It has been suggested again here http://diplopundit.blogspot.com/2009...reer-fair.html that the Nonimmigrant visas (NIV) function be removed from State and transferred to DHS. As is stands now the NIV is permission to apply for admission at the port of entry (POE). This theoretically enables the bearer to travel to the POE to apply for admission. In fact, even that option is limited since to fly to the US on an NIV one needs an APIS clearance to fly from Customs and Border Patrol (CPB): http://www.cbp.gov/xp/cgov/travel/in...nformation.xml

Before the B-1/B-2 business/tourist NIV can be issued the applicant must convince a consular officer of his/her intention to return home after a temporary visit to the US. Before applying the applicant has been photographed and fingerprinted and the consular officer has the feedback from running this biometric information against criminal databases. A namecheck against the CLASS lookout system is also conducted. The Nigerian kid who tried to blow up the Delta/NW flight had an NIV issued in London within the last two years. At the time he was issued his name was not in CLASS. It was also not in the CPB (DHS) lookout system when he cleared APIS from Ghana after buying his round trip ticket to Detroit, this despite his father having expressed concern about his son's radicalization and requested USG assistance in locating him. The Embassy reported this information to the NCTC (DNI)/NTC (FBI) which concluded the information did not rise to the level of including him on the no fly list or revoking his visa. This decision was not made by the State Department or the Embassy in Abuja.

So the suggestion that the State Department dropped the ball on this one is incorrect as far as we know.