US’s Immigration News December 2021

Dec. 29, 2021

Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas Last Updated: December 23, 2021

The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services.   This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions, including that they are applying for a visa in their country of nationality or residence.  Under this authority, consular officers have discretion to waive the visa interview requirement for individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

In addition, the Secretary extended previously approved policies to waive the visa interview for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022.  Applicants eligible for the waiver authority because they are citizens or nationals of a VWP participating country must have previously traveled to the United States using an authorization obtained via ESTA to qualify.  Applicants must apply for a visa in their country of nationality or residence.  Consular officers have the discretion to waive the interview for  F, M, and academic J visa applicants who were previously issued any type of visa, who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in VWP and who have previously traveled to the United States via an ESTA authorization, provided they have no apparent ineligibility or potential ineligibility.  

The previous authority allowing for waiver of interview of certain H-2 (temporary agricultural and non-agricultural workers) applicants has also been extended through the end of 2022.  Applicants renewing any visa within 48 months of expiration are also eligible for an interview waiver.

Consular resources and local government restrictions vary widely, and each consular section is continuously reviewing its capacity to adjudicate visa applications during this worldwide pandemic and as we address global issues and competing priorities.  We encourage applicants to check the website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for applying for a visa without an interview.

Dec. 23, 2021

Important Update Re Form I-693

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

Dec. 14, 2021

Not so much luck for immigrants coming through Mexico 😔 

The US will restart the ‘Remain in Mexico’ program: The Biden administration announced a plan to restart the “Remain in Mexico” program following a court order to reimplement the policy first launched under the Trump administration. After weeks of negotiations with Mexico over how to reimplement the program, it will largely be the same as it was under the Trump administration. Asylum-seekers will be barred from entering the US and will be forced to wait in Mexico until their cases are heard in immigration court. Mexico stressed humanitarian concerns regarding the reinstatement of this program. CBP agents agreed to proactively ask migrants whether they fear returning to Mexico rather than wait for migrants to raise the issue.

Dec. 10, 2021

Essential information for those joining the homecoming trip to Ethiopia ❤️🇪🇹 ✌️

US’s Immigration News dec 2021

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