“On June 18, 2024, the Biden-Harris Administration introduced actions to extra effectively course of employment-based nonimmigrant visas for many who have graduated from faculty in the USA and have a job supply.
As a part of this initiative, the Division clarified current steering to consular officers associated to when they need to take into account recommending that DHS grant a waiver of ineligibility, the place relevant. 
Q: What do these course of clarifications imply for present nonimmigrant visa ineligibility waiver processing steps?
- These clarifications clarify when consular officers ought to take into account recommending that the Division of Homeland Safety waive ineligibility for these candidates on an expedited foundation, at the side of visa purposes abroad.  All processing steps stay the identical. 
- Waiver requests are adjudicated by the Division of Homeland Safety, U.S. Customs and Border Safety’s Admissibility Assessment Workplace. 
- For extra 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?
- Earlier than an applicant can apply for an H-1B or different petition-based short-term employee visa, U.S. Citizenship and Immigration Providers (USCIS) should usually first approve a Petition for a Nonimmigrant Worker, Form I-129.  For extra details about the petition course of, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS web site.  As soon as USCIS approves the petition, it would ship the potential employer a Discover of Motion, Kind I-797. 
- People might apply for a nonimmigrant visa after USCIS has accepted the petition. There are a number of steps within the visa utility course of. The order of those steps and the way candidates full them might differ 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.
- People might want to full the On-line Nonimmigrant Visa Utility, Kind 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 waiver for the visa ineligibility, how can they request one as a part of a typical interview? 
- Candidates who’re denied a visa will likely be notified by the consular officer of the related floor of ineligibility and whether or not they’re eligible for a waiver of that ineligibility. 
- Waivers can be found for sure grounds of inadmissibility underneath Part 212(a) of the Immigration and Nationality Act.
- Waiver requests are adjudicated by the Division of Homeland Safety, U.S. Customs and Border Safety’s Admissibility Assessment Workplace, primarily based on a advice from the Division of State. 
- For extra data associated to visa ineligibility waivers, please go to our web site:  Ineligibilities and Waivers: Laws (state.gov)
- 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?
- At the moment, interview wait occasions for H-1B visas are minimal at most of our 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 do these edits to the International Affairs Guide (FAM) make clear current steering to consular officers?
- The FAM updates make clear when consular officers ought to take into account recommending to DHS to grant a waiver of the applicant’s ineligibility, according to the waiver course of that’s already obtainable underneath current regulation to people looking for nonimmigrant visas and according to Division rules and coverage that describe the forms of circumstances through which consular officers ought to take into account recommending a waiver of ineligibility.  It doesn’t confer any new advantages and applies to all visa candidates.
- These updates are according to current Division rules and steering.
- It will doubtlessly lead to sure people receiving work visas extra shortly if DHS approves a waiver of ineligibility.
- Whereas leaving the USA to use for a visa isn’t with out dangers, this coverage clarifies when consular officers ought to take into account recommending waivers, in order that people and employers could make knowledgeable selections and streamline the method in order that those that qualify can get to work shortly.  
Q:  When will the steering be issued?
- Up to date steering for consular officers was issued on July 15, 2024.” [The FAM update guidance is here.]
