Department of State to Process Domestic Visa Renewals in Limited Pilot Program For the first time in nearly two decades, the Department of State will process domestic visa renewals for certain H-1B visa applicants as part of a pilot program. Beginning the week of January 29, 2024, the Department will launch this voluntary program for approximately 20,000 eligible participants who meet the requirements listed in the Federal Register. Please see attached information sheet.

The Department of Homeland Security announced that the Secretary of Homeland Security is extending the designation of Ukraine for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. Here is the link to the announcement in the Federal Register: https://www.federalregister.gov/documents/2023/08/21/2023-17875/extension-and-redesignation-of-ukraine-for-temporary-protected-status

September 13, 2023

On September 13, U.S. District Court Judge Andrew Hanen issued an order reaffirming its previous determination that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The order extends the existing district court stay of the program and expanded it to cover the 2022 DACA regulation issued by the Biden Administration.

AILA issued a statement after the district court issued its order finding that the conclusion on the legality of DACA is “incorrect.” AILA Executive Director, Ben Johnson urged Congress to act immediately to pass legislation protecting Dreamers.

DHS Secretary Alejandro Mayorkas issued a statement expressing disappointment with the ruling and emphasizing that “DACA recipients will not lose their protection from removal.”

In practical terms, the new order will not affect the status quo:

• Under the stay, individuals who currently have DACA will retain DACA status and the protection from enforcement it confers;
• Renewals: the order allows USCIS to continue to receive and process requests for renewals from DACA recipients (as of July 6, 2021) or whose DACA protection has lapsed for less than one year; and for
• New applications: the court’s order bars USCIS from processing or granting DACA status for any new applications for DACA.

Dated September 14, 2023 

AILA’s Department of State Liaison Committee (The Committee) is aware that many members experience difficulties when attempting to book a nonimmigrant visa (NIV) appointment with U.S. consular posts around the world. A significant source of frustration arises when the publicly published wait times do not accurately reflect the real-time scheduling challenges members and their clients experience. AILA’s DOS Liaison Committee offers this practice pointer to provide some context on how visa wait times are calculated to better acquaint members with the process and its limitations.

In past liaison discussions, most recently at AILA’s 2023 Annual Conference, the Committee has been advised by the Department of State that the NIV wait times posted here are based on reports submitted by posts on a weekly basis. The same visa wait time information is presented differently by city/post on the Global Wait Times page. Post calculates the number of days an applicant must wait until the first open appointment for each relevant category is available. This calculation is then reported to the DOS in Washington, DC, and uploaded to the public-facing website each Monday morning Eastern Time. Each post reports this information and has broad authority and discretion over this function.

The DOS notes on its website that these wait times are estimates only and inherently limited due to how they are calculated and published. They are a snapshot in time, updated once per week, based on the first available appointment in a particular category at that post. As such, the posted wait times will not reflect changes between reporting times, and based on workload and staffing, visa wait times can vary widely from week to week. Further, while interview waiver wait times are posted, the wait times posted only cover certain NIV classes (F, M, J, H, L, O, P, Q, C, D, C1/D, and B1/B2 visas) and are limited to applicants scheduling in the location of their nationality or residence. The DOS Liaison Committee has asked whether other nonimmigrant visa categories can be added to the visa wait times pages, such as TN, E-2, E-3s, etc. DOS confirmed they do not have the technical capabilities for such an update at this time.

The website directs applicants who desire appointments at consulates where they do not reside (Third Country Nationals or TCNs) to “check post websites for nonresident wait times,” however, such information is shared solely at the discretion of each post. Posts may also develop their own additional screening questions for applicants to determine which appointment slots they are qualified to utilize, if at all. Visa wait times may, therefore, vary based on how posts assign application slots for more complex cases or TCN appointments. As always, applicants should check directly with each post to check the specific wait times and requirements for TCN applicants.

As a reminder, applicants may be able to expedite their interview date if there is an urgent, unforeseen situation such as a funeral, medical emergency, or school start date. The process to request an expedited NIV appointment varies by post, so applicants should check the consular section and/or visa appointment scheduling website for specific instructions and requirements. Similarly, there may be additional procedures for students and exchange visitors who need an earlier visa appointment due to school starting, so members are reminded to check directly with post for relevant instructions. While the wait times are to be taken with a grain of salt due to their limitations, they can provide some visibility to members in determining how to meet client NIV scheduling needs. Applicants are reminded to apply early for their visas, well in advance of any anticipated travel, and check directly with the consular website for the most up-to-date information and procedures.

The U.S. government announced that it is admitting Israel into a program that will allow visa-free entry by Israeli citizens starting November 30, 2023. The program known as the Visa Waiver Program (“VWP”) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (“ESTA”) approval prior to travel.
ESTA is a web-based system operated by U.S. Customs and Border Protection (“CBP”) to determine eligibility to travel under the VWP to the United States for tourism or business. Here is the link to apply for the ESTA: https://esta.cbp.dhs.gov/esta
In most cases, your ESTA will be valid for two years. You also must obtain a new ESTA if you:

(1) receive a new passport, including an emergency or temporary passport;
(2) change your name;
(3) change your gender;
(4) change your country of citizenship; or
(5) need to change your responses to any of the “yes” or “no” questions on the ESTA application.