The Joe Biden administration has announced a series of new initiatives aimed at expediting the issuance of employment-based nonimmigrant visas for US college graduates who have secured job offers.
To achieve this objective, the administration plans to streamline existing procedures to speed up the issuance of visas to recent graduates. By July 18, the US Department of State is expected to release new guidelines detailing the conditions under which consular officers should recommend that the Department of Homeland Security (DHS) approve a waiver of ineligibility.
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Last month, during the election season, the administration unveiled its plan to prioritize international students who have graduated from US colleges and have job offers.
Employment-based nonimmigrant visas allow foreign nationals to work temporarily in the United States. The visa process typically begins with the employer filing a petition for the worker.
Among the various types of temporary worker visas, the H-1B visa is the most common. If a visa application is initially denied, the consular officer generally informs the applicant of the reasons for the denial.
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Depending on the grounds for denial, some applicants may qualify for a waiver, providing them with another chance to secure their visa.
The DHS and the US Customs and Border Protection’s Admissibility Review Office are responsible for handling waiver requests.
Before applying for an H-1B or another temporary worker visa, an employer must first receive approval for a Petition for a Nonimmigrant Worker (Form I-129) from the US Citizenship and Immigration Services (USCIS).
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Once approved, the employer receives a Notice of Action (Form I-797). The prospective employee can then proceed with their visa application, which involves completing the Online Nonimmigrant Visa Application (Form DS-160) and scheduling an interview at a US embassy or consulate.
In the fiscal year 2023, USCIS and the Department of State issued over 192,000 employment-based immigrant visas, ensuring that no visas went unused for the second consecutive year.
However, the impact of the new measures on nonimmigrant visa issuance during the election year remains to be seen.
