Business Immigration Insights

The Department of State has revised its guidelines instructing consular officers with a new standard to apply in determining whether the United States has a public interest in granting waiver relief to certain nonimmigrant visa applicants.

On December 21, the Department of State announced changes to the power consular officers have to waive personal visa interviews for nonimmigrant visa (NIV) applicants. Under the new guidelines, will remain in place indefinitely, consular officers are now authorized to waive personal visa interviews for

• First-time applications: H-2 temporary agricultural and non-agricultural workers;
• Other applications – applicants with a previously approved visa: NIV applicants applying in any other NIV category who were previously issued a nonimmigrant visa in any classification if the applicant is applying within 48 months of their most recent nonimmigrant visa’s expiration date may have their interview waived at the discretion of the consular officer, unless the only prior visa was a B visitor/business visa. 

As we previously reported, President Biden is rescinding the international travel restrictions that have drastically hindered US business and tourist travel for almost 2 years.  Beginning at 12:01 a.m. Eastern Time on Monday, November 8, 2021, travelers will no longer need a valid National Interest Exception if they have been in China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa, or India within the past 14 days.  Instead, they – and all air travelers to the US, with some very limited exceptions – will have to prove they are “fully vaccinated” before boarding a US-bound flight.

UPDATES as of July 1, 2020:  Please see our new piece, Entry Ban Update, for additional information that has become available about how the proclamation is being enforced for Canadians, visa renewals, and exceptions.

Reacting to the novel coronavirus that originated in Wuhan City in Central China, the Trump Administration has issued a proclamation prohibiting anyone from entering the United States who has been physically present anywhere in China within 14 days of seeking US entry.  The prohibition has no fixed end date, but is to be reviewed every 15 days by the Secretary of Health and Human Services.

The prohibition does not apply to US citizens or lawful permanent residents, their spouses, or their minor children.  If the citizen or permanent resident is a child under age 21, the prohibition does not apply to the child’s parents, guardians, or minor siblings.  It also does not apply to anyone who is traveling on a diplomatic or crewmember visa or to a handful of additional, unusual situations.

Applicants for US visitor, student, and work-related nonimmigrant visas, as well as family-based and employment-based immigrant visas (“green cards”), now have to provide information about the social media platforms used over the preceding 5-year period.  The updated visa application forms seek information about the most popular social media platforms, including Facebook, Twitter, Pinterest, and YouTube.  Applicants also have the opportunity to provide information about social media platforms not listed in the drop-down menus.  For each platform, applicants must ...

Following the arrest of a US consular employee by Turkish authorities, the United States has suspended the issuance of nonimmigrant visas at the US Embassy in Ankara and the US Consulate General in Istanbul.  This is not a travel ban on Turkish nationals, as those with nonimmigrant visas can continue to use them, and those wishing to apply for nonimmigrant visas can do so at other US consular locations outside of Turkey.  The processing of immigrant visas will continue without interruption.

In response, the government of Turkey announced the immediate suspension of visa services to US ...

The U.S. Department of State has announced that, effective August 23, 2017, U.S. consular operations in Russia – Moscow, St. Petersburg, Yekaterinburg and Vladivostok – will suspend processing of all nonimmigrant visa (NIV) applications. This action is being taken due to recent personnel reductions the Russian government has mandated for the U.S. Mission in Russia. Immigrant Visas related to permanent residence may also be impacted.

As we reported last Friday, President Trump has signed an Executive Order to temporarily restrict the admission of all refugees and persons from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  The administration’s failure to provide clear guidance to its own agencies on how to implement the order is resulting in inconsistent applications, which are unacceptable to the hundreds of thousands of individuals and U.S. businesses potentially affected by this travel ban.

A draft of President Trump’s Executive Order banning Muslims and Refugees has surfaced.  While the final Order may be different, we expect most of what is in the draft to remain.  The draft Order provides for:

• 120-day suspension and “realignment” of the refugee admissions program to determine what additional procedures are necessary to ensure the security and welfare of the United States
• Indefinite suspension of the Syrian refugee program
• 30-day suspension of visa issuance to nationals of Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen
• 30-day suspension of “other” immigration benefits for nationals of those countries