Monday, April 4, 2011

FOREIGN AFFAIRS MANUAL UPDATED

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.

4 comments:

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

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  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!

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

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  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.

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