US Administration Eases Visa Process for College Graduates
The Biden administration is streamlining the employment-based nonimmigrant visa process for US college graduates, aiming to simplify and expedite their entry into the workforce.
The Biden administration is streamlining the employment-based nonimmigrant visa process for US college graduates, aiming to simplify and expedite their entry into the workforce. The changes are expected to boost the American job market by retaining highly skilled graduates within the country.
Administration’s Streamlined Visa Updates:
Amid election season, the Biden-Harris Administration announced on June 18, 2024, new measures to expedite employment-based nonimmigrant visas for US college graduates with job offers. Foreign nationals need an employment-based visa to work temporarily in the US, with petitions filed by employers. While rules for H-1B and other visas remain, the new policy will waive some eligibility requirements to speed up the process, though procedural steps stay the same.
The US Department of State will update guidelines for consular officers on recommending waivers of ineligibility to the Department of Homeland Security (DHS). This guidance, expected by July 18, will help officers advise DHS on expedited waivers. Waiver requests will be reviewed by DHS's U.S. Customs and Border Protection’s Admissibility Review Office. This initiative aims to keep skilled graduates in the US and boost the job market.
Visa Ineligibility Waiver
When a visa application is denied, consular officers typically inform the applicant of the ineligibility reasons and whether a waiver is possible. Applicants denied on certain grounds of the Immigration and Nationality Act may qualify for a waiver.
Applying for an H-1B Visa
To apply for an H-1B or other temporary worker visa, U.S. Citizenship and Immigration Services (USCIS) must first approve a Petition for a Nonimmigrant Worker (Form I-129). Once approved, USCIS issues a Notice of Action (Form I-797) to the employer.
After USCIS approval, individuals can apply for a nonimmigrant visa. The process involves several steps, which may vary by U.S. embassy or consulate. Applicants must complete the Online Nonimmigrant Visa Application (Form DS-160) and schedule a visa interview.
In fiscal year 2023, USCIS and the Department of State issued over 192,000 employment-based immigrant visas, utilizing all available visas for the second consecutive year. The number of non-immigrant visas issued during the election year remains to be seen.
