Monday, April 4, 2011


The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE. MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.

As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.

Updated FAM:

9 FAM 41.53 N4.1 General Licensure Requirement for H Nonimmigrant

(CT:VISA-1635; 03-31-2011)

The requirements for classification as an H-1B nonimmigrant professional

may or may not include a license because States have different rules in this

area. If a State permits aliens to enter the United States as a visitor to take

a licensing exam, then USCIS will generally require a license before they will

approve the H-1B petition. However, some States do not permit aliens to

take licensing exams until they enter the United States in H-1B status and

obtain a social security number. Therefore, a visa should not be denied

based solely on the fact that the applicant does not already hold a license to

practice in the United States.


  1. Reapply? Does that mean pay the embassy fee again or will it be waived for those who have been denied?

  2. The U.S. embassy waive a fee? Surely you jest. You go and pay it again; if you get denied and go back, you pay it again; and so on. Welcome to America!

  3. @ Schedule A - Phil S. is surely correct. A new Fee will be required.

  4. I was denied just a few moments ago. I have a US sponsor and employment here and gave proof. When asked if I have immediate relatives in the US I said I have a sister. I was asked what is her job I answered she's a nurse. The consul disregarded all of my documents and gave me a denial letter saying having a relative in the same field disqualifies me for a visa. Makes me wish i haven't said that but not saying it will be lying.