On July 15, 2024, the U.S. Department of State (“DOS”) announced updates to more efficiently process employment-based nonimmigrant waivers for certain foreign nationals. In an effort to ease the process of obtaining a waiver of a ground of inadmissibility for foreign nationals who have graduated from colleges and universities in the US, have a job offer, and are applying for employment-based nonimmigrant visas, DOS streamlined its guidance in the Foreign Affairs Manual (“FAM”).

Specifically, DOS clarifies “existing guidance to consular officers related to when they should consider recommending that DHS grant a waiver of ineligibility, where applicable.” The FAM instructs consular officer to give favorable consideration when faced with applications for nonimmigrant visa waivers to applicants who have graduated from an accredited US college of university, and are seeking to work in the US in a field that is related to the education that the foreign national has attained in the US. The clarifications explain 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.” Furthermore, once cleared by the consular officer, the waiver requests which are adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office are requested to be expedited.

The new guidelines by DOS should increase the likelihood that foreign nationals who earned a degree from a US college or university and are requesting a nonimmigrant waiver as part of their application for a work visa, such as an H1B or L-1, will be granted the waiver. It may also expedite the procedure, which would be a welcomed relief. However, this does not ensure that the waiver will be suggested or approved.