I 
114TH CONGRESS 
2D SESSION 
H. R. 5203 
To amend the Immigration and Nationality Act to provide for new procedures 
pertaining to the processing of petitions and applications for immigrant 
or nonimmigrant visas or for immigration benefits, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2016 
Mr. FORBES (for himself, Mr. GOODLATTE, Mr. GOWDY, Mr. MARINO, and 
Mr. SENSENBRENNER) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees 
on Homeland Security and Foreign Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for new procedures pertaining to the processing of peti-
tions and applications for immigrant or nonimmigrant 
visas or for immigration benefits, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Visa Integrity and Se-
curity Act of 2016’’. 
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SEC. 2. PETITION AND APPLICATION PROCESSING FOR 
VISAS AND IMMIGRATION BENEFITS. 
(a) IN GENERAL.—Chapter 2 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 211 the following: 
‘‘SEC. 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 regula-
tions, 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 ap-
plicant 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 un-
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less 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 non-
immigrant or immigrant visa may be accepted by a con-
sular officer if such document contains information in a 
foreign language, unless such document is accompanied by 
a full English translation, which the translator has cer-
tified 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 Sec-
retary 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 ap-
plication 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 re-
quest. 
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‘‘SEC. 211B. BACKGROUND CHECKS AND OTHER SCREEN-
ING 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 non-
immigrant 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 admis-
sion is completed for— 
‘‘(1) the petitioner or applicant; and 
‘‘(2) each beneficiary or derivative of the peti-
tion 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 comple-
tion 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 
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‘‘(ii) any other country, as the Sec-
retary 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 se-
curity 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 deter-
mines a security advisory opinion is not appro-
priate; 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 per-
mit 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 
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‘‘(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 re-
view 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 con-
sular 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 immigra-
tion benefit is predicated on the fact that a biological rela-
tionship exists between the petitioner or applicant and the 
beneficiary or derivative, may be approved, unless a ge-
netic test is conducted to confirm such biological relation-
ship 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 inter-
view with that alien. The Secretary may waive such re-
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quirement in the case of any alien who would be 10 years 
of age or younger at the time of the interview.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item pertaining 
to section 211 the following: 
‘‘211A. Petition and application processing. 
‘‘211B. Background checks and other screening requirements.’’. 
(c) CONFORMING AMENDMENT.—Section 222(e) of 
the Immigration and Nationality Act (8 U.S.C. 1201(e)) 
is amended by striking the following: ‘‘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.’’. 
(d) APPLICATION.—The amendments made by this 
section shall apply with respect to applications and peti-
tions filed after the date of the enactment of this Act. 
SEC. 3. FRAUD PREVENTION. 
(a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 180 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the House 
of Representatives and the Committee on the Judici-
ary of the Senate a plan for the use of advanced 
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analytics software to ensure the proactive detection 
of fraud in immigration benefits applications and pe-
titions and to ensure that any such applicant or peti-
tioner does not pose a threat to national security. 
(2) IMPLEMENTATION
OF
PLAN.—Not later 
than 1 year after the date of the submission of the 
plan under paragraph (1), the Secretary of Home-
land Security shall begin implementation of the plan. 
(b) BENEFITS FRAUD ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Fraud Detection and 
Nationality Security Directorate, shall complete a 
benefit fraud assessment by fiscal year 2021 on each 
of the following: 
(A) Petitions by VAWA self-petitioners (as 
such term is defined in section 101(a)(51) of 
the Immigration and Nationality Act). 
(B) Applications or petitions for visas or 
status under section 101(a)(15)(K) of such Act 
or under section 201(b)(2) of such Act, in the 
case of spouses. 
(C) Applications for visas or status under 
section 101(a)(27)(J) of such Act. 
(D) Applications for visas or status under 
section 101(a)(15)(U) of such Act. 
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(E) Petitions for visas or status under sec-
tion 101(a)(27)(C) of such Act. 
(F) Applications for asylum under section 
208 of such Act. 
(G) Applications for adjustment of status 
under section 209 of such Act. 
(H) Petitions for visas or status under sec-
tion 201(b) of such Act. 
(2) REPORTING ON FINDINGS.—Not later than 
30 days after the completion of each benefit fraud 
assessment under paragraph (1), the Secretary shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate such assessment and rec-
ommendations on how to reduce the occurrence of 
instances of fraud identified by the assessment. 
SEC. 4. VISA SECURITY PROGRAM. 
(a) FUNDING.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, beginning in fiscal year 2016 and 
thereafter, the Secretary of State is authorized to 
charge surcharges in support of visa security that 
are in addition to the passport and immigrant visa 
fees in effect on January 1, 2004, and any other 
fees collected pursuant to the fourth paragraph 
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under the heading ‘‘Diplomatic and Consular Pro-
grams’’ in the Department of State and Related 
Agency Appropriations Act, 2005 (title IV of divi-
sion B of Public Law 108–447): Provided, that 
funds collected pursuant to this authority shall be 
credited to the appropriation for U.S. Immigration 
and Customs Enforcement for the fiscal year in 
which the fees were collected, and shall be available 
until expended for the funding of the Visa Security 
Program established by the Secretary of Homeland 
Security under section 428(e) of the Homeland Se-
curity Act of 2002 (Public Law 107–296): Provided 
further, that such surcharges shall total the amount 
sufficient annually to cover the Visa Security Pro-
gram costs. 
(2) REPAYMENT OF APPROPRIATED FUNDS.— 
Twenty percent of the funds collected each fiscal 
year under the heading ‘‘Diplomatic and Consular 
Programs’’ in title IV of division B of the Depart-
ment of State and Related Agency Appropriations 
Act, 2005 (Public Law 108–447) shall be deposited 
into the general fund of the Treasury as repayment 
of funds appropriated pursuant to subsection (b)(3) 
until the entire appropriated sum has been repaid. 
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(b) EXPEDITIOUS EXPANSION OF ASSIGNMENT OF 
HOMELAND SECURITY EMPLOYEES TO DIPLOMATIC AND 
CONSULAR POSTS.— 
(1) IN GENERAL.—Section 428 of the Home-
land Security Act of 2002 (6 U.S.C. 236) is amend-
ed— 
(A) in subsection (e)— 
(i) by amending paragraph (1) to read 
as follows: 
‘‘(1) IN
GENERAL.—Not later than 4 years 
after the date of the enactment of the Visa Integrity 
and Security Act of 2016, the Secretary shall assign 
employees of the Department to each diplomatic and 
consular post at which visas are issued, and shall 
communicate such assignments to the Secretary of 
State.’’; and 
(ii) by amending paragraph (2)(B) to 
read as follows: 
‘‘(B) Review all such applications and sup-
porting documentation prior to the adjudication 
of such an application.’’; and 
(B) by striking subsection (i). 
(2) EXPEDITED CLEARANCE AND PLACEMENT 
OF
DHS
PERSONNEL.—Notwithstanding any other 
provision of law, and the processes set forth in Na-
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tional Security Defense Directive 38 (dated June 2, 
1982) or any successor Directive, not later than one 
year after the date on which the Secretary of Home-
land Security communicates to the Secretary of 
State the assignment of personnel to a diplomatic or 
consular post under section 428(e) of the Homeland 
Security Act of 2002 (6 U.S.C. 236(e)), as amended 
by this Act, the Chief of Mission of such a post shall 
ensure that such personnel have been stationed and 
accommodated at that post and are able to carry out 
their duties. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $60,000,000 
for each of fiscal years 2017 and 2018, which shall 
be used to expedite the implementation of section 
428(e) of the Homeland Security Act of 2002 (6 
U.S.C. 236(e)), as amended by this Act. 
SEC. 5. BURDEN OF PROOF. 
(a) IN GENERAL.—Section 291 of the Immigration 
and Nationality Act (8 U.S.C. 1361) is amended— 
(1) by striking ‘‘to the satisfaction of the con-
sular officer’’ and inserting ‘‘by clear and convincing 
evidence’’; and 
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(2) by striking ‘‘to the satisfaction of the Attor-
ney General’’ and by inserting ‘‘by clear and con-
vincing evidence’’. 
(b) CONFORMING AMENDMENT.—Section 214(b) of 
such Act (8 U.S.C. 1184(b)) is amended by striking ‘‘es-
tablishes to the satisfaction of the consular officer,’’ and 
inserting ‘‘establishes by clear and convincing evidence to 
the consular officer,’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply with respect to applications filed on or 
after the date of the enactment of this Act. 
SEC. 6. GAO REPORT. 
(a) IN GENERAL.—Not later than 18 months after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a review and 
report to Congress on the security of nonimmigrant and 
immigrant visa application processes. Such a review shall 
address— 
(1) how the United States government conducts 
security screening and background checks for non-
immigrant and immigrant visa petitions and applica-
tions, including the agencies and partners involved 
and the systems and databases used; and 
(2) how the Departments of Homeland Security 
and State consider the results of such screening and 
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background checks in adjudicating nonimmigrant 
and immigrant visa petitions and applications. 
(b) AGENCY COOPERATION.—Each agency involved 
in the processes for conducting and considering the results 
of such security screening and background checks shall 
fully cooperate with, and provide timely access to, the 
Comptroller General any requests for records and infor-
mation. 
Æ 
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