Murthy Snapshot: DOS Eases Nonimmigrant Visa Waiver Adjudication for U.S. College Graduates

On July 15, 2024, the U.S. Department of State announced updated guidance in the Foreign Affairs Manual to ease the process of obtaining a nonimmigrant waiver in certain circumstances. More specifically, this guidance applies to a foreign national who has graduated from a U.S. university, and who has a job offer in the U.S., and is now seeking a nonimmigrant waiver in order to be issued a work visa. More details on when a nonimmigrant waiver is needed, and the general process of applying, are available in the MurthyDotCom InfoArticle, Nonimmigrant Visa Waivers – Process and Criteria (05.Jun.2022).

Here are the key points you need to know about the updated guidance:

  • In determining whether to recommend the issuance of a nonimmigrant visa waiver, the DOS guidance instructs consular officers to, in general, favorably consider whether the applicant graduated from an accredited U.S. college, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the U.S. to work in a field related to the education that the applicant attained in the U.S.
  • The updated guidance instructs officers to consider this as a factor, but it is not the only factor used in determining whether to recommend the issuance of a nonimmigrant waiver. The officer is still to consider other factors, including, but not limited to, recency and seriousness of the activity or condition that caused the individual to require the nonimmigrant waiver, whether there is a pattern of misconduct, and evidence of reformation or rehabilitation.
  • The guidance further instructs that, if the officer recommends to the U.S. Customs and Border Protection (CBP) Admissibility Review Office (ARO) that the nonimmigrant waiver request be granted to an applicant who graduated from a U.S. university and who is applying for a work visa, the officer also should ask for the waiver request to be expedited.

Your Takeaway:

The new DOS guidance should make it more likely that a nonimmigrant waiver will be granted for foreign nationals who attended university in the U.S. and who are seeking waiver as part of an application for a work visa, such as an H1B or L-1. It also may make the process move more quickly, which is a welcome relief. Still, this does not guarantee that the waiver will be recommended or granted. There are a number of factors that still must be taken into consideration, so, if a nonimmigrant waiver is required, it remains important to prepare a strong waiver application prior to arriving at the consular post. Visa applicants who require assistance with this process are encouraged to schedule a consultation with a Murthy Law Firm attorney.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.