Visa Applications During Travel: Non-US citizen employees
Summary
Travel on Official Lab Business
Communications During Visa Processing
Assignments
Travel for Personal Reasons
Summary
Visa applications by non-US citizen FRA employees usually undergo “security clearance” (also called “administrative processing”) prior to the visa issuance. A security clearance request can be triggered by the type of work performed by the visa applicant (e.g. scientist/physicist) or by the place of work (e.g. Fermilab). Each security clearance involves a review of queries submitted to numerous state, federal and international agencies, a process that is managed by the FBI. There is no timeline for completion of the security clearance and (by law) there is no way to expedite the process. Processing security clearances can be as short as three weeks, but in some cases visa applications by FRA employees have taken from 2 ½ to 4 months from the date of interview to issuance of the visa.
The Visa Office tracks visa application/security clearance duration based on Lab employee experience and is well placed to advise on this issue. Please read the Travel Advisory before making any travel plans.
Travel on Official Lab Business
Unanticipated delays in returning to the Lab from outside the U.S. can result in significant increase in the cost of travel and dislocation in work responsibilities. For these reasons we must ensure, prior to departure, that:
- travel plans can realistically accommodate the visa application process, and
- the Visa Office actively monitors the visa application process from the point of application to the eventual visa issuance.
Accordingly, if an FRA employee plans to make a visa application while outside the U.S. on official Lab business, the employee must:
- meet with the Visa Office before finalizing their travel plans, and
- advise the Travel Office about the intended visa application when submitting the Travel Authorization request.
Travel Authorization requests indicating that a visa application will be made will be forwarded by the Travel Office to the Visa Office for confirmation that the timeline is realistic. If the travel plans do not adequately accommodate the time anticipated for a visa application, the travel authorization will not be approved.
Communications During Visa Processing
During the visa application process, employees must keep the Visa Office advised of the status of the application including the date the application was submitted, the date of the interview, the results of the interview, and any communications between the Consulate and the employee. The Visa Office will communicate with the Department of State as appropriate to ensure the visa is promptly issued once security clearance is complete. Documentation of these efforts is necessary to show that Fermilab has made every effort to minimize the consequences and costs of unexpected delays in visa issuance.
Assignments
Overview
FRA will assign an employee to work at a non-U.S. institution while waiting for issuance of a U.S. visa under the following circumstances.
- The employee is on official foreign travel.
- The non-U.S. institution agrees that the employee may work on the employee’s Fermilab-activity while at the non-U.S. institution.
- The non-U.S. institution provides the employee with necessary facilities including but not limited to a desk, computer link, and telephone.
- The employee’s D/S/C Head agrees that the employee can accomplish work valuable to Fermilab while abroad.
FRA will not assign an employee to work outside the US if the travel is for personal reasons.
Procedure
- Such assignments must be approved by the Chief Operating Officer (COO).
- Assignments will be for 30 days, and extendable upon approval in 30 day increments.
- Arrangements with non-U.S. institutions must be approved by the COO or his/her designee.
- The COO or his/her designee will provide the employee with a letter specifying the duration and location of assignment.
- The employee should not finalize any travel arrangements until COO approval and an agreement with the non-U.S. institution have been obtained.
- D/S/C Head approval of the employee’s travel request is considered agreement for purposes of the assignment for up to 90 days (as needed). D/S/C re-approval of the travel authorization/assignment will be sought quarterly thereafter, should the visa still be pending issuance.
- Financial support will be provided to the employee during the assignment in accordance with Fermilab’s normal travel policy.
Travel For Personal Reasons
Employees who are traveling outside the U.S. for personal reasons and who will apply for a new visa also should go to the Visa Office’s Travel Advisory to review current visa processing information. They also should meet with the Visa Office prior to finalizing travel plans. Delays in visa issuance can result in delays in return, and thereby result in significant additional cost and problems in staffing and project completion for the Lab.