​■■■■■ A 2003 memorandum of understanding between Department of State and DHS outlines the duties of each agency with respect to visa issuance.

​■■■■■ A 2003 memorandum of understanding between Department of State and DHS outlines the duties of each agency with respect to visa issuance.

The State Department manages the visa process ( IV/NIV), as well as the consular officers and its functions on their visa line providing CFR / FAM guidance, visa policies, and procedures in consultation with DHS.
The Homeland Security Act -2002-  grants DHS  authority to issue CFR regulations on, administer, and enforce the INA relating to the functions of consular officers in connection with the granting,  denial or revocation of visas ( IV/NIV ) abroad because a 2003 memorandum of understanding between Department of State and DHS outlines the duties of each agency with respect to visa issuance.
Here is an example of the power of one DHS /Department of State s federal rule : 
July 29, 2016.

Department of Homeland Security 

8 CFR Parts 103 and 212 

Expansion of Provisional Unlawful Presence Waivers of Inadmissibility; 

Final Rule
…” any individual who 

was seeking an immigrant visa and 

became inadmissible under the 3- or 10- 

year unlawful presence bar upon 

departure from the United States, could 

apply for a waiver of such 

inadmissibility from DHS by filing an 

Application for Waiver of Grounds of 

Inadmissibility, Form I–601, with 

USCIS, but only after having attended 

the consular immigrant visa interview 

abroad….”

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