Easing the Nonimmigrant Visa Process for U.S. College Graduates

On July 15, 2024, the Department of State has clarified guidance regarding waivers of inadmissibility given to consular officers based on actions announced by the Biden-Harris Administration to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer. 

The purpose of these clarifications is to explain when consular officers should consider recommending waivers of inadmissibility under INA section 212(d)(3) for these applicants on an expedited basis, in conjunction with visa applications overseas.  All other processing steps remain the same, and waiver requests are adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office. 

Individuals will still need to apply for a nonimmigrant visa after USCIS has approved the underlying immigrant visa petition (such as H-1B or other temporary work visas). There are several steps in the visa application process.  The order of these steps and how applicants complete them may vary at the U.S. embassy or consulate where they apply.  Applicants who are denied a visa will be notified by the consular officer of the relevant ground of ineligibility and whether they are eligible for a waiver of that ineligibility. Waivers are available for certain grounds of inadmissibility under Section 212(a) of the Immigration and Nationality Act.