Article by Jeffrey W. Goldman, John J. Gallini, Elisa T. Deener-Agus
Clients should expect significant delays in the processing and issuance of nonimmigrant visas ("NIVs") at U.S. Embassies and Consulates abroad. National security concerns in a post-September 11, 2001 world now make all NIV applications subject to a greater degree of scrutiny than in the past. Virtually all applicants will be required to personally appear for an interview at the Consulate, and many will have to endure further delays as a result of additional screening. Timeframes for processing individual NIVs are unpredictable and subject to wide variations, but in many cases it is taking in excess of four weeks.
It is essential that employers understand that foreign national employees may be stuck outside of the United States for a lengthy period if they need to first obtain a new visa prior to re-entry.
To avoid this potential nightmare scenario, there are only two alternatives available for who will require new visas. The first is to avoid overseas travel (which simply may not be feasible). The second is to seek revalidation of the nonimmigrant visa through the State Department Visa Office here in the United States, if eligible. This process is only available to persons who already have obtained an H-1B, L-1, E-1, E-2, or O-1 visa in the same classification outside the U.S. and are now seeking an extension of that visa. Note that visa revalidation is a mail-in procedure, which requires relinquishment of your passport, original approval notice and I-94 card. At present, the process is taking approximately 10-12 weeks, and thus the ability to travel internationally during this time period is precluded. With the anticipated increased reliance on visa revalidation, it is doubtful these processing times will improve short term. Accordingly, visa applicants will need to weigh the benefits of in country processing under visa revalidation to that of overseas processing.
If travel abroad is essential and a new visa is required for reentry to the United States, we recommend first contacting the Embassy or Consulate directly (also visit its Website) to determine the expected time for visa processing—and then factor it into travel plans. However, regardless of the reported processing time, always be prepared for unexpected delays as new security systems are instituted.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.