The Department of Homeland Security (DHS) and the Department of State (DOS) have signed a memorandum of understanding (MOU) in an effort to work cooperatively to keep the United States borders secure, while trying to ensure open channels of commerce and travel.  This change was called for in section 428 of the Homeland Security Act of 2002 and will take effect with the publication of the MOU in the Federal Register.

Under the delegation of powers under the MOU, the State Department will continue to manage the visa process and the foreign policy of the U.S., while the DHS will establish and review visa policy, and ensure that homeland security requirements are fully reflected in the visa process.

The DHS and the State Department will also work to find U.S. Embassies and Consulates where additional DHS officers may also be posted.  As Department of State employees, consular officers and staff who currently work on visa matters will continue to receive direction from the Secretary of State.  Consular officers will retain the responsibility for visa adjudication and issuance.

The DHS officers assigned overseas will provide expert advice to consular officers regarding security threats related to the adjudication of visa applications or classes of applications, review visa applications, and conduct investigations involving visa matters in accordance with the MOU.  DHS will have final decision-making responsibilities over policy areas that include classification, admissibility and documentation; place of visa application; discontinuing granting visas to nationals of a country not accepting aliens; personal appearance; visa validity periods and multiple entry visas; the Visa Waiver Program; notices of visa denials; and processing of persons from state sponsors of terrorism.

In addition, the DOS shall provide families of the DHS employees assigned to overseas posts access to language and culture training on the same basis as the families of the employees of other agencies at the request of the DHS.  The DHS, in cooperation with the State Department, will make training available for some of its employees on the different aspects of their duties at the overseas posts before they travel abroad.

Under the MOU, the State Department will continue to prescribe guidance concerning advisory opinions that may be sought by consular officers, but will consult with the Secretary of Homeland Security concerning changes in that guidance.  The DOS will also continue to provide advisory opinions, including SAOs, after appropriate interagency coordination.  The DHS will be copied on all advisory opinion requests.