Articles Posted in Interview Waivers

In this video, attorney Jacob Sapochnick discusses a new press release shared by the Department of State which provides insights on the status of visa operations worldwide during fiscal year 2023. The report highlights that from October 2022 through September 2023, DOS issued more than 10 million visas worldwide, with half of U.S. Embassies and Consulates around the world issuing more visas than ever before.

In this post, we provide a summary of the agency’s impressive achievements and visa statistics over the past fiscal year.

If you would like to know more about this topic, we invite you to watch our video.


Overview


According to the press release, the Department of State hit a near historic record, issuing more than 10.4 million nonimmigrant visas worldwide in fiscal year 2023.

Nearly 8 million visitor visas were issued for business and tourism – more than in any fiscal year since 2016.

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Wouldn’t it be nice if you could get your U.S. Visa renewed inside of the United States without having to visit a U.S. Embassy or Consulate abroad?

This may soon become a reality based on a new pilot program announced by the Department of State for certain workers renewing their visas.


Overview


Visa stamping refers to the process of renewing a U.S. visa for foreign nationals working in the United States in certain visa categories. Traditionally, foreign workers must return to their home country and visit their local U.S. Embassy or Consulate to schedule an appointment and renew their U.S. visas. However, the vast majority of U.S. Embassies and Consulates have significant visa interview backlogs which delays the visa renewal process significantly and increases the visa backlog.

To provide relief for visa renewal applicants, the State Department recently announced the launch of a new pilot program that will allow a limited number of H-1B specialty occupation workers the opportunity to renew their visas from inside the United States, effectively decreasing work interruptions and such visa stamping delays.

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Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.


Overview


Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.

Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.

For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.


Visa Renewal Steps


Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.

Step One: Make sure that you qualify for your U.S. Visa Renewal

First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.

For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.

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Welcome back to the Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick shares the most up to date information regarding the current status of U.S. visa services at U.S. Consulates and Embassies worldwide.

Many of our viewers have been asking us to provide a new update regarding visa operations in the year 2023. Here we provide a roundup of everything we know about this important topic.

Keep on watching to find out more.


Overview


As you might remember, the Department of State first suspended routine visa services at U.S. Consulates and Embassies worldwide during March of 2020 due to the COVID-19 pandemic. Slowly, but surely, Embassies and Consulates began a phased resumption of routine visa services, scheduling visa interviews according to local country conditions.

Today, Coronavirus restrictions have been lifted worldwide. Approximately 96 percent of U.S. Embassies and Consulates are interviewing visa applicants, while processing nonimmigrant visa applications at 94 percent of pre-pandemic monthly averages, and immigrant visa applications at 130 percent.

In the past 12 months (through September 30, 2022), DOS reported processing 8 million non-immigrant visas. The agency expects to soon meet or exceed pre-pandemic visa processing capacity.

The waiver of in-person visa interviews for several key visa categories has been an important part of driving down the substantial visa backlogs. For instance, DOS has been waiving in-person interviews for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration can apply for visas without an in-person interview in their country of nationality or residence.  This has dramatically reduced the wait time for an interview appointment at many Embassies and Consulates.

The State Department estimates that 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

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In this video attorney Jacob Sapochnick discusses how Google layoffs are impacting foreign workers in the United States going through the employment-based green card process known as PERM. Layoffs in Silicon Valley have been more and more common, with major tech companies like Amazon, Facebook, and Twitter abruptly ending thousands of jobs, leaving workers scrambling for alternatives.

Specifically, what happens when a foreign worker is going through the employment-based green card process with their U.S. employer and subsequently gets laid off?

In this video we discuss the different scenarios that may apply and go over the different options for laid off workers going through the green card process.

If you want to know more just keep on watching.

Did you know? PERM Labor Certification is the process used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (Green Card). The employment-based preference categories that require PERM Labor Certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file the I-140 Immigrant Petition for Alien Worker with USCIS, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL).


Overview


What are the immigration options for those whose employment has been terminated?


Unfortunately, the uncertain economic climate has led to the loss of thousands of jobs, negatively impacting foreign workers. In particular H-1B workers have been some of the most affected.

Below we discuss some of the options that may be available to nonimmigrant workers who have been terminated and wish to remain in the United States following their termination. Additionally, we discuss how some workers can preserve their I-140 petition’s priority date or even their green card process depending on the stage of employment termination.

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In this video attorney Jacob Sapochnick, brings you the latest updates regarding the rates of immigrant and non-immigrant visa approvals at U.S. Consulates and Embassies worldwide.

The latest Immigrant and Non-immigrant Visa Issuance Reports recently published by the State Department demonstrate that both immigrant and non-immigrant visa approvals are increasing significantly, nearly returning to pre-pandemic visa processing levels.

If you want to know more just keep on watching.

Did you know? Every fiscal year, the Department of State releases the Immigrant and Non-immigrant Visa Issuance Reports which include important statistics and data relating to current immigrant and non-immigrant visa backlogs at U.S. Consulates and Embassies worldwide. The data includes information regarding the number of immigrant and non-immigrant visas being issued at each Consular post worldwide, and a complete breakdown of visa issuance numbers by visa category.

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In this blog post, we provide you with the latest details regarding upcoming changes to the N-400 Application for Naturalization in the new year. USCIS recently announced that it is planning to conduct trial testing of a newly redesigned naturalization examination that seeks to update the civics component of the N-400 examination, and potentially introduce a new English-speaking element to the examination. Trial testing is expected to begin in January 2023 and last for a period of 5 months.

Want to know more? Just keep on watching.

Did you know? During your naturalization interview, you will be asked to undergo a naturalization examination which is made up of two components, an English, and civics test. During the English examination, you must demonstrate an understanding of the English language and the ability to read, write, and speak basic English. During the civics test, you will be asked to answer questions about American government and history.


Overview


As you might be aware, this year the United States Citizenship and Immigration Services (USCIS) revealed that it received the highest number of naturalization applications since fiscal year 2008. According to statistics, approximately 1,047,000 permanent residents became U.S. Citizens in 2022, with naturalization applications rebounding to pre-pandemic levels.


What are the proposed changes to the N-400 Application for Naturalization?


Starting in January 2023, USCIS will conduct trial testing to introduce a new standardized English-speaking test as part of the requirement to demonstrate an understanding of the English language.

Additionally, the trial testing will include an updated civics examination with new content and a new multiple-choice format. The reading and writing portions of the English examination will remain unchanged.

USCIS will conduct the trial testing with volunteer community-based organizations (CBOs) that work with immigrant English language learners and lawful permanent residents (LPRs) preparing for naturalization.

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In this video, we bring you the latest update from the State Department regarding the status of worldwide consular visa operations as of October 2022, including statistics and what you can expect in the coming months as it relates to visa processing.

If you are waiting for your immigrant visa to be processed at a U.S. Embassy or Consulate overseas, then this video is right for you.

Did You know? The State Department recently announced that it has reached pre-pandemic visa processing.

If you would like to know more about this important topic, just keep on watching.


Overview


The State Department recently provided a report on the status of consular visa operations and what the agency has been doing to cut down the waiting periods for immigrant and nonimmigrant visa applicants at Consulates worldwide. We provide the highlights of the report down below.

One of the major ways in which the State Department is improving visa processing times is by hiring more U.S. foreign service workers at Consulates overseas.

As you may be aware, visa backlogs at Consulates overseas piled up during the COVID-19 pandemic after the Department of State announced a worldwide suspension of routine visa services. Due to the restrictions on travel to the United States, as well as several other factors including social distancing protocols, Consulates were unable to schedule applicants for in-person visa interviews. The result was that virtually no visas were issued in the family preference categories during the temporary suspension of visa services, which caused the backlogs to increase significantly.


What is happening with visa operations now?


The State Department is almost back to pre-pandemic processing.

New initiatives like interview waivers are providing relief to Consulates and Embassies, while making available much needed interview slots for other applicants who need appointments.

The State Department estimates that approximately 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver. This is a very positive development that could very well increase in the months ahead.

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In this video, attorney Jacob Sapochnick provides a brand-new update from the U.S. Department of State, specifically for applicants who are going through the process of applying for a waiver of the in-person interview requirement, also known as the “Virtual Waiting Queue.” If you would like to know what this is all about and how the Virtual Waiting Queue can help you just keep on watching.

Did You Know? Under the law, all nonimmigrant visa applicants must be interviewed by an officer unless the interview is specifically waived by the U.S. Department of State. Decisions to waive the in-person interview requirement are made on a case-by-case basis.  In normal circumstances, an interview is necessary to verify important information about the applicant to determine their eligibility for permanent residence or an immigrant visa.

During the interview, the officer verifies that the applicant understood the questions on their application and grants the applicant an opportunity to revise any answers completed incorrectly or that have changed since filing the application.


Overview


Recently, our office received information from the U.S. Embassy in London regarding this brand-new visa interview waiver procedure for non-immigrant visa applicants. From what we know, while this procedure is first being implemented in London, more Embassies and Consulates worldwide are expected to adopt the waiver procedure in the coming months. Please note that while some applicants may be eligible for interview waiver under this new program, important considerations must be made along with an experienced immigration attorney to ensure that the applicant can adequately succeed in passing the virtual interview.

Quite a few of our nonimmigrant visa clients who were eligible to have their visa interview waived, have been receiving a specific email notification from the Embassy stating that their applications have been placed in the “Virtual Waiting Queue.”

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an important new update to the USCIS Policy Manual clarifying the circumstances under which a USCIS officer may waive the in-person interview requirement for family-based conditional permanent residents filing to remove their conditions on permanent residence on Form I-751 Removal of Conditions. Conditional permanent residents are those who have received a 2-year conditional green card from USCIS and are seeking to remove those conditions to obtain the 10-year permanent resident card.

Want to know more? Just keep on watching!


Overview


As you may be aware, foreign nationals who apply for a green card based on a marriage to a U.S. Citizen that was less than 2 years old at the time of approval, receive a conditional green card valid for a 2-year period. This is done as a fraud prevention mechanism to ensure that the foreign national married the U.S. Citizen for the right reasons, and not solely to obtain an immigrant benefit. Foreign nationals who receive a 2-year conditional green card must file Form I-751 to remove their conditions, within the 90-day window before their conditional green card expires.

To ensure that the foreign national has a bona fide marriage, USCIS requires the conditional green card holder to appear for an in-person interview so that the officer has the opportunity to evaluate whether the marriage was entered on a genuine basis, and not to circumvent U.S. immigration laws.

The policy manual now clarifies that USCIS officers have the discretionary power to waive the in-person interview requirement for I-751 Removal of Conditions applicants, under certain circumstances.

According to the new guidance, USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require the in-person interview to take place.

In practice this means that the conditional permanent resident must have provided sufficient documentary evidence to establish their eligibility for removal of conditions, including proof of cohabitation, joint ownership and responsibility for assets and liabilities such as joint federal income tax returns and joint checking and savings accounts, photographs of the couple throughout their relationship, children born to the marriage, and any other relevant documentation. The information stated on the I-751 Removal of Conditions application must also be free of any inconsistencies when compared to information provided in the applicant’s initial green card filing. For instance, inconsistencies in residential history or inconsistencies in facts stated can lead to an interview being required. Recent criminal offenses since the filing of the initial green card can also be a reason for an in-person interview to be required.

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