Lots of of 1000’s of international nationals with accepted immigration petitions are at present unable to acquire visas to enter the U.S. due to the unprecedented visa backlog attributable to the COVID-19 pandemic.
In years previous, non permanent international staff, traders, college students, and vacationers would safe nonimmigrant visa appointments at embassies or consulates inside weeks, if not days. Now, the earliest appointments are sometimes more than a year out. Some consular posts have even utterly suspended the adjudication of sure visa varieties, corresponding to E treaty dealer or investor visas.
Earlier than the COVID-19 pandemic, people planning to maneuver to the U.S. completely to fill labor or expertise shortages or to be reunited with their American households would have immigrant visa interviews inside two to 3 months of U.S. Citizenship and Immigration Companies approving their underlying petitions, offered their precedence dates have been present. Now they may very well be ready for up to five years primarily based on Nationwide Visa Heart (NVC) knowledge.
Final yr, fewer than half of the variety of nonimmigrant visas have been issued in comparison with earlier than the pandemic.
The immigrant visa backlog is sort of six times the normal backlog and encompasses almost half 1,000,000 documentarily certified purposes on the NVC, although consular posts are once more issuing near the identical variety of immigrant visas as earlier than the pandemic.
The visa backlog prevents people from pursuing the American Dream, impedes U.S. companies from bringing in international expertise to fill seasonal and everlasting positions, and retains households separated.
The Biden Administration and U.S. Division of State ought to act swiftly to develop and implement a complete visa backlog discount plan to reopen America’s doorways to authorized immigration.
The Origins of the Visa Backlog
Various vital obstacles to household and employment-based immigration arose in response to the COVID-19 pandemic, largely shutting down U.S. immigration.
Immigrants confronted the global suspension of visa services (March 2020 – July 2020), the immigrant visa ban (April 2020 – February 2021), the nonimmigrant visa ban (June 2020 – March 2021), geographic travel bans (January 2020 – November 2021), immigrant visa prioritization (April 2021 – November 2021), and the diminished capability of consular posts to course of visa purposes.
In 2020, immigrant visa issuances averaged 23% of pre-pandemic ranges. Nonimmigrant visa issuances dropped to 17% of pre-pandemic ranges, virtually closing off the U.S. to new non permanent staff, traders, college students, and guests.
Nonimmigrant Visa Backlog
The present nonimmigrant visa backlog is vital with less than half of the variety of non permanent visas issued final yr in comparison with earlier than the pandemic.
In 2019, a median of over 721,000 nonimmigrant visas have been issued every month. The primary yr of the pandemic, a median of fewer than 126,000 nonimmigrant visas have been issued every month. The second yr, a median of fewer than 343,000 nonimmigrant visas have been issued every month. The newest knowledge obtainable reveals that posts issued lower than 485,000 nonimmigrant visas in February 2022.
Nationwide Visa Heart Backlog
The NVC preprocesses immigrant visa purposes in the USA and forwards purposes to consular posts worldwide as interview appointments develop into obtainable.
Practically half a million people with accepted immigrant petitions are at present ready for an interview. This determine displays a 600% improve within the NVC backlog. As of April 2022, greater than 421,000 documentarily certified circumstances are pending on the NVC in comparison with a month-to-month common of about 61,000 circumstances pending interviews in 2019.
Over the previous 6 months, the backlog has been diminished by fewer than 40,000 purposes. And not using a centered and accelerated backlog discount plan, at this charge, it could take almost 5 years to return to 2019 ranges.
Immigrant Visa Backlog
Prior to now few months, posts have issued nearly the same number of immigrants visas every month as earlier than the pandemic. This growth correlates with the State Division’s non permanent coverage that prioritized immigrant over nonimmigrant visas between June and November 2021.
Earlier than the pandemic, posts issued a median of 39,000 immigrant visas every month. The primary yr of the pandemic, that quantity dropped to roughly 9,000 visas a month. In February 2022, posts issued 36,000 immigrant visas, simply in need of 2019 ranges.
Nevertheless, a return to the previous state-of-affairs won’t suffice. The State Division should implement a concrete plan that significantly surpasses the present visa processing capacities to scale back the backlog.
Visa Backlog Discount Proposals
The American Immigration Attorneys Affiliation (AILA) has put forth pragmatic options to clear the backlog. Final summer time, AILA published a policy brief and met with White House representatives to debate concrete backlog discount proposals that may alleviate the stress on places of work nonetheless coping with pandemic restrictions in lots of international locations.
Suggestions embody the growth of visa interview waiver eligibility, the resumption of stateside visa renewals, the automated extension of expired visas, elevated consular staffing, the revision of rules to permit digital visa interviews, and the adjudication of visa purposes by U.S.-based consular officers.
The State Division listened and lately expanded nonimmigrant visa interview waivers, giving consular posts discretion to waive interviews not just for renewals but in addition for people switching classifications and even first-time visa candidates, offered they meet sure necessities. However as a result of implementation is non-obligatory, many posts don’t provide waivers to their full extent or in any respect. Practitioners ought to seek the advice of a put up’s website to find out whether or not the put up gives interview waivers and the necessities, which range by put up.
Along with contemplating AILA’s proposals, the State Division ought to encourage consular posts to implement interview waiver procedures to their full extent, permitting all eligible candidates to acquire a visa with out an in-person interview.
The visa backlog requires pressing consideration. The State Division should craft a complete backlog discount plan that features elevated capability and expanded staffing, as outlined in AILA’s proposal.
By clearing the backlog, the Biden Administration can reopen the doorways to our authorized immigration system. Households will likely be reunited, and companies will once more have the chance to carry international expertise to the U.S., spurring financial exercise and creating American jobs.