On June 18, 2024, the Biden-Harris Administration announced measures to streamline the process for obtaining employment-based nonimmigrant visas for U.S. college graduates with job offers.
This initiative will enable certain individuals to obtain nonimmigrant work visas more swiftly if they meet the eligibility criteria.
As part of this initiative, the Department will provide clearer guidance to consular officers on when they should recommend that DHS grant an ineligibility waiver, where applicable.
Q: What impact will these process clarifications have on current NIV ineligibility waiver processing steps?
The clarifications will outline the circumstances under which consular officers should recommend that the Department of Homeland Security expedite ineligibility waivers for applicants, alongside their visa applications overseas. However, the processing steps themselves will remain unchanged.
Waiver requests are reviewed by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office.
Q: How can an individual apply for a petition-based nonimmigrant work visa?
Before applying for an H-1B or other temporary worker visa, an applicant typically needs U.S. Citizenship and Immigration Services (USCIS) to approve a Petition for a Nonimmigrant Worker, Form I-129. More details about the petition process are available on the USCIS website under "Working in the U.S." and "Temporary (Nonimmigrant) Workers." Once USCIS approves the petition, it will send a Notice of Action, Form I-797, to the prospective employer.
Individuals can apply for a nonimmigrant visa after the petition is approved by USCIS. The visa application process involves several steps, which may vary depending on the U.S. embassy or consulate where the application is made. Applicants should visit the embassy or consulate website for specific application instructions.
Applicants must complete the Online Nonimmigrant Visa Application, Form DS-160, and schedule an appointment for a visa interview at any U.S. Embassy or Consulate.
Q: How can an applicant request a visa ineligibility waiver during a standard interview?
If a visa application is denied, the consular officer will typically inform the applicant of the reason for ineligibility and whether they qualify for a waiver.
Applicants ineligible for a visa due to certain inadmissibility grounds in Section 212(a) of the Immigration and Nationality Act may be eligible for a waiver.
Waiver requests are decided by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office, based on recommendations from the Department of State.
For waiver approval inquiries, please contact the Department of Homeland Security.
Q: What are the current wait times for employment-based nonimmigrant visa interviews at overseas posts?
Currently, interview wait times for H-1B visas are minimal at most of our overseas posts.
Q: How will the upcoming edits to the Foreign Affairs Manual (FAM) clarify guidance for consular officers?
The forthcoming FAM updates will specify when consular officers should recommend that DHS grant ineligibility waivers, in line with existing laws and Department regulations on nonimmigrant visas. These updates will not introduce new benefits and are not limited to DACA recipients.
The updates will also encourage consular officers to recommend expedited review of waiver requests for certain nonimmigrant visa applications overseas, adhering to existing Department regulations and guidance.
This will potentially allow certain individuals to receive work visas more quickly if DHS approves an ineligibility waiver.
While leaving the United States to apply for a visa involves some risks, this policy will clarify waiver recommendation guidelines, enabling individuals and employers to make informed decisions and streamline the process for eligible individuals to begin work promptly.
Q: When will the new guidance be issued?
The updated guidance for consular officers will be issued within the next 30 days.
Source: https://t.me/usa_visa_news
