Simplifying the Visa Process for U.S. College Graduates

The Biden-Harris Administration has announced new measures to make it easier for U.S. college graduates with job offers to obtain employment-based nonimmigrant visas more efficiently. This initiative aims to expedite the process for eligible candidates.

Key Points of the Initiative:

1. Faster Visa Processing: Eligible individuals can receive their nonimmigrant work visas more quickly.
2. Clearer Guidelines for Consular Officers: The Department will clarify when consular officers should recommend waivers of ineligibility to the DHS.

Q&A:

Q: What do these process clarifications mean for current ineligibility waiver processing steps?

A: The clarifications will help consular officers know when to recommend that the Department of Homeland Security (DHS) waive ineligibility for applicants as part of their visa application process. However, the basic processing steps remain unchanged. Waiver requests are reviewed by the DHS, specifically by the U.S. Customs and Border Protection’s Admissibility Review Office.

For more details on visa ineligibility waivers, visit Ineligibilities and Waivers: Laws.

Q: How can an individual apply for a petition-based nonimmigrant work visa?

A: Applicants must first have their prospective employer’s Petition for a Nonimmigrant Worker (Form I-129) approved by U.S. Citizenship and Immigration Services (USCIS). Once approved, USCIS will send a Notice of Action (Form I-797) to the employer. After this, individuals can apply for a visa through the appropriate U.S. embassy or consulate, following specific instructions provided on their websites. This includes completing the Online Nonimmigrant Visa Application (Form DS-160) and scheduling a visa interview.

Q: If an applicant needs a visa ineligibility waiver, how can they request one during the standard interview?

A: If an applicant is denied a visa, the consular officer will explain the reason and whether the applicant is eligible for a waiver. Waiver requests are reviewed by the DHS’s Admissibility Review Office based on recommendations from the Department of State.

For more information on visa ineligibility waivers, visit Ineligibilities and Waivers: Laws. For questions about waiver approvals, please contact the DHS.

Q: What are the current interview appointment wait times for employment-based nonimmigrant visas at overseas posts?

A: Interview wait times for H-1B visas are currently minimal at most overseas posts. For the latest wait times, check the U.S. Visas website.

Q: How will upcoming edits to the Foreign Affairs Manual (FAM) clarify guidance to consular officers?

A: The updates will provide clear guidelines on when consular officers should recommend waivers of ineligibility to the DHS, following existing laws and regulations. This clarification aims to speed up the process for eligible individuals. The updates will also encourage consular officers to consider expedited review of waiver requests in certain cases.

This initiative is designed to help qualified individuals receive work visas more quickly if a waiver is approved by DHS, allowing them to start their jobs sooner.

Q: When will the new guidance be issued?

A: The updated guidance for consular officers will be issued within the next 30 days.