Visas for the US

[randy w]

U.S. Department of State: Consular Affairs on Facebook

Last edited September 1

U.S. Visas FAQs (August 31, 2020)

U.S. Visas FAQs (August 31, 2020)

Q: When will the U.S. embassy/consulate nearest to me resume normal visa processing?


A: U.S. embassies and consulates will resume routine visa services as local conditions and resources allow. Please monitor their websites for detailed information on what services are currently available at that location.


Q: I heard the embassy/consulate is waiting for Washington to tell them to open. Does that mean you know when they will open?


A: We work closely with our embassies and consulates to evaluate local conditions. Their websites are the best source of information on what services are currently available.


Q: I already have a valid visa/ESTA. Can I travel to the United States?


A: Generally, foreign nationals who have a valid travel document (U.S. visa, ESTA, etc.) may travel to a U.S. port of entry. However, entry restrictions may apply. Please see Presidential Proclamations for details on current entry restrictions: https://travel.state.gov/content/travel ... virus.html


Q: I want to renew my nonimmigrant visa that expired more than 12 months ago. Do I need to interview?


A: Please monitor the website of your nearest U.S. embassy or consulate for information on what visa services they are able to provide without interview and, if qualified, how to submit your application remotely. Secretary Pompeo has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification from 12 months to 24 months: https://travel.state.gov/content/travel ... ility.html


Q: How are embassies/consulates prioritizing visa applications as they resume routine services?


A: The volume and type of visa cases each post will process will depend on local circumstances. Please see the Embassy websites for details.


Q: Do the various Presidential Proclamations/travel restrictions still apply, or are those lifting with the resumption of visa services?


A: The five geographical COVID-19 Proclamations (P.P. 9984, 9992, 9993, 9996, 10041) and the two COVID-19 Labor Market Proclamations suspending the entry of certain aliens (P.P. 10014 and 10052) remain in effect until terminated by the President.


Q: Where do I go to find information about self-isolation and travel restrictions once I am in the United States?


A: Please refer to the local authorities in your destination(s) for this information.


Q: When will embassies/consulates resume K1 visa processing?


A: U.S. missions are prioritizing K applications and will resume K visa processing as soon as local conditions and resources allow. Applicants should check the nearest U.S. embassy/consulate’s website for updates on what services that post is currently able to offer.


Q: Are K1 visa holders subject to entry restrictions in the Presidential Proclamations?


A: K1 visa holders are subject to the restrictions on entry for foreign nationals who have been in countries listed here within the past 14 days, unless eligible for a National Interest Exception: https://www.cdc.gov/coronavirus/2019-nc ... tries.html


Q: If my I-129F petition has expired, do I need to file a new one before I have a K visa interview?


A: The I-129F Petition for Alien Fiancé(e) is valid for four months; however, consular officers may revalidate the I-129F petition in four month increments once processing of K visa applications resumes. For most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions it will not be necessary to file a new I-129F petition.


Q: When will you resume processing immediate family member immigrant visas?


A: United States citizen spouses (IR/CR 1) and children under 21 (IR/CR2, IR/IH3 and IR/IH4) applications are considered the highest priority immigrant visa applications as our missions resume visa processing according to local conditions and resources. United States citizen spouses and children under 21 are not subject to Presidential Proclamation 10014 nor are they subject to the Presidential Proclamations based on physical presence in certain foreign areas.


Q: When will you resume student visa processing?


A: Student visas are a high priority, and we will make every effort to assist student applicants in a timely fashion, while keeping our staff and customers safe. We are unable to provide a date for when each mission will resume specific visa services. See your U.S. embassy’s website for information on which services it is currently offering.


Q: Do I qualify for a visa appointment if I am a student and my classes start soon?


A: Student applicants who need to travel immediately should follow the guidance provided on their nearest embassy or consulate’s website regarding their ability to process routine student applications.


Q: I already have an approved (H1B, H2B, J, or L) petition and I am waiting for my visa interview. When can I schedule an interview?


A: Per Presidential Proclamation 10052, suspension of entry applies to any alien who does not have a nonimmigrant visa that was valid on June 24, 2020. Those subject to the Proclamation’s restrictions are not eligible to enter the United States unless they also meet one of the exception criteria.


https://travel.state.gov/content/travel ... overy.html


Q: I am in the United States on a valid H1B, H2B, L, or J visa but my visa will expire before December 31, 2020. Will I be able to renew my visa?


A: An H1B, H2B, L, or J visa holder who was physically present in the United States on June 24, 2020 is not subject to Presidential Proclamation 10052. Should they need to depart the United States and apply for a new visa, that Proclamation will not prevent issuance of a new visa if they are otherwise eligible (note: Presidential Proclamations based on physical presence in certain foreign areas may still apply). An H1B, H2B, L, or J visa holder who was outside of the United States on June 24, 2020 may continue to travel during the validity of that visa.


Q: I am already in the United States on a valid H1B, H2B, J, or L visa, and my visa will expire after December 31, 2020. Can I renew my visa when it expires?


A: Presidential Proclamation 10052 expires on December 31, 2020, but may be extended. Should the Proclamation expire on December 31, 2020, this will not prevent issuance of a new visa if the applicant is otherwise eligible after December 31, 2020.


Q: I am in the United States in status, but my H1B, H2B, J or L visa had already expired prior to June 24, 2020. Can I renew my visa?


A: An H1B, H2B, L, or J visa holder who was physically present in the United States on June 24, 2020 is not subject to the Proclamation. Should they need to depart the United States and apply for a new visa, the Proclamation will not prevent issuance of a new visa if they are otherwise eligible.


Q: I am a DV-2020 selectee, but was not able to have my visa interview due to COVID-19. Will I be able to schedule a visa interview?


A: Restrictions in Presidential Proclamation 10014 and Presidential Proclamations based on physical presence in certain foreign areas apply to Diversity Visa applicants, with certain exceptions. DV-2020 visas must be issued by September 30, 2020 by law. Proclamation 10014 will expire on December 31, 2020, unless extended by the President.


Q: I am a DV-2021 selectee. When will I be able to schedule my visa interview?


A: Restrictions in Presidential Proclamation 10014 and the five regional Proclamations apply to Diversity Visa applicants, with certain exceptions. DV-2021 visas must be issued by September 30, 2021. Proclamation 10014 will expire on December 31, 2020, unless extended by the President.


Q: Will DV-2022 proceed as usual in October 2020?


A: We do plan to continue with the DV-2022 Program but have not yet announced dates for DV-2022 Entry. Updates will be posted to www.dvprogram.state.gov and/or travel.state.gov/visas.

[randy w]

from the WSJ, dated Oct. 28

Trump Administration Proposes Eliminating H-1B Visa Lottery

The administration has long argued that the visa program artificially depresses wages by allowing employers to hire foreign workers at lower salaries. Awarding visas to foreign professionals who would earn the highest salaries in their fields would create upward pressure on the market overall, according to administration officials.

“The current use of random selection to allocate H-1B visas makes it harder for businesses to plan their hiring, fails to leverage the H-1B program to truly compete for the world’s best and brightest, and hurts American workers by bringing in relatively lower-paid foreign labor at the expense of the American workforce,” said Acting DHS Deputy Secretary Ken Cuccinelli.

The proposed change was criticized by business groups and other immigration advocates.

“This proposal will significantly disrupt the operations of many businesses by denying them access to the talent they need to grow and create jobs,” said Jon Baselice, executive director of immigration policy at the U.S. Chamber of Commerce.

Under the proposal, visas would be awarded to applicants at the highest wage level of their given occupation within a particular geographic region. The government calculates four wage levels for each occupation in a given region, and employers are required to pay salaries at or above those levels based on their visa worker’s job experience.

That setup would almost guarantee that no applicants ranked at wage level one—roughly entry-level workers—would qualify for visas. The government awards 85,000 new H-1B visas a year, and demand has consistently outstripped supply.

DHS offered an alternative that would keep a lottery-like system but give foreign professionals at higher wage levels an increased chance of winning.

[gabrialallon]

I don't know the answer to this problem other than to repeat an observation of H-1B program: many (not most or few) of them in IT are really qualified. It takes time for them to come up to speed in both tech and language. I am seeing some who lost their previous visa status and to keep a job here took up lower paying jobs in recruiting or consulting admin. The language skill then becomes more important and many fail to meet that qualification. I have to continually ask them to repeat.
Those I have come to know well are quite competent and good at their English. And then comes the requalification time and CIS does not renew them. So they have to go to Costa Rica (rare) or Canada (many) or elsewhere offshore.
How did this happen anyway? Corporations (Mickeysoft, Apple, Yahoo, etc.) argued they "desperately needed "highly skilled" workers from overseas and enhanced the H-B and other such programs to get foreign workers into the US. At the same time, India especially, started changing their education system to focus on IT/Engineering at the expense of arts, social science, and other non-tech fields. Even allowed open book exams. (Now there's a way to bring in educated (not experienced) people.)
Meanwhile our education system became attracted to foreign students and their mostly rich parents and brought in more foreign students to the colleges and universities than ever before. And engineering/tech was the place they matriculated to. Now with foreign students quotas being lowered, colleges are hustling, especially with COVID, the make ends meet. So they lowered the qualifications too. Most programmer/analyst positions require a HS education.
And that's where the problem stands. We need workers now more than before, and we will be forced to bring them in, at the expense of getting our own citizens educated and trained in engineering/tech.
Impasse.