In this article, we outline the process whereby consular staff at U.S. embassies and consulates may require additional security clearance from State Department headquarters in Washington D.C., prior to issuing visas for certain applicants. Consular staff typically request a Security Advisory Opinion (SAO) in cases where an applicant is potentially ineligible under Section 212 (a) (3) (A) of the Immigration and Nationality Act. These requests may be triggered in cases of suspected espionage, sabotage, transfer of technologically sensitive goods or information, or conspiracy to overthrow U.S. government through force, violence, or other unlawful means. Here we focus on SAO requests pertaining to aliens who are studying / researching / working in the sensitive areas classified under the Technology Alert List (TAL).

At the visa interview:

During visa interview, if the visa officer believes that a visa applicant’s proposed study / work / research in the United States falls within one of the categories mentioned on the Technology Alert List, the officer may seek an SAO from Washington D.C. ahead of adjudicating the underlying visa application. The visa applicant is given a questionnaire that requires him / her to answer questions about his / her background and proposed activities in the United States. Applicants are directed to submit this information by email to a specific email address. In most cases, security clearances are completed in 3 to 4 weeks; however, there are situations where this process takes much longer.

SAOs may be triggered by study, research, or work involving one or more of the following:

1) Conventional Munitions;
2) Nuclear Technology
3) Rocket Systems
3) Rocket System And Unmanned Air Vehicle (UAV) Subsystems
4) Navigation, Avionics
5) Flight Control Useable In Rocket Systems And Unmanned Air Vehicles (UAV)
6) Chemical, Biotechnology, And Biomedical Engineering
7) Remote Sensing, Imaging, And Reconnaissance
8) Advanced Computer/Microelectronic Technology
9) Materials Technology
10) Information Security
11) Laser And Directed Energy Systems Technology
12) Sensors And Sensor Technology
13) Marine Technology
14) Robotics
15) Urban Planning

Conclusion:

Since these matters pertain to the security of the nation, one must understand that the visa may be denied if the questions are not effectively addressed. We at Murthy Immigration Services have assisted many students and workers to effectively address the questions and successfully clear the process to get the visa issued.