US Announces New Measures to Expedite Employment-Based Visas for Graduates

In a significant move to boost the US economy and retain skilled talent, the Biden Administration has announced new measures to expedite employment-based nonimmigrant visas for US college graduates with job offers.

This initiative is part of the administration’s ongoing efforts to streamline immigration processes and attract top talent to the United States.

Key Announcement

Last month, amidst the bustling election season, the Biden Administration unveiled its plan to accelerate the issuance of employment-based nonimmigrant visas.

This initiative targets graduates from US colleges who have secured job offers, aiming to provide them with visas more quickly, provided they meet the eligibility criteria.

Understanding Employment-Based Nonimmigrant Visas

An employment-based nonimmigrant visa allows foreign nationals to enter and work in the United States temporarily legally. Typically, the visa application process begins with the prospective employer filing a petition on behalf of the employee. The most common type of these visas is the H-1B visa, among other categories designed for temporary workers.

Also Read: Green Card Wait Times: August Visa Bulletin Offers Mixed News for Applicants

New Measures and Waivers

The administration plans to streamline existing procedures to facilitate the faster issuance of these visas to recent graduates.

The US Department of State will issue updated guidance by July 18, clarifying when consular officers should recommend that the Department of Homeland Security (DHS) grant a waiver of ineligibility. These waivers are critical for expediting the visa process without compromising on thoroughness and security.

Visa Ineligibility Waivers

Applicants who are initially denied a visa are usually informed of the reasons for their ineligibility by the consular officer. Depending on the grounds for denial, some applicants may qualify for a waiver, allowing them another chance to secure their visa.

The adjudication of these waiver requests falls under the purview of the DHS and the US Customs and Border Protection’s Admissibility Review Office.

Applying for an H-1B Visa

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.

Must Read: USCIS Delays H-1B Modernization Plan: Impact on Employers and Students

Visa Issuance Statistics

In the fiscal year 2023, USCIS and the Department of State successfully issued over 192,000 employment-based immigrant visas, ensuring that no visas went unused for the second consecutive year. The impact of the new measures on nonimmigrant visa issuance during the election year remains to be seen.

Conclusion

The Biden-Harris Administration’s latest announcement marks a significant step towards making the US a more attractive destination for 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.