The introduction of the new US visa restrictions targeting South African officials and policy-makers has raised questions about how the measures will be implemented and who could be affected.
The policy targets foreign nationals responsible for or complicit in laws or policies that enable uncompensated land seizures, race-based discrimination or the incitement of imminent violence against members of minority groups in South Africa.
Zadrean Fredericks, a consultant with Visas Abroad, said the announcement reflected growing US diplomatic pressures on South Africa over its land reform and economic transformation policies, including Black Economic Empowerment (BEE).
The restrictions are primarily aimed at politicians, government workers and activists deemed responsible for implementing or supporting such policies.
Fredericks added that the measures could potentially extend to immediate family members of those targeted, although aspects of the implementation remained unclear.
Visa specialists say the discretionary nature of US visa decisions makes it difficult to predict how the new restrictions will be applied.
“The US is so unpredictable that you cannot say this or that is correct. An application can be 100% correct and will get refused, then when the client reapplies with exactly the same information it will be approved,” said Peter-John de Klerk from Coast to Coast Visa Services.
Vetting processes
De Klerk believes that, regardless of the restrictions in place, visa outcomes ultimately hinge on the interview and social media checks.
“Unlike other embassies where they are focused on evidence in documentation, the US is focused on the interview and they really dig into your social media so you never know what the outcome will be.”
Amina Jones of Trips and Beyond agreed that US consular officials placed considerable emphasis on applicants' personal circumstances, including their ties to their home country.
“Based on my own experience, your documents may not even be looked at if you have already convinced the consul that you have strong ties in your home country or country of residence,” she said. Applicants’ employment or business details, previous travel and proposed itineraries may demonstrate these ties.
Jones believes the restrictions targeting South African officials could also change as the US political landscape shifts.
“It is a political era which could change overnight. The world is changing their mindset on places to visit and the destinations that give pain to the travellers will ultimately suffer,” she said.
