July 07, 2023 – Weekly Immigration News Update.

USCIS Issues Guidance on Requests to Reschedule Biometric Services Appointments

USCIS has issued new policy guidance in the USCIS Policy Manual regarding procedures for requesting to reschedule biometric services appointments at Application Support Centers (ASCs). The policy, effective as of July 6, 2023, aims to clarify the process and criteria for rescheduling appointments and addresses the consequences of failing to appear for an appointment. Comments on the policy are due by August 7, 2023.

Key Policy Highlights: Requests to reschedule a biometric services appointment must be made through a myUSCIS online account or the USCIS Contact Center. Requests submitted by mail or in person at a USCIS office will not be accepted. USCIS explains how it evaluates timely requests to reschedule appointments for good cause. The policy clarifies that USCIS may consider untimely requests to reschedule appointments and provides insights into the implications of failing to appear for a scheduled appointment.

The newly released policy alert, PA-2023-19, titled “Application Support Center Reschedule Requests and Missed Appointments,” addresses the need for consistent procedures and standards in managing biometric services appointments at ASCs. Previously, USCIS lacked specific guidance on what constitutes “good cause” for rescheduling appointments, and this policy seeks to fill that gap. Additionally, it provides clarification on how benefit requests are reviewed when individuals fail to appear for their biometric services appointments. These updates aim to streamline the process, ensure fairness, and improve efficiency in managing biometric services appointments. USCIS welcomes public input and encourages stakeholders to provide comments on the policy before the deadline. It is part of USCIS’s ongoing efforts to enhance customer service and address the needs and concerns of applicants and petitioners.

Prevailing Wage Determination Processing Times(as of 5/31/2023)

PERM Processing Times (as of 5/31/2023)

How to obtain a non-immigrant visa waiver

Under the Immigration and Nationality Act (INA) Section 212(d)(3), the non-immigrant visa waiver allows for the discretionary waiver of certain grounds of inadmissibility for non-immigrants (such as H-1B, L-1, B-1 or B-2 etc.) seeking entry into the United States.

This provision grants the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) the authority to waive certain grounds of inadmissibility on a case-by-case basis, allowing individuals who would otherwise be ineligible to obtain a non-immigrant visa. The INA 212(d)(3) waiver can be used to overcome various grounds of inadmissibility, such as prior immigration violations, certain criminal offenses, and health-related grounds, among others. The waiver is typically granted based on a determination that the applicant’s entry into the United States would not pose a threat to national security or public safety and that granting the waiver would be in the national interest.

The non-immigrant visa waiver is typically sought by individuals who may have encountered difficulties in obtaining a visa due to their past actions or circumstances. It provides an opportunity for these individuals to present their case and demonstrate why they should be granted a waiver despite their inadmissibility. It is important to note that the decision to grant a non-immigrant visa waiver is discretionary, and each case is evaluated on its own merits. The applicant must provide sufficient evidence and arguments to support their request for a waiver. The waiver process involves a thorough review of the applicant’s background, including their immigration history, criminal record, and other relevant factors.

It is advisable for individuals seeking a non-immigrant visa waiver under INA 212(d)(3) to consult with an experienced immigration attorney or seek guidance from the appropriate U.S. government agency to understand the specific requirements and procedures involved in the waiver application process.