■■■■■ 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;
…” 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