Visa Integrity and Security Act of 2016

Visa Integrity and Security Act of 2016

This bill amends the Immigration and Nationality Act (INA) to require that: (1) visa and admissions petitions and applications filed with the Department of Homeland Security (DHS) or a consular officer must contain all required signatures; (2) each immigrant visa application must be signed in the presence of a consular officer and verified by oath; (3) supporting documents that contain information in a foreign language may not be accepted without a certified English translation; and (4) any requested additional information must be provided in complete form before a petition or application is approved.

No petition or application may be approved unless a background check is completed to determine whether each petitioner/applicant or beneficiary/derivative is a national security threat or is otherwise ineligible for entry.

A background check shall include a review of social media activity.

No immigrant or nonimmigrant visa may be issued (with specified exceptions) until completion of a security advisory opinion for an alien: (1) who is a national of Iran, Iraq, Libya, Somalia, Syria, Sudan, Yemen, or any other country that the Department of State determines appropriate; (2) who is a national of a country that the State Department has designated as a country whose nationals should be subject to a security advisory opinion; or (3) for whom the consular officer determines a security advisory opinion is appropriate.

A petition or application for an immigrant visa based upon a biological relationship between the petitioner or applicant and the beneficiary or derivative must include genetic test results confirming such relationship.

DHS shall conduct an in-person interview with a person seeking any INA benefit, except for work authorization.

DHS shall: (1) submit and implement a plan for the use of advanced analytics software to ensure the proactive detection of fraud in immigration benefits applications and petitions and to ensure that any such applicant or petitioner does not pose a national security threat; and (2) complete a benefit fraud assessment for certain visa categories by FY2021.

The State Department may impose visa security surcharges.

The Homeland Security Act of 2002 is amended to require the assignment of DHS personnel to each diplomatic and consular post that issues visas.

INA is amended to require an alien seeking U.S. entry to establish by clear and convincing evidence (currently, to establish to the satisfaction of the consular officer or the Attorney General, respectively) that he or she is eligible to receive the document required for entry or that he or she is is not inadmissible.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov