Consular Visa Processes

U.S. State Department Issues New Public Charge Guidance for Visa Applicants

According to media reports, the U.S. Department of State (DOS) issued new public charge guidance to U.S. embassies and consulates worldwide on or about November 6, 2025. This guidance applies to visa applications processed outside the United States, including immigrant visas and nonimmigrant visas such as H-1B and L-1, among others. These reported DOS directives do not change the Department of Homeland Security’s (DHS) public charge policy for applicants inside the United States, though DHS published rulemaking on November 19, 2025 that proposes to rescind the 2022 public charge regulations.

Under long-standing DOS policy, consular officers assess whether an applicant is likely to become primarily dependent on the U.S. government for subsistence. This includes reviewing the applicant’s age, health, family status, financial resources, education, and skills, along with the affidavit of support (when required). These factors must be weighed based on the totality of the circumstances, not speculation.

According to reports, the DOS cable directs an expanded approach to reviewing public charge factors including age, likelihood of future reliance on benefits, and a wide range of chronic medical conditions. It encourages review of conditions that would ordinarily not be disqualifying under the ordinary medical grounds such as obesity, sleep apnea, asthma, and high blood pressure due to potential long-term medical costs, and requires officers to assess whether applicants can pay for medical care without government assistance. The cable also covers factors such as employability, insurance coverage, and English language proficiency. 

Notably, applicants for immigrant visas (green cards) undergo medical examinations by embassy-approved physicians. Most nonimmigrant visa applicants do not complete medical exams. The reported guidance introduces new, broader health-related considerations for both groups, raising questions of the potential for inconsistent or subjective decision-making.

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

, , , , , ,

Presidential Proclamation Imposes $100,000 Fee on Certain H1B Entries

, , , , , ,

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case.

UPDATE 09/24/2025

Since President Trump released his proclamation on Friday, September 19, 2025, imposing a $100,000 fee on certain H1B entries, several government agencies have released information aimed at clarifying the proclamation’s reach. In prior updates (below) we drew attention to USCIS’ memorandum, CBP’s memorandum, and the White House Press Secretary’s statement on x.com. Since then, several more documents have been released:

USCIS, “H-1B FAQ,” September 21, 2025
Department of State, “H-1B FAQ,” September 21, 2025

These documents are identical in content. They state that:

  • The payment is required for “any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. … The fee is a one-time fee on submission of a new H-1B petition.”

  • The payment is NOT required for

    • Previously issued H-1B visas

    • Petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.

    • “[A]ny H-1B renewals.”  Further guidance is needed on what the agencies mean by “renewals.”

  • The proclamation “Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.”

Department of State (“DOS”), “Restriction on Entry of Certain Nonimmigrant Workers,” September 21, 2025

  • States that the proclamation’s “restrictions on visa issuance and entry apply only to [applicants] seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time.” The guidance does not state which type of petitions are affected.

  • Confirms that no visas have been revoked pursuant to the Proclamation.

  • States that all exceptions to the Proclamation “will be determined by the Department of Homeland Security” (DHS), suggesting that DOS will defer to DHS to enforce the fee.

(The White House also released “Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers” on September 21, 2025, which we did not link to before. We include it here for completeness’ sake, though it did not provide clarifications on the proclamation’s reach.)

Many questions remain and we await further guidance from the agencies. The only thing that seems certain is that the international travel of current H1B visa holders (i.e., those with a valid unexpired H1B visa printed in their passport) should not be affected by the proclamation and the new fee.

Further clarification is needed regarding USCIS-filed H1B petitions for extensions of stay, amendments of stay, and changes of employer, and cap-exempt H1B petitions, that are filed after September 19, 2025. The guidance seems to be pointing to the new policy affecting only those petitions submitted in the 2026 H1B lottery; however, until we have clarifying guidance or real-time experience, we do not know for sure.  

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025


**********
**********

UPDATE 09/21/2025

On September 20, 2025, White House Press Secretary Karoline Leavitt posted the following on x.com regarding the new $100,000 fee in President Trump’s September 19 proclamation:

1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.

2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.

3.) This applies only to new visas, not renewals, and not current visa holders.

It will first apply in the next upcoming lottery cycle.

Assuming this announcement is followed by responsible government agencies, this is good news for current H1B visa holders and their employers. Their international travel should not be affected by the proclamation and the new fee.

Litigation may affect the proclamation’s effect on the upcoming H1B lottery in 2026. We will post here as further updates become available.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025


**********
**********

UPDATE 09/20/2025

On September 20, 2025, U.S. Customs & Border Protection (CBP) posted a memorandum on x.com making certain clarifications to President Trump’s proclamation of September 19. The memorandum states (CBP’s emphasis):

This Proclamation only applies prospectively to petitions that have not yet been filed. It does not impact aliens who are the beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or aliens in possession of validly issued H­1B non-immigrant visas. United States Citizenship and Immigration Services and the Department of State have been instructed to begin implementing the new monetary requirement for employers submitting petitions on behalf of aliens outside the United States for new H-1B petitions only. The Proclamation does not impact the ability of any current visa holders to travel to or from the United States. CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.

On September 20, 2025, U.S. Citizenship & Immigration Services issued a memorandum also making certain clarifications to President Trump’s proclamation of September 19. The memorandum states (USCIS’ emphasis):

This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025.  

This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.

Both memoranda appear to confirm that current H1B visa holders may travel internationally without becoming subject to the proclamation’s $100,000 fee, which is a critical omission from the proclamation’s text. CBP, which inspects applicants for admission at the border, says the proclamation only applies prospectively to petitions that have not yet been filed; does not impact beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or beneficiaries in possession of validly issued H­1B non-immigrant visas; and does not impact the ability of any current visa holders to travel to or from the United States.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025


**********
**********

ORIGINAL POST 09/19/2025

On September 19, 2025, President Trump signed a proclamation restricting the entry of H1B nonimmigrant workers unless their petitions are accompanied by a new $100,000 payment. This dramatic policy shift has generated immediate concern among employers, foreign workers, and the broader business community.

Below, we break down the key points of the proclamation and its immediate impact. We believe the effect of this proclamation is limited to new petitions filed after its effective date, September 21, 2025 at 12:01am Eastern Time. However, we anticipate that government agencies will issue implementation details in the coming weeks.

Key Takeaways from the Proclamation

  • Applies to H1B workers outside the U.S. The new restriction appears to apply only to H-1B workers outside the United States who seek to enter on or after September 21, 2025. Guidance from U.S. Customs & Border Protection is presumably forthcoming.

  • Temporary in scope: The restriction is set to expire after 12 months (unless extended).

  • Exceptions available: The Department of Homeland Security (DHS) may waive the requirement for individual foreign workers, foreign workers employed by particular companies, and foreign workers in particular industries where it is deemed to be in the national interest. It is unclear how DHS will administer these exceptions.

  • Other petitions: H1B petitions for extensions, amendments, and changes of employer appear to be unaffected. However, we are awaiting guidance from the DHS and U.S. Citizenship & Immigration Services.

What This Means for Employers

  • Current H-1B workers in the U.S. do not seem directly affected. Employers can continue filing extensions and amendments under existing rules unless and until clarification is received from DHS.

  • New hires abroad are impacted. Unless the $100,000 payment has accompanied an H1B petition for a foreign national outside the U.S.—or an exception applies—entry will be blocked.

  • Legal challenges are likely. Similar measures in past administrations have been delayed or struck down in court, meaning implementation may not proceed as quickly or broadly as announced.

Until further information and guidance is received from the government, it is recommended that H1B workers currently present in the United States refrain from international travel.

The proclamation also directs the Department of Labor (DOL) and DHS to begin rulemaking to (1) raise prevailing wage levels and (2) prioritize high-wage, high-skill H1B cases. We will provide more information on this as it becomes available.

Bottom Line

While the headline number is striking, the most important point is that this proclamation does not seem to apply to H1B workers already in the U.S. and may face significant legal challenges before it is implemented.

We are closely tracking developments and will provide timely updates as the situation unfolds.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025

, ,

Update on Visa Interview Waivers

, ,

On July 25, 2025, the Department of State (DOS) announced an updated visa interview waiver policy, which will take effect on September 2, 2025.

Previously, visa interviews could be waived for applicants who previously held most types of visas in the same category that expired less than 12 months prior to the new application, as well as for children under 14 or adults over age 79.

Now, visa interview waivers are only available for B-1/B-2 visa renewals (and certain diplomatic visas) within 12 months of the prior visa’s expiration. Additional applicant criteria include:

  • Application is in their country of nationality or residence (physical presence is required).

  • Applicant has never been refused a visa (unless such refusal was overcome or waived).

  • Applicant has no apparent or potential ineligibility.

In addition, interviews for children under 14 or adults over the age of 79 must be conducted in person.

This further restricted policy will certain cause visa appointment wait times to rise, as nearly all visa applicants must be interviewed in person by a consular officer before visa issuance.

 Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

, ,

Update on Visa Interview Waivers

, ,

On February 18, 2025, the Department of State (DOS) announced an updated visa interview waiver policy, which took effect sometime in the last week. 

Previously, visa interviews were waived for nonimmigrant visa applicants applying for any nonimmigrant visa classification who were previously issued a nonimmigrant visa in any classification (other than B) and were applying within 48 months of their most recent nonimmigrant visa’s expiration date.

Now, other than certain diplomatic visas, visa interviews may only be waived for applicants who previously held a visa in the same category that expired less than 12 months prior to the new application.

 Additional applicant criteria include:

  • Application is in their country of nationality or residence (physical presence is required).

  • Applicant has never been refused a visa (unless such refusal was overcome or waived).

  • Applicant has no apparent or potential ineligibility.

Even if an interview is waived, applicants must complete all other application steps such as completing a DS-160, paying the visa application fee, completing the steps on the relevant Embassy or Consulate’s visa appointment service website, and couriering the relevant documents as required.  Applicants are also reminded that in-person interviews may still be required on a case-by-case basis or in light of local conditions. 

 © Jewell Stewart Pratt Beckerson & Carr PC 2025

, , ,

Update on Visa Interview Waivers

, , ,

On December 21, 2023, the Department of State (DOS) announced an updated visa interview waiver policy, which took effect on January 1, 2024.  The policy both expands and limits the policy that was in place for 2023 and is in place until further notice. 

Under the updated policy, visa interviews may now be waived for nonimmigrant visa applicants applying for any nonimmigrant visa classification who:

    • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and

    • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date (including renewing a nonimmigrant visa in the same classification).

Note that the interview waiver policy now covers all nonimmigrant visas, vs. certain petition-based categories.  However, note that for applicants whose only prior visa was a B-1, or for first time visa applicants who are citizens of Visa Waiver Program countries, interview waiver is no longer available.   

 Additional applicant criteria include:

  • Application is in their country of nationality or residence (physical presence is required).

  • Applicant has never been refused a visa (unless such refusal was overcome or waived).

  • Applicant has no apparent or potential ineligibility.

Even if an interview is waived, applicants must complete all other application steps such as completing a DS-160, paying the visa application fee, completing the steps on the relevant Embassy or Consulate’s visa appointment service website, and couriering the relevant documents as required.  Applicants are also reminded that in-person interviews may still be required on a case-by-case basis or in light of local conditions. 

 © Jewell Stewart & Pratt PC 2024

, , ,

President Biden Issues Proclamation Revoking Immigrant Visa Ban

, , ,

Last updated: 02/25/2021

On February 24, 2021, President Biden issued a President Proclamation revoking Proclamation 10014, known as the Immigrant Visa Ban or “IV Ban”. The IV Ban prevented the issuance of U.S. permanent residence (green card) visas by U.S. Embassies and Consulates for foreign nationals outside the U.S. Today’s Proclamation states in part that the IV Ban:

“does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery.”

The Proclamation is posted here. The Department of State also issued guidance for IV applicants and visa holders (including Diversity Visa applicants/holders), available here.

Nonimmigrant visa bans (preventing temporary visa issuance by U.S. Embassies and Consulates until March 31, 2020 or revocation) and COVID travel bans remain in effect as of this writing. Permanent residence applications and visa petitions filed for foreign nationals inside the U.S. continue to be unaffected.

© Jewell Stewart & Pratt PC 2021

, , , , ,

Update on Implementation of Public Charge Rule

, , , , ,

As previously posted, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the administration’s public charge rule, which cleared a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States starting on February 24, 2020.

The new rule drastically changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.), and affects not only family-based but also employment-based filings.

, , ,

Update on Expansion of Travel Ban 3.0

, , ,

On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.   

, , , , ,

Update on DHS and DOS Public Charge Rule

, , , , ,

Update:

USCIS announced on January 31, 2020 that it will implement the rule changes for filings received on or after February 24, 2020. New forms are to be released the week of February 3, 2020.

Original post:

As discussed in a prior post, the administration’s “public charge” rule changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.). While litigation has delayed the implementation of the rule, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the rule, which clears a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States, except for Illinois, which has a statewide injunction that remains in place.

, , ,

Presidential Proclamation on Health Insurance for New Immigrants

, , ,

Update: This Presidential Proclamation is the subject of litigation. As of Saturday, November 2, 2019, there is a nationwide temporary restraining order against the enforcement of the Proclamation.

Original post:

On Friday, October 4, 2019, President Trump issued a Presidential Proclamation entitled Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, which imposes a health care insurance requirement on new immigrants. Specifically, it requires applicants for immigrant visas to show the ability to purchase unsubsidized commercial health insurance within 30 days of U.S. entry.

, , ,

DHS Publishes Final Rule Expanding Public Charge Ground of Inadmissibility

, , ,

Update: This regulation is the subject of litigation. As of Friday October 11, 2019, there is a nationwide injunction against the enforcement of this rule by DHS. The Department of State (“DOS”) version of the rule, however, went into effect on October 15, 2019, but as of October 15, 2019, the DOS has not yet implemented that rule.

Original post:

Effective October 15, 2019, unless halted by litigation, the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.) will drastically change.

, , , , , ,

Forms DS-160 and DS-260 now require disclosure of social media accounts

, , , , , ,

On May 30, 2019, the U.S. Department of State added required questions about social media accounts or identifiers to the online nonimmigrant and immigrant visa application forms, the DS-160 and DS-260.  This means that anyone applying for a U.S. nonimmigrant visa (a temporary visa) or a U.S. immigrant visa (permanent residence, a green card) must disclose all social media accounts used in the last five years. Social media presumably will be reviewed by U.S. Consular personnel in the course of visa adjudications.

,

DHS Announces Visa Sanctions on Four Countries

,

The Department of Homeland Security (DHS) announced on September 13, 2017 that visa sanctions would be imposed on Cambodia, Eritrea, Guinea, and Sierra Leone due to lack of cooperation in accepting their nationals ordered removed from the United States. Some of the specific visa sanctions announced were:

, ,

Update: State Department now using Form DS-5535, Supplemental Questions for Visa Applicants

, ,

News Release from Jewell Stewart & Pratt PC – June 5, 2017 As noted in our prior post, the Department of State recently published a Notice of request for emergency approval by the Office of Management and Budget (OMB) for its new form, Form DS-5535, Supplemental Questions for Visa Applicants. The form was designed to collect extra information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.

According to a news report from The Washington Post, Form DS-5535 was approved by the OMB and has been in use at U.S. embassies and consulates since May 25, 2017. A copy of the form is currently available on the U.S. Embassy and Consulates in Turkey website. The extra information it collects includes:

  • Countries visited over the last fifteen years
  • Email addresses used in the past five years
  • Social media handles and aliases used in the past five years

Form DS-5535 is authorized on an emergency basis through November 2017, but as The Washington Post article notes, it is expected to be authorized on a permanent basis.

© Jewell Stewart & Pratt PC 2017

, ,

Department of State plans to heighten screening and vetting of visa applicants: Update

, ,

As noted in our prior blog post, a Department of State cable sent by Secretary Tillerson on March 17, 2017 provided immediately effective guidance to all U.S. diplomatic and consular posts regarding the screening and vetting of visa applications.

On May 4, 2017, the Department of State published a Notice of request for emergency OMB approval and public comment on a new Form DS-5535, Supplemental Questions for Visa Applicants. This form would collect information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.

,

State Department guidance to consular posts on heightened screening and vetting of visa applicants worldwide: "all visa decisions are national security decisions"

,

Following the issuance of Executive Order 13780 by President Trump on March 6, 2017 (banning visa issuance to nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen) and the associated presidential memo to the Secretaries of State, Justice, and Homeland Security directing their agencies to implement protocols and procedures on screening and vetting of visa applicants, Secretary of State Rex Tillerson issued a series of four cables to U.S. consular posts abroad. 

, , ,

Extraordinary visa wait times at U.S. consular posts in India

, , ,

News Release from Jewell Stewart & Pratt PC The American Immigration Lawyers Association (AILA) has reported that U.S. Consular Posts in India are experiencing extraordinary wait times for nonimmigrant visa interview appointments. The wait times for all categories other than B, F, and J are currently:

These wait times are likely to continue, if not worsen, during the summer. Indian nationals who are considering obtaining a new visa may therefore wish to defer that travel until the backlogs have subsided; or, if their travel is essential, to be prepared for long delays in the scheduling of visa interviews. AILA provides the following helpful reminders:

  • The Mission India visa appointment system allows requests for expedited appointments. First priority goes to cases with humanitarian issues. Second priority goes to business emergencies; such requests must include reasons why the need to travel is urgent, why advance planning was not possible, the impact to the business if the travel does not occur, etc.
  • Applicants for a petition-based visa must have already obtained USCIS approval of the underlying petition before requesting an interview.
  • If an Indian national has reason to travel to another jurisdiction, applying outside of India as a Third Country National may be an option. Such applications are mostly likely to be successful in petition-based cases where INA §214(b) does not apply (i.e., H-1B and L-1).

Jewell Stewart & Pratt will continue to monitor progress and will report significant developments here.

AILA members can access the original post at www.aila.org (doc. no. 16061330, dated June 13, 2016).

© Jewell Stewart & Pratt PC 2016

, ,

Implications of the Infosys settlement for B-1 visas

, ,

What can employers learn from Infosys’ recent settlement with federal prosecutors? Ultimately, the more conservatively one follows the immigration law, the more limited one’s interest may be. The government alleged that Infosys misused B-1 visitor visas – inexpensive, for short term stays, and for a narrowly-defined range of commercial activities – to bring foreign workers to the United States to perform skilled labor, for long periods of time, that should have required H-1B visas. It alleged that Infosys submitted false statements to deceive U.S. consular officials into granting B-1 visas to workers, and Customs and Border Protection officers into granting them entry to the United States. This included letters stating the purpose of travel as “meetings” when the true purpose was activities not authorized under a B-1 visa. The government also alleged that Infosys directed the workers themselves to take part in the deception. Infosys did not admit to the allegations of fraud and misfeasance, but agreed to a fine of $34 million.

,

U.S. Embassy in India announces new visa processing system

,

News Release from Jewell & Associates, PC – September 17, 2012 The U.S. Embassy in India is implementing a new visa processing system throughout the country. It will standardize procedures and simplify fee payment and appointment scheduling through a new website, www.ustraveldocs.com.

Applicants will be able to schedule appointments online or by phone. The new system will allow companies and travel agents to purchase multiple fee receipts for group travel, and it accommodates the scheduling of group and emergency appointments.

Under the new system applicants will have to make two appointments. Prior to their visa interviews, applicants will have to visit an Offsite Facilitation Center (OFC) to submit fingerprints and a photo. It is hoped that this will reduce congestion at consular facilities. Most applicants will need to visit an OFC only once.

Beginning September 26 visa applicants will be able to pay application fees by Electronic Fund Transfer, mobile phone, or in cash at a designated bank. Applicants will be able to have their questions answered by phone, email, or online chat. Call center staff will answer questions in Hindi, English, Punjabi, Gujarati, Tamil, or Telugu.

The Department of State hopes that, in conjunction with its Interview Waiver Program introduced in March, some applicants will be able to complete all visa requirements without having to visit a U.S. Embassy or Consulate.

© Jewell & Associates, PC 2012

State Department notice on visa delays at U.S. Consulates abroad

News Release from Jewell & Associates
The State Department recently posted a notice on its web site, warning applicants for nonimmigrant visas at U.S. consulates abroad to expect delays of six to eight weeks in the processing of their visa applications due to enhanced security procedures being implemented prior to the first anniversary of the September 11th terrorist attacks.  The notice appears to apply to all nonimmigrant travelers; it does not single out particular nationalities or consular posts at which delays are more likely.  We urge anyone planning to apply for a nonimmigrant visa at a U.S. consular post abroad to determine in advance what the likely delay will be, and to factor this into his or her travel plans.

For our readers’ convenience, the full text of the State Department notice, which was posted on August 23, 2001, is reproduced below:

Notice on Current Visa Processing Situation

Since the terrorist attacks of September 11, 2001, the State Department has been engaged with other U.S. government agencies in an extensive and ongoing review of visa issuing practices as they relate to the security of our borders and our nation.

Through the use of supplemental application forms and other measures, visa applications are now subject to a greater degree of scrutiny than in the past. This scrutiny means that visa applications in some instances take longer to process to conclusion than has been customary. We recognize that individual applicants may experience inconvenience and hardship if their application takes longer to process than they expected. We are doing everything possible to meet the legitimate needs of prospective travelers consistent with the priority we must attach to our security and legal responsibilities.

While our consular officers strive to offer visa applicants as expeditious service as possible, their primary responsibility is to carry out U.S. law and to ensure that applicants to whom they issue visas will not pose a threat to the safety and security of the United States and its inhabitants. This is a serious responsibility that must take precedence over other considerations pertaining to a visa application.

We realize that these necessary security measures may affect the travel plans of visa applicants, especially individuals intending to enroll in or continue college and university studies in the United States. We will make every attempt to meet the legitimate needs of prospective travelers to the United States, consistent with the priority of our security and legal responsibilities. We recommend that individuals build in ample time before their planned travel date when seeking to obtain a visa.

Special security screening procedures affect a limited number of prospective travelers. Our goal is to have assured security within a system that is responsive to everyone wishing to visit the United States. However, delays in processing of visas will continue to occur as the Department of State, working with other agencies, brings new information systems on line. Responding to the attacks of September 11, 2001, Congress ordered that security inadequacies be identified and addressed.  By legislative instruction, some of this work was specifically to be accomplished by the first anniversary of the attacks. That work is in course now in accordance with those instructions.

The time needed for adjudication of individual cases will continue to be difficult to predict, as necessary new procedures are refined. Visa applicants affected by these procedures are informed of the need for additional screening at the time of application and should expect substantial delays of six to eight weeks or more before a visa can be issued.

We trust that affected applicants will understand that this waiting period is necessary as we strive to make every effort to ensure the safety and security of the United States for all who are here, including foreign visitors.

© Jewell & Associates 2002