August 19, 2008 - The Department of State (DOS) has published a final rule requiring all applicants for nonimmigrant visas to provide ten scanned fingerprints as part of the visa application process at U.S. consulates abroad. Although consulates have been capturing scanned images of applicants' fingerprints as part of the Biometric Visa Program since December 2004, this final rule amends regulations currently in place that did not previously contain information about the requirement for nonimmigrant visa applicants to provide ten fingerprints. The final rule excludes fingerprinting for any applicants under the age of 14 years or over the age of 79.

DOS and its consulates abroad use the fingerprint images to conduct background checks to ensure that an applicant is eligible to receive a nonimmigrant visa. Among other things, the consulates are looking for any previous criminal records or the possibility that the applicant may have entered the U.S. under a different name in the past.

BAL Comment: Because the DOS has been gradually implementing the fingerprint requirement since 2004, most applicants for a nonimmigrant visa should not expect any new or different procedures at the visa interview, unless the applicant has not appeared for a visa interview since 2004 or earlier. Although most background checks clear quickly, applicants should continue to plan for any potential delays at the consulate while background checks are being conducted.