The Biden-Harris Administration announced that the US government will be granting employment-based nonimmigrant visas to US college graduates with job offers, enabling them to receive these visas more quickly if eligible.

It is the election season in USA and candidates are wooing voters with more innovative and new schemes. On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently facilitate employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.

An employment-based nonimmigrant visa is required by foreigners to come to the United States lawfully to work temporarily. The petition for the employment-based nonimmigrant visa is to be filed by the employer.

However, there are specified rules for the issuance of H-1B or other temporary worker visas. To make the Biden Administration’s new announcement on faster issuance of visas to students, the existing eligibilities need to be waived off. However, the processing steps will remain the same.

The US Department of State will clarify existing guidance to consular officers related to when they should consider recommending that DHS grant a waiver of ineligibility, where applicable. An updated guidance for consular officers is expected to be issued by July 18.

These clarifications will describe when consular officers should consider recommending that the Department of Homeland Security waive ineligibility for these applicants on an expedited basis, in conjunction with visa applications overseas. Waiver requests are to be adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office.

Visa Ineligibility Waiver

Applicants who are denied a visa will generally be notified by the consular officer of the basis for the ineligibility, and whether they are eligible for a waiver of their ineligibility. If an applicant is ineligible for a visa based on certain grounds of inadmissibility of the Immigration and Nationality Act, they may be eligible for a waiver.

Process to apply for an H-1B

Before an applicant can apply for an H-1B or other temporary worker visa, U.S. Citizenship and Immigration Services (USCIS) must generally first approve a Petition for a Nonimmigrant Worker, Form I-129. Once USCIS approves the petition, it will send the prospective employer a Notice of Action, Form I-797.

Individuals may apply for a nonimmigrant visa after USCIS has approved the petition. There are several steps in the visa application process. The order of these steps and how applicants complete them may vary at the U.S. embassy or consulate where they apply. Individuals will need to complete the Online Nonimmigrant Visa Application, Form DS-160 and schedule an appointment for their visa interview at any U.S. Embassy or Consulate.

In fiscal year 2023, USCIS and the Department of State issued more than 192,000 employment-based immigrant visas, ensuring that no available visas went unused for the second consecutive year. It remains to be seen how many non-immigrant visas are issued by the US in the election year.