Legal Eagle - Additional scrutiny under Technology Alert List

Nandini P Nair lists the 16 categories which have been included in the Tech Alert List for increased scrutiny

Dear readers, please be aware that nationals of India, China, Israel, Pakistan, and Russia, applying for nonimmigrant visas for business or academic purposes listed on the Technology Alert List (TAL), will be subject to increased background screening. These countries are considered to possess nuclear capability and the United States is concerned about illegal transfer of technology involving certain “sensitive technologies”.

Anyone planning to apply for a student or other nonimmigrant visa to enter the US should keep this additional security process in mind. If one’s field of work or study potentially fits within the TAL list, there may be an extended wait for visa processing. It is always best to apply at the earliest opportunity.

The TAL consists of 16 sensitive technologies, listed below. Additionally, those who work or study in a “closely” related field, or one that is categorised as “dual use”, may also be subjected to increased processing procedures and delays. The consular officers will determine whether the person’s work or school activities fit within the regulated fields.

The sensitive areas constituting the Technology Alert List are:

(1) Conventional Mun-itions: Technologies associated with warhead and large calibre projectiles, fusing, and arming systems;

(2) Nuclear Technology: Technologies associated with the production and use of nuclear material for military applications;

(3) Missile/ Missile Technology: Techn-ologies associated with air vehicles and unmanned missile systems;

(4) Aircraft and Missile Propulsion and Vehicular Systems: Technologies associated with liquid and solid rocket propulsion systems, missile propulsion, rocket staging/separation mechanisms, and aerospace thermal and high performance structures;

(5) Navigation and Guidance Control: Tech-nologies associated with the delivery and accuracy of unguided and guided weapons, such as tracking and homing devices; internal navigation systems, and vehicle and flight control systems;

(6) Chemical and Biotechnology Engineering: Technologies associated with the development or production of biological and toxin agents, pathogenics, and biological weapons research;

(7) Remote Imaging and Reconnaissance: Technologies associated with military reconnaissance efforts, such as drones, remotely piloted or unmanned vehicles, imagery systems, and high resolution cameras;

(8) Advanced Computer and Microelectronic Technology: Technologies associated with superconductivity, supercomputing, and microcomputer compensated crystal oscillators;

(9) Materials Technology: Technologies related to the production of composite materials for structural functions in aircraft, spacecraft, undersea vehicles, and missiles;

(10) Information Security: Technologies associated with cryptographic systems to ensure secrecy of communications;

(11) Lasers and Directed Energy Systems: Technologies associated with laser-guided bombs, ranging devices, and countering missiles;

(12) Sensors: Technologies associated with Marine acoustics, missile-launch calibration, night vision devices, and high-speed photographic equipment;

(13) Marine Technology: Technology associated with submarines and deep submersible vessels, marine propulsion systems designed for undersea use and navigation, radar, and acoustic / non-acoustic detection;

(14) Robotics: Technologies associated with artificial intelligence and computer-controlled machine tools;

(15) Advanced Ceramics: Technologies related to the production of tanks, military vehicles, and weapons systems;

(16) High Performance Metals and Alloys: Technologies associated with military applications.

In addition, the proposed regulation that would have limited most visitors / tourists to a one-month stay in the United States has been withdrawn. It is not yet clear if the proposal will come back in the future. The proposed regulation, which was published April 12, 2002, would have changed the standard period of admission on a B-2 visitor’s status in the US from six months to one month. Individuals who could not prove that they needed to stay longer would have been only given one month to stay in the US. This is good news for all.