Business Immigration Insights

President Trump’s decision to suspend visa services at the U.S. Embassy in Colombia on Sunday, January 26^th as part of an effective effort to pressure the government of Colombia to agree to accept flights of Colombian citizens being deported from the United States, makes it more likely that the same tactic will be used with other countries who fail to comply with U.S. immigration directives and policies. 

The Department of State has revised its guidelines instructing consular officers with a new standard to apply in determining whether the United States has a public interest in granting waiver relief to certain nonimmigrant visa applicants.

On December 21, the Department of State announced changes to the power consular officers have to waive personal visa interviews for nonimmigrant visa (NIV) applicants. Under the new guidelines, will remain in place indefinitely, consular officers are now authorized to waive personal visa interviews for

• First-time applications: H-2 temporary agricultural and non-agricultural workers;
• Other applications – applicants with a previously approved visa: NIV applicants applying in any other NIV category who were previously issued a nonimmigrant visa in any classification if the applicant is applying within 48 months of their most recent nonimmigrant visa’s expiration date may have their interview waived at the discretion of the consular officer, unless the only prior visa was a B visitor/business visa. 

As we previously reported, President Biden is rescinding the international travel restrictions that have drastically hindered US business and tourist travel for almost 2 years.  Beginning at 12:01 a.m. Eastern Time on Monday, November 8, 2021, travelers will no longer need a valid National Interest Exception if they have been in China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa, or India within the past 14 days.  Instead, they – and all air travelers to the US, with some very limited exceptions – will have to prove they are “fully vaccinated” before boarding a US-bound flight.