State Department Easing the Issuance of Waivers for Nonimmigrant Visas for US College Graduates

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”).

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Physical Presence in Country of Application Required when Mailing in Visa Applications

US Embassies and Consulates are staffed with Foreign Service Officers who are responsible for visa processing. The Foreign Affairs Manual (“FAM”) and associated Handbooks (FAHs) are “a single, comprehensive, and authoritative source for the Department's organization structures, policies, and procedures that govern the operations of the State Department, the Foreign Service and, when applicable, other federal agencies.” The FAM contains general policy, whilst the FAH outlines procedures. In unison, the FAM and FAH provide codified information to officers and local staff to carry out their duties “in accordance with statutory, executive and Department mandates.”

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