Visa Integrity and Security Act of 2016

“211A. Petition and application processing

“(a) Signature requirement

“(1) In general—No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless the petition or application is signed by each party required to sign such petition or application.

“(2) Applications for immigrant visas—Except as may be otherwise prescribed by regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer.

“(b) Completion requirement—No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless each applicable portion of the petition or application has been completed.

“(c) Translation requirement—No document submitted in support of a petition or application for a nonimmigrant or immigrant visa may be accepted by a consular officer if such document contains information in a foreign language, unless such document is accompanied by a full English translation, which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

“(d) Requests for additional information—In an instance where the Secretary of Homeland Security or a consular officer requests any additional information relating to a petition or application filed with the Secretary or consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant, such petition or application may not be approved unless all of the additional information requested is provided in complete form and is provided on or before any deadline included in the request.

“211B. Background checks and other screening requirements

“(a) Comprehensive security and background check—Except as otherwise provided in subsection (b), no petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa to or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless a background check to determine whether or not the alien is a national security threat and or is otherwise ineligible for such visa or admission is completed for—

“(1) the petitioner or applicant; and

“(2) each beneficiary or derivative of the petition or application.

“(b) Security advisory opinion required

“(1) In general—In addition to any other limitation under the immigration laws on the issuance of a nonimmigrant or immigrant visa, no such visa may be issued to an alien (other than an alien described in paragraph (2)) until the completion of a security advisory opinion for that alien, if—

“(A) that alien is a national of—

“(i) Iran, Iraq, Libya, Somalia, Syria, Sudan, or Yemen; or

“(ii) any other country, as the Secretary of State determines appropriate;

“(B) that alien is a national of a country, which on the date of enactment of this section the Secretary of State has designated as a country whose nationals should be subject to a security advisory opinion; or

“(C) the consular officer determines a security advisory opinion is appropriate for that alien.

“(2) Certain aliens excepted—An alien described in this paragraph is any alien—

“(A) for whom the consular officer determines a security advisory opinion is not appropriate; and

“(B)

“(i) who has applied for a visa under subparagraph (A) or (G) of section 101(a)(15);

“(ii) whose admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or

“(iii) who has applied for a visa which is within the NATO visa category.

“(c) Review of social media activity—The background check under subsection (a) shall include a review of the alien’s publicly available interactions on and posting of material to the Internet (including social media services).

“(d) DNA testing—No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of an immigrant visa to an alien or to the admission of an alien to the United States as an immigrant, if the eligibility for the immigration benefit is predicated on the fact that a biological relationship exists between the petitioner or applicant and the beneficiary or derivative, may be approved, unless a genetic test is conducted to confirm such biological relationship and the results of such test are submitted as part of the petition or application. Any such genetic test shall be conducted at the expense of the petitioner or applicant.

“(e) Interviews—No petition or application filed with the Secretary of Homeland Security for any benefit under this Act, except for work authorization, by or on behalf of an alien present in the United States may be approved unless the Secretary conducts an in-person interview with that alien. The Secretary may waive such requirement in the case of any alien who would be 10 years of age or younger at the time of the interview.”