The Trump White House has issued an Executive Order (EO) mandating that the Department of State (DOS) reform its workforce and revise or replace key policies. The EO will not immediately take effect without DOS actions. These exact actions are unknown and will be challenged by litigation. However, DOS will almost certainly lose staff, which would likely delay and slow visa processing for foreign nationals.

The Issue

The EO requires DOS employees to “faithfully implement” the President’s foreign policy. While historically DOS employees have had to do so, the agency has also been a nonpartisan and nonpolitical institution that allowed some internal dissent. This EO, however, emphasizes the President’s political control over the workforce, including the discipline and termination of non-compliant employees.

The EO also requires DOS to implement reforms in recruiting, training, performance, evaluation, and retention, and to revise or replace internal guidance such as the Foreign Affairs Manual (FAM), DOS’ central rulebook.

The EO does not explain the proposed reforms. That said, looking at the Trump administration’s general approach to federal agencies, the administration likely intends to cut the DOS, discipline employees deemed disloyal, and push employees to resign. In fact, separately from the EO, DOS has already directed some ambassadors to cut at least 10% of both US diplomats and local staff.

A Deeper Dive

A reduction in DOS staff – whether through firings or resignations – will lead to longer visa processing times. Appointment backlogs will worsen, already exacerbated by new rules mandating more interviews.

For DOS employees who stay, agency leadership may more closely monitor them and push them to strictly implement agency guidance, such as new requirements for enhanced screening and vetting for visa applicants. Such rules may delay visa processing, deny more visa applications, and restrict applicants from countries with weak or strained relations with the US.

What You Should Do

• Visa applicants who will need an interview should monitor visa interview schedules to book appointments as early as possible.
• Visa applicants should double-check consulate requirements for all local procedures and document requirements, and should contact consulates directly if they need clarification.
• Visa applicants in countries such as India with especially backlogged interview queues might consider traveling to third countries for visa interviews.
• Employers and employees should expect travel delays.

How We Can Help

To receive individualized advice, and to learn how Meltzer Hellrung’s Consular Processing Services package can ease the visa application burden, speak to your designated Meltzer Hellrung attorney.