State Department, June 18, 2024
“On June 18, 2024, the Biden-Harris Administration introduced actions to extra effectively facilitate employment-based nonimmigrant visas for many who have graduated from school in the USA and have a job supply.
This initiative will permit sure people to extra rapidly obtain nonimmigrant work visas if they’re deemed eligible.
As a part of this initiative, the Division will make clear current steering to consular officers associated to when they need to contemplate recommending that DHS grant a waiver of ineligibility, the place relevant.
Q: What is going to these course of clarifications imply for present NIV ineligibility waiver processing steps?
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These clarifications will describe when consular officers ought to contemplate recommending that the Division of Homeland Safety waive ineligibility for these candidates on an expedited foundation, together with visa purposes abroad. Nonetheless, the processing steps will stay the identical.
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Waiver requests are adjudicated by the Division of Homeland Safety, U.S. Customs and Border Safety’s Admissibility Evaluate Workplace.
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For added data associated to visa ineligibility waivers, please go to our web site: Ineligibilities and Waivers: Laws (state.gov).
Q: How can a person apply for a petition-based nonimmigrant work visa?
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People might apply for a nonimmigrant visa after USCIS has permitted the petition. There are a number of steps within the visa software course of. The order of those steps and the way candidates full them might range on the U.S. embassy or consulate the place they apply. Please go to the embassy or consulate website for directions on the way to apply.
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People might want to full the On-line Nonimmigrant Visa Utility, Type DS-160 and schedule an appointment for his or her visa interview at any U.S. Embassy or Consulate.
Q: If an applicant wants a visa ineligibility waiver, how can they request one as a part of an ordinary interview?
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Candidates who’re denied a visa will usually be notified by the consular officer of the idea for the ineligibility, and whether or not they’re eligible for a waiver of their ineligibility.
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If an applicant is ineligible for a visa primarily based on sure grounds of inadmissibility in Part 212(a) of the Immigration and Nationality Act, they could be eligible for a waiver.
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Waiver requests are adjudicated by the Division of Homeland Safety, U.S. Customs and Border Safety’s Admissibility Evaluate Workplace, primarily based on a advice from the Division of State.
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For added data associated to visa ineligibility waivers, please go to our web site: Ineligibilities and Waivers: Laws (state.gov)
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For questions associated to waiver approvals, we refer you to the Division of Homeland Safety.
Q: How lengthy are present interview appointment wait occasions for employment-based nonimmigrant visas at abroad posts?
Please go to our web site to verify the present interview appointment wait occasions for employment-based visas at our abroad posts: U.S. Visas (state.gov)
Q: How will forthcoming edits to the Overseas Affairs Handbook (FAM) make clear current steering to consular officers?
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Upcoming FAM updates will make clear when consular officers ought to suggest that DHS grant a waiver of the applicant’s ineligibility, in step with the waiver course of that’s already out there below current legislation to people in search of nonimmigrant visas, and in step with Division laws that describe the varieties of instances through which consular officers ought to contemplate recommending a waiver of ineligibility. It’s not conferring any new advantages and isn’t restricted to DACA recipients.
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These updates may even encourage consular officers to contemplate recommending expedited assessment of waiver requests together with sure nonimmigrant visa purposes abroad, in step with current Division laws and steering.
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This may end in sure people to doubtlessly extra rapidly obtain work visas if DHS approves a waiver of ineligibility.
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Whereas leaving the USA to use for a visa is just not with out dangers, this coverage will make clear when consular officers ought to contemplate recommending waivers, in order that people and employers could make knowledgeable choices and streamline the method in order that those that qualify can get to work rapidly.
Q: When will the steering be issued?
