The Current State of Nonimmigrant and Immigrant Visa Processing
During the past year, U.S. Government policies that impact consular processing and visa issuance have frequently changed based upon unpredictable shifts in the COVID-19 global pandemic and the arrival of variant virus strains. Moreover, the Trump Administration enacted and extended many executive orders and policies at the end of its term that are being lifted by the Biden administration with a piecemeal approach. All of this has understandably caused confusion for many individuals that are seeking to enter the United States in either immigrant or nonimmigrant status.
First, the good news: as of March 31, 2021, there is no blanket Presidential ban on nonimmigrant or immigrant visas in place. However, operations at the U.S. Embassies and Consulates worldwide have not yet returned to normal. As explained below, the U.S. consulates are still adhering to valid region-based COVID-19 bans, and the consulates are grappling with backlogs caused by the long pause in most consular operations.
On April 6, 2021, the Department of State announced that U.S. embassies and consulates that process nonimmigrant visa applications “are prioritizing travelers with urgent needs, foreign diplomats, mission-critical categories of travelers (such as those coming to assist with the U.S. response to the COVID-19 pandemic, and workers who are essential to the American food supply), followed by students, exchange visitors, and some temporary employment visas.” The DOS further stated that the COVID-19 pandemic “has created a significant backlog of both immigrant and nonimmigrant visa applicants awaiting a visa interview.”
Additionally, there are regional travel bans still in place. These bans may impact foreign nationals if they have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days before they attempt to enter the U.S. Although these restrictions are still in place, the Biden Administration has provided more exceptions to the ban recently. As of April 8, 2021, Applicants for immigrant visas and fiancé(e) visas (K visas) are exempt from the regional travel bans. Exemptions will also be provided to certain exchange visitors, including au pairs, interns, trainees and teachers who meet certain criteria.
Anyone traveling to the U.S. by air must provide documentation of a negative viral COVID-19 test taken within three days of travel (or evidence of recovery from a recent COVID-19 infection).
Please let us know if you have any questions about current consular processing.
