Greenspoon Marder Immigration Alert: New Developments December 28, 2021

Dec 28, 2021

U.S. Expands Interview Waiver for Key Immigration Classifications

The consular officers are now temporarily authorized, through December 31, 2022, to waive in-person interviews for certain individual petition-based non-immigrant work visas and their qualifying derivatives in the following categories: Persons in Specialty Occupations (H-1B visas), Trainee or Special Education Visitors (H-3 visas), Intracompany Transferees (L visas), Individuals with Extraordinary Ability or Achievement (O visas), Athletes, Artists, and Entertainers (P visas), and Participants in International Cultural Exchange Programs (Q visas), added U.S. State Department release. The State Department, in consultation with the Department of Homeland Security, has expanded and extended its nonimmigrant visa interview waiver program. Note that U.S. consular posts are permitted to adopt interview waiver policies at their discretion; they are not compelled to implement the new policies. U.S. consulate websites should be consulted regarding whether and to what degree a particular post is implementing an interview waiver program.

Additionally, the Secretary of State, Antony Blinken has extended consular officers’ current ability to waive the in-person interview, through December 31, 2022, for the following other categories of non-immigrant visas: Temporary Agricultural and Non-agricultural Workers (H-2 visas), Students (F and M visas), and Student Exchange Visitors (Academic J visas). The authorization to waive the in-person interview for applicants renewing a visa in the same visa class within 48 months of the prior visa’s expiration has been extended indefinitely as stated in the release.

The COVID-19 pandemic resulted in profound reductions in the Department’s visa processing capacity. As global travel rebounds, the U.S. is taking these temporary steps to further commitment to safely and efficiently reduce visa wait times while maintaining national security. We will continue to monitor the situation.

U.S. Lifting Ban on Certain Southern African Countries

The U.S. will lift restrictions on Southern African countries on December 31 now that officials better understand the threat of the omicron variant of COVID-19, the White House said Friday through White House Spokesman Kevin Munoz. This decision was recommended by the Centers for Disease Control and Prevention. President Biden is expected to lift the ban on travel from eight Southern African countries effective 12:01 am ET on December 31, 2021. Individuals traveling from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe after the ban is lifted will remain subject to U.S. COVID-19 vaccination and testing requirements.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any questions or concerns. Click here to stay updated on our weekly alerts.

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Greenspoon Marder Immigration Alert: New Developments December 28, 2021

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