As noted in our recent visa services operating status update, the Department of State is committed to sharing the current status of our worldwide visa operations.  As part of that effort, we would like to clarify how our embassies and consulates are prioritizing immigrant visa applications, as the Department works to reduce the backlog of such applications resulting from travel restrictions and operational constraints caused by the global COVID pandemic.

The health and safety of our personnel, U.S. citizens seeking assistance abroad, individuals seeking immigration benefits, and local populations is paramount.  Posts that process both immigrant and nonimmigrant visas are prioritizing immigrant visa applications while still providing some nonimmigrant visa services.  However, the volume and type of visa cases each post will process continues to depend on local conditions, including restrictions on movement and gathering imposed by host country governments.  In addition, consistent with U.S. government guidance on safety in the federal workplace, U.S. embassies and consulates have implemented social distancing and other safety measures, which have reduced the number of applicants consular sections are able to process in a single day.  Consular sections will resume providing all routine visa services as it is safe to do so in that particular location.

The petitioners and applicants in the immigrant visa process are more than just numbers.  We acknowledge the stress and hardships they have borne due to reduced operating capacity as a result of COVID and necessary measures taken to protect health and safety or to comply with local requirements, as well as COVID-related limitations on their travel or visa issuance.  We also recognize the importance of each immigrant visa category.  However, during the pandemic the Department has been forced to make difficult decisions regarding how our consular sections should prioritize immigrant visa applications as they operate at limited capacity and as they work through a backlog of immigrant visa cases once they resume full operating capacity.  The guiding principle on which we have based immigrant visa prioritization is that family reunification is a clear priority of the U.S. Government’s immigration policy, a priority is expressed in the Immigration and Nationality Act (INA).  Specifically, the Department’s prioritization relied on clear direction from Congress that the Department must adopt a policy of prioritizing immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.  

Consistent with those objectives, U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.  While our consular sections, where possible, are scheduling some appointments within all four priority tiers every month, the following lists the main categories of immigrant visas in priority order:

• Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government), and emergency cases as determined on a case-by-case basis.
  
• Tier Two:  Immediate relative visas; fiancé(e) visas; and returning resident visas
  
• Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
  
• Tier Four: All other immigrant visas, including employment preference and diversity visas*

* A U.S. District Court has enjoined the Department of State from applying this prioritization guidance “to DV-2021 selectees and their derivative beneficiaries.”

Many embassies and consulates continue to have a significant backlog of all categories of immigrant visas.  This prioritization plan instructs posts to maximize their limited resources to accommodate as many immediate relative and fiancé(e) cases as possible with a goal of, at a minimum, preventing the backlog from growing in these categories and hopefully reducing it. However, the prioritization plan also instructs posts to schedule and adjudicate some cases in Tier Three and Tier Four each month.  The Department recognizes that visa applicants, particularly those in Tiers Three and Four, will face continued delays.  We further acknowledge that certain programs, including the diversity visa program, operate on a fiscal year basis as required by law.  The Department values the diversity visa program and is making every effort to process as many diversity visa cases as possible, consistent with other priorities, despite the severe operational constraints and backlog resulting from the COVID pandemic.  However, as a result of COVID the number of visas issued in lower-priority preference categories or in such programs as the diversity visa program likely will not approach the statutory ceiling in Fiscal Year 2021.   

The Department recently clarified guidance on emergency cases.  Recognizing the emergence of the COVID Delta variant and the continued demand for healthcare professionals during the pandemic, U.S. embassies and consulates were instructed that they may prioritize as emergencies on a case-by-case basis the immigrant visa cases of certain healthcare professionals who will work at a facility engaged in pandemic response.  Healthcare professionals who will work at a facility engaged in pandemic response and have an approved U.S. immigrant visa petition with a current priority date for an Immediate Relative, Family Preference, or Employment-Based Preference case may review the website of their nearest U.S. embassy or consulate for procedures to request an emergency visa appointment.  If the case is being processed at the National Visa Center (NVC), the applicant may request expedited processing by emailing NVCExpedite@state.gov, including the case or receipt number on the subject line, along with at least one of the following: (1) petitioner’s name and date of birth, (2) beneficiary’s name and date of birth, and/or (3) invoice ID number.  Applicants should be prepared to show that they will be employed in the healthcare industry at a U.S. facility engaged in pandemic response.  Resource constraints and local government restrictions may limit the ability of some U.S. embassies and consulates to process emergency visas at this time. 

If you are applying for an immigrant visa, including a diversity visa, on or after November 3, 2019, you must demonstrate to the consular officer at the time of interview that you will be covered by approved health insurance within 30 days of entry into the United States or have the financial resources to pay for reasonably foreseeable medical costs.  Inability to meet this requirement will result in the denial of the visa application.

This requirement will apply to all immigrant visa applicants and individuals seeking to enter the United States on an immigrant visa, except: 

• Individuals who are holding (or who held) a valid immigrant visa as of November 3, 2019
  
• Iraqi and Afghan special immigrant visa applicants and their spouses and children  (SI and SQ visas)
  
• Applicants who are children, whether adopted, biological, and step-children, of a U.S. citizen applying in the IR-2, CR-2, IR-3, IR-4, IH-3, or IH-4 visa classifications
  
• Returning Resident SB-1 applicants
  
• Applicants for K fiancé(e) visas and other aliens entering the United States without an immigrant visa, including lawful permanent residents, refugees, and asylees.
  
• Applicants for IR-5 visas and alien seeking to enter the United States pursuant to an IR-5 visa, provided that the alien or the alien’s sponsor demonstrates to the satisfaction of the consular officer that the alien’s healthcare will not impose a substantial burden on the United States healthcare system
  
• Any alien under the age of 18, except for any alien seeking to accompany a parent who is also immigrating to the United States and subject to this proclamation
  
• Any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State or his designee based on a recommendation of the Attorney General or his designee
  
• Any alien whose entry would be in the national interest, as determined by the Secretary of State or his designee on a case-by-case basis

Qualifying Insurance or Financial Resource to Pay for Medical Costs 

If you are not covered by the exceptions above, you will need to show to a consular officer or immigration official that you will be covered by approved health insurance within 30 days of entry to the United States or that you have the financial resources to pay for reasonably foreseeable medical costs. 

Approved health insurance includes: 

• Employer-sponsored health plans, including retiree plans
  
• Unsubsidized health plans offered in the individual market within a State
  
• Short-term, limited duration health plans effective for a minimum of 364 days or until the beginning of planned, extended travel outside the United States
  
• Catastrophic plans
  
• Coverage by a family member’s health plan
  
• U.S. military health plans, including TRICARE
  
• Visitor health insurance plans with adequate medical coverage for a minimum of 364 days or until the beginning of planned, extended travel outside the United States
  
• Medical plans under the Medicare program
  
• Any other health plan with adequate coverage as determined by the Secretary of Health and Human Services

For individuals over the age of 18, approved health insurance does not include coverage under the Medicaid program. 

The requirement at the visa interview 

During the visa interview, applicants should be able to demonstrate to the satisfaction of the consular officer that they have the financial resources to pay for reasonably foreseeable medical costs or will have approved health insurance from the list above within 30 days of entry into the United States.  Officers will review the medical and financial documentation that is already part of the applicant’s case file and may request additional information or documentation as needed. Prior to the visa interview, applicants may wish to review costs and eligibility requirements for approved health insurance plans or consider how they would pay for the reasonably foreseeable medical costs of any current medical condition they may have.   

On April 23, U.S. Embassy Managua ordered the departure of U.S. government family members and authorized the departure of U.S. government personnel in Nicaragua. The change in posture follows a week of violent protests opposing changes to Nicaragua’s social security system, which has since been redacted. Ordered departure status is mandatory for the specified individuals and requires them to evacuate the location immediately. Authorized departure is elective for non-emergency personnel. Ongoing civil unrest has impacted operations at the U.S. Embassy in Managua, which reopened the Consular Section on April 25 with limited staff. Full Embassy operations are anticipated to resume April 26, with emergency services for U.S. citizens from 0900 to 1200. Ordered departure is not permanent and is reviewed regularly for indicators that it is safe for affected individuals to return, including signs that potential threats have been mitigated or security conditions have improved. At this time, it is unclear how long the ordered departure will remain in effect for Managua.

If you have a interview scheduled with the consulate, please contact our office to see if it has been rescheduled.

 

El 23 de abril, la Embajada de los Estados Unidos en Managua ordenó la salida de los familiares del gobierno de los EE. UU. Y autorizó la salida del personal del gobierno de los EE. UU. En Nicaragua. El cambio en la postura sigue a una semana de violentas protestas que se oponen a los cambios en el sistema de seguridad social de Nicaragua, que desde entonces ha sido censurado. El estado de salida ordenado es obligatorio para las personas especificadas y requiere que evacuen la ubicación de inmediato. La salida autorizada es electiva para el personal que no es de emergencia. Los disturbios civiles en curso han tenido un impacto en las operaciones en la Embajada de los EE. UU. En Managua, que reabrió la Sección Consular el 25 de abril con personal limitado. Se anticipa que las operaciones de la Embajada completa se reanudarán el 26 de abril, con servicios de emergencia para ciudadanos estadounidenses de 0900 a 1200. La salida ordenada no es permanente y se revisa regularmente para detectar indicadores de que es seguro para las personas afectadas regresar, incluyendo señales de amenazas potenciales mitigadas o las condiciones de seguridad han mejorado. En este momento, no está claro por cuánto tiempo la salida ordenada permanecerá vigente para Managua.

Si tiene una entrevista programada con el consulado, comuníquese con nuestra oficina para ver si ha sido reprogramada.

As a result of the Russian government’s personnel cap imposed on the U.S. Mission in Russia, DOS announced that the issuance of nonimmigrant visa (NIV) operations in Russia will be suspended beginning August 23, 2017. As of 9:00 am Moscow time Monday, August 21, 2017, the U.S. Mission will begin canceling current NIV appointments countrywide. Beginning September 1, 2017, NIV interviews will occur only at the U.S. Embassy in Moscow. NIV interviews at U.S. Consulates in St. Petersburg, Yekaterinburg, and Vladivostok are suspended until further notice, and applicants who have their interviews canceled should call the U.S. embassy to reschedule their NIV interview at the U.S. Embassy in Moscow for a later date.

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There has been a lot of publicity of the travel ban, but not as much discussion of the heightened screening.  Late last week the Department of State issued a cable explaining how the heightened screening would be implemented.  Below please find excerpts of the cable

…

“The Executive Order and Presidential Memorandum highlight the critical importance of maintaining extra vigilance in the conduct of our work and continuing to increase scrutiny of visa applicants for potential security and non-security related ineligibilities. Consular officers should not hesitate to refuse any case presenting security concerns under §221(g) of the Immigration and Nationality Act (INA) in order to explore all available local leads and pending the outcome of an SAO as appropriate, or issue any other refusals or take other precautionary actions pursuant to any applicable ground of inadmissibility under the INA. All officers should remember that all visa decisions are national security decisions. A consular officer should refuse under §214(b) of the INA any nonimmigrant visa applicant whom the consular officer believes may fail to abide by the requirements of the visa category in question.”

…

“In order to ensure that proper focus is given to each application, posts should generally not schedule more than 120 visa interviews per consular adjudicator/per day. Please that limiting scheduling may cause interview appointment backlogs to rise.”

Assuming a 8 hour day of interviews, that leaves the consulate officer 4 minuets per interview.  In order to complete an interview in this brief time frame, it is critical that those appearing for an interview have all of their documents together, neatly and tabbed so the officer can find them.

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