At MurthyIndiaDotCom, we are often contacted by applicants whose applications are pending for several months on account of a security advisory opinion (SAO). In this edition of the MurthyIndiaBulletin, we look at the SAO and general guidelines to be considered while responding to the questionnaire, which could help expedite the process.

Applicants Generally Subject to Security Advisory Opinion:

Given the global security scenario, in the past few years, the requests for Security Advisory Opinion (SAO) has become more common by U.S. Consulates and Embassies across the globe. This could be initiated if the applicant is involved in study, research or work in a sensitive technology or biological sciences or a related field or if s/he will be working on a sensitive project involving national security. Depending on the background and intended purpose of travel, the applicant may be requested to complete a SAO Questionnaire.

Information Requested on Questionnaire:

The SAO questionnaire consists around twelve questions. These questions are primarily to understand the applicant’s current/past positions; details of any research s/he is/was associated with; reasons for intended travel to the U.S.; details on any proposed research and the possible application; information on funding if applicable, clarification if the proposed work has anything to do with U.S. governmental agencies or if the work is sensitive or classified and the applicants nature of proposed involvement in the work; detailed scientific description of the proposed research / work in the U.S. and how this visit to the U.S. will help the applicant; references to persons familiar with the applicants work or research; trip itinerary and other biographic information. The questionnaire for New Delhi, Chennai and Mumbai can be found by clicking on the respective names.

Responding to Questionnaire:

If the applicant has worked or will be working in any of the sensitive technologies or projects, s/he should respond to the technical questions on the nature of work performed in India and the proposed work / research in the U.S. in detailed manner. The response should not be very vague or generic and should be explained as would be made to a technical expert or scientist or an expert in their field. If the applicant has any publications to his/her credit, then the curriculum vitae should list all such publication and research work.

In some instances, the applicant may not have been involved in any research and the proposed trip may be purely personal. In such instances, the applicant should indicate accordingly and if a particular question is not applicable to them, s/he must in addition to marking “Not applicable”, should indicated why this question does not apply to him or her. While providing the applicants biographic information or information about co-travelers or references including details of contact person in the U.S., the applicant should provide accurate information. If the visit is personal, they may indicate so while providing this information. The response to each question needs to be clear, informative and unambiguous.

Sending Response in Prescribed Format:

While responding to the questionnaire, applicants should ensure that s/he has followed all instructions prescribed by the appropriate consulate and supporting information is sent in the exact format requested by the consulate or embassy. Sending huge documents as attachment and in a format which is not prescribed by the consulate could case delay in the process.

Processing Time:

This could vary from four to twelve weeks or more. The current processing time is sometimes displayed on website of the respective consular website. In most instances, the consulates / embassy would not prefer an inquiry unless at least ten weeks have passed since the date of submission of the requested information (not the date of interview). Further, the consulates/embassy update the case status on a regular basis.

Preparation Ahead of Visa Interview:

Applicants can expedite the process by preparing well for the interview. Applicants who have worked or researched or intent to work or research in any of the field listed in the technology alert list or any related field or field of advanced sciences or on sensitive projects, then s/he should be prepared to answer any questions related to their work/research or intended work/research. Some consulates even advise that applicants may carry a copy of their resume or curriculum vitae; a list of their publications (if any); a summary of their past research; a detailed description of their ongoing or future research or work in the U.S.; the name of their advisor or sponsor in the United States, including a mailing address and telephone number; the name of the financial sponsor of the U.S. study/research; and a list of references. Having all of this readily available would reduce the valuable time taken to prepare and submit all the information.

Conclusion:

Many of the visa applicant’s either do not provide all the required information or end up providing non-relevant information. Either of this could directly result in delay in the adjudication process. Unfortunately nothing much can be done to expedite the process, especially because National Security is involved. There have been delays for esteemed scientists, B1 / H1 / L1 workers, students and even tourists, having background in certain areas of science and advanced technology. Shutting out some of the best and brightest minds from around the world may not seem the best way to establish national security, however, it is essential to screen and prevent travelers who could pose a threat to the Nation’s security or peace and a balance needs to be maintained. Streamlining the process and ensuring a significantly shorter processing time could be the solution. From the applicant’s perspective, s/he should be well prepared and provide honest, accurate information at the interview and while responding to the questionnaire to expedite the process.