The Joe Biden administration has announced new steps to speed up employment-based nonimmigrant visas for US college graduates with job offers.
This move aims to help the US economy and keep skilled workers, which is part of efforts to make immigration processes easier and attract top talent to the US.
The administration intends to simplify current procedures to expedite the issuance of these visas to recent graduates.
The US Department of State will issue new guidelines by July 18, detailing when consular officers should recommend that the Department of Homeland Security (DHS) grant a waiver of ineligibility. These waivers are crucial for accelerating the visa process without compromising thorough checks and security.
Last month, during the election season, the administration shared its plan to speed up these visas by targeting international students who graduated from US colleges with job offers, aiming to give them visas faster if they meet the requirements.
An employment-based nonimmigrant visa lets foreign nationals come to work in the US temporarily. Usually, the employer starts the visa process by filing a petition for the worker, with the most common of these visas being the H-1B visa, among others for temporary workers.
Applicants initially denied a visa are generally informed of the reasons by the consular officer. Depending on the grounds for denial, some applicants may qualify for a waiver, allowing them another opportunity to secure their visa. The DHS and the US Customs and Border Protection’s Admissibility Review Office handle these waiver requests.
Before applying for an H-1B visa or other 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). 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.
The Biden-Harris Administration’s latest announcement represents a significant step toward making the US more attractive to skilled graduates. By streamlining visa processes and providing clear guidelines for waivers, the administration aims to retain top talent and bolster the nation’s workforce.
