Mission India Announces Significant Delays in US Nonimmigrant Visa Processing

From Morgan Lewis, 06/28/2016

The US Department of State recently announced that US consular posts in India are experiencing unusually long wait times for nonimmigrant visa (NIV) interview appointments. Current wait times for H and L visas are between 75 and 100 days. Current wait times for nonimmigrant visa interview appointments (not including B, F, and J visas) are as follows:

• Chennai—75 days
• Hyderabad—93 days
• Kolkata—96 days
• Mumbai—88 days
• New Delhi—100 days

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• These backlogs will likely increase throughout the summer, especially with the enormous increase in student applications that typically occurs in the summer months. The Department of State hopes to add consular positions to alleviate the increase in visa wait times. There are also plans to open a new US consulate in India in the foreseeable future.
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• Requests for expedited processing of visa applications will usually be granted only on a humanitarian basis involving the loss or threatened loss of life. Those required to travel abroad who must obtain a visa stamp in India should consider delaying travel to India until after the backlogs have subsided. Should an Indian national have reason to travel to another jurisdiction, applying outside of India as a Third Country National may be possible, however, Indian nationals are urged to check requirements at consular posts carefully since not every consulate accepts such applications.

Updated Instruction for Using the DOS Visa Bulletin

Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the DOS will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on the DOS website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.

The Department of State anticipates making this determination each month and posting the relevant chart on their website within one week of DOS’ publication of the Visa Bulletin.

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

Learn more about adjustment of status and the Visa Bulletin on their website.

DOS Publishes Updated Visa Bulletin for October 2015

From USCIS, 09/25/2015

On Sept. 25, the Department of State (DOS) published an updated Visa Bulletin for October 2015. This bulletin supersedes the bulletin for October 2015 that was originally published on Sept. 9, 2015. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process. The Dates for Filing Applications sections on pages 4 and 6, which have been adjusted, have been identified in bold type and highlighted. 

Applicants should use the chart published by DOS on Sept. 25 when filing for adjustment of status. This chart has also been updated on uscis.gov. Please be advised that DHS will rely on this revised bulletin rather than the bulletin published on Sept. 9, 2015, when considering whether an individual is eligible to file his or her application for adjustment of status.

The Dates for Filing Applications chart is a part of the revised procedures for determining visa availability for applicants waiting to file for adjustment of status that USCIS announced on Sept. 9, 2015. Continue reading below for more information.

Background Information

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas is issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with: 

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; an
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

Learn more about adjustment of status and the Visa Bulletin on the USCIS website.

UPDATE: Visa Systems Issues (165 Posts Restored)

From Travel.State.Gov, 06/25/2015

The Bureau of Consular Affairs reports that 165 posts, representing more than 85 percent of our nonimmigrant visa demand worldwide, are now online and issuing visas. 

Posts overseas issued more than 82,000 visas on June 24. 

Posts overseas have issued more than 238,000 non-immigrant visas this week. For context, if systems had been operating normally, posts would have issued approximately 540,000 visas since the outage started. 

We will continue to bring additional posts online until connectivity with all posts is restored. All posts worldwide are now scheduling interviews with applicants, including with those who applied after the systems problems began on June 9.

We deeply regret the inconvenience to travelers who are waiting for visas, as well as their families and U.S. businesses that have been affected.

·    We continue to post updates to our website, travel.state.gov.

Q: Reports indicate that your backlog is 700,000 visas. Is this accurate?

·    No. While there is a large backlog of cases to clear, it never approached that level, and we have already made good progress issuing those visas. Many posts are working overtime this week and during the upcoming weekend, and we expect to eliminate the backlog in a week or less.

Q: How old is this equipment? And does the age of the equipment and the need to have so many repairs to the hardware mean that this equipment should have been replaced? Is this a funding issue at the base of it?

The hardware that impacted the biometrics system is several years old. The Department was working to move the biometrics system off of this hardware.

The operational requirements to keep this database running for domestic and overseas passport and visa issuances caused delays in upgrading the database according to our planned maintenance schedule.

We have been working to upgrade our systems over the past year.

We will move ahead with planned migration and systems upgrades as soon as we fully restore service.

Q: How did you restore service?

We restored service using a redundant, secondary backup system and other sources. That data allowed us to begin to re-connect posts to the affected portion of the system and synchronize biometric data. This system is running on newer hardware, and has a synchronized standby system in a different Department data center.

In parallel, we are continuing to restore data from backups and overseas post databases. This process is ongoing.

Q: Do you know whether this is equipment that was acquired directly by the State Department, or was this acquired through a third-party contractor?

The equipment was acquired by the Department of State.

Q: What does this mean for travelers seeking visas?

All posts are now interviewing applicants. Please check the website of the nearest embassy or consulate for interview appointment availability and up-to-date messages.

Q: How many people were affected by this outage?

During the past two weeks, consular sections have continued to interview travelers who applied June 8 or earlier. Those posts reconnected to our system are now issuing visas for those applicants.

Q: How are cases being prioritized?

We continue to facilitate urgent cases for those individuals who need to travel imminently, and will continue to do so until the systems are normal.

We apologize to travelers and recognize that this has caused hardship to some individuals waiting for visas as well as families and employers.

Q: What about the foreign agricultural workers (H2A visa holders?)

More than 2,500 temporary or seasonal workers have been issued new visas in Mexico since last week.

We will continue to prioritize H-2 applicants as our systems return to normal, and issue as many approved cases as possible. However, we will not be able to process these as quickly as we typically do until our systems are functioning normally. We continue to ask that any employers with urgent needs contact the post which is processing their applicants and we will do everything we can to facilitate the cases.

We are no longer asking CBP to provide Port of Entry waivers, as we have now begun issuing visas at border posts.

Visa applicants, including agricultural workers, who have not received a visa should not report to the border. Please contact the nearest embassy or consulate.

Q: What about domestic passports?

Domestic passport operations are functioning, with some processing delays.

The technical problems have affected the intake of some mailed applications and same-day service at our passport agencies; however, we continue to issue routine and expedited passports to U.S. citizens for all overseas travel needs.

Q: What about overseas passports?

Overseas passport applications are being processed. There have been delays in some cases, but posts overseas are able to issue emergency passports in urgent cases.

UPDATE: Visa Systems Issues (39 posts restored)

From Travel.State.Gov, 06/23/2015

The Bureau of Consular Affairs reports that the database responsible for handling biometric clearances has been rebuilt and is being tested.  39 posts, representing more than two-thirds of our normal capacity, are now online and issuing visas. We are working to restore full biometric data processing.

• We issued more than 45,000 visas yesterday.  Beijing alone issued nearly 15,000 visas. 
• Our team continues to work 24/7 to restore the systems to full functionality. 
• We will continue to bring additional posts online until connectivity with all posts is restored. 
• We deeply regret the inconvenience to travelers waiting for visas.
• We continue to post updates to our website, travel.state.gov.
• Q: How long before you restore full system functionality? 
• We anticipate that the system will be fully reconnected this week.  We plan to work over the weekend to clear our backlog.
• As of noon today, 39 posts have been reconnected, representing more than two-thirds of the global nonimmigrant visa volume.  All our servers appear to be stable. 
• There is a large backlog of cases to clear, but we have already made good progress.  We will continue to bring additional posts online until connectivity with all posts is restored. 
• Q: What does this mean for travelers seeking visas?
• Many posts are now rescheduling interviews.  In some cases, interviews will be available as soon as June 24.  Please check the website of the nearest embassy or consulate for interview appointment availability and up-to-date messages.    
• Q: How many people were affected by this outage?
• We handle an average of 50,000 applications daily worldwide.  During the past two weeks, consular sections have continued to interview travelers who applied June 8 or earlier.  Interviews will now be available for those who applied after June 8.  Visa issuance has been delayed by the systems outage and the backlog will be addressed.
• Q: Once operational, how will cases be prioritized?
• We are already prioritizing urgent humanitarian cases and temporary agricultural workers.  We are working as quickly as possible to clear the backlog of pending visa cases.
• We apologize to travelers and recognize that this has caused hardship to some individuals waiting for visas. 
• Q: What about the foreign agricultural workers (H2A visa holders?)
• Nearly 1,700 temporary or seasonal workers have been issued new visas in Mexico.  These are applicants whose biometric data was captured before the systems went down.  
• An additional 250 received Port of Entry waivers from Customs and Border Protection (CBP).  We are no longer asking CBP to provide port of entry waivers, as we are now able to issue visas at border posts. 
• Based on our systems progress, we are currently rescheduling more than 1,500 H-2 visa applicants who were unable to be interviewed last week because of systems problems.
• Visa applicants, including agricultural workers, who have not received a visa should not report to the border.  Please contact the nearest embassy or consulate.  
• Q: What about domestic passports?
• Domestic passport operations are functioning, with some processing delays.  
• The technical problems have affected the intake of some mailed applications and same-day service at our passport agencies; however, we continue to issue routine and expedited passports to U.S. citizens for all overseas travel needs.
• Q: What about overseas passports?
• Overseas passport applications are being processed.  There have been delays in some cases, but posts overseas are able to issue emergency passports in urgent cases.

*Connected Posts

1. Paris
2. Monterrey
3. Ciudad Juarez
4. Guangzhou
5. Beijing
6. Shanghai
7. Tijuana
8. Nuevo Laredo
9. Mexico City
10. Guadalajara
11. Mumbai
12. New Delhi
13. Sao Paolo
14. Chennai
15. Manila
16. Bogota
17. Buenos Aires
18. Rio de Janeiro
19. Tel Aviv
20. Merida
21. Hermosillo
22. Karachi
23. Seoul
24. Lima
25. Santo Domingo
26. Kingston
27. Shenyang
28. Chengdu
29. DPT
30. Lagos
31. Guayaquil

32. London
33. Brasilia
34. Moscow
35. San Salvador
36. Quito
37. Ho Chi Minh
38. Hanoi
39. Kyiv

UPDATE: Visa Systems Issues (22 posts restored)

From Travel.State.Gov, 06/22/2015

• The Bureau of Consular Affairs is in the process of resolving technical problems with our visa systems. Though some progress has been made, biometric data processing has not been fully restored.
• Our team continues to work on this 24/7 to restore the systems to full functionality.
• As of noon today, 22 posts have been reconnected, representing about half of the global nonimmigrant visa volume.
• We will continue to bring additional posts online until connectivity with all posts is restored.
• Last week, nearly 1,250 temporary or seasonal workers who had been issued visas in the past were issued new visas in Mexico, and we have issued more than 3,000 visas globally for urgent and humanitarian travel.
• We deeply regret the inconvenience to travelers and recognize the hardship to those waiting for visas, and in some cases, their family members or employers in the United States.
• We continue to post updates to our website, travel.state.gov.

Q: How long before you restore full system functionality?

• Public and private sector experts are making progress in correcting the visa problem, and we are striving to have the system fully reconnected sometime this week.
• As of noon today, 22 posts have been reconnected, representing about half of the global nonimmigrant visa volume. All our servers appear to be stable. There is a large backlog of cases to clear, but we have already made good progress. We will continue to bring additional posts online until connectivity with all posts is restored.
• Overseas and domestic passports are being issued.

Q: How many travelers are affected by this outage?

• Most posts were able to handle visa interviews and some visa printing as usual through the end of last week. This week, many posts have rescheduled visa appointments.
• • We handle an average of 50,000 applications daily worldwide. Many applicants do not have immediate travel plans, and will receive visas in time for planned trips. We are prioritizing urgent medical and other humanitarian cases.

Q: Once operational, how will cases be prioritized?

• We are already prioritizing urgent humanitarian cases and temporary agricultural workers. Once the systems are fully operational, we will work as quickly as possible to clear the backlog of pending visa cases.
• We apologize to travelers and recognize that this has caused hardship to some individuals waiting for visas.

Q: What about domestic passports?

• Domestic passport operations are functioning, with some processing delays. These technical problems have affected the intake of some mailed applications and same-day service at our passport agencies; however, we continue to issue routine and expedited passports to U.S. citizens for all overseas travel needs.

Q: What about overseas passports?

• Overseas passport applications are being processed. There have been delays in some cases, but posts overseas are able to issue emergency passports in urgent cases.

Q: What about the foreign agricultural workers (H2A visa holders?)

• We issued nearly 1,250 H-2 visas for agricultural and temporary workers last week. These are applicants whose biometric data was captured before the systems went down.
• Additionally over the weekend we worked with DHS/CBP to facilitate the entry of more than 250 H-2 workers to travel to their places of employment in the United States.
• CBP has agreed to give cases processed through the U.S. Department of State due consideration. However, no visa applicant, including agricultural workers, should report to the border without first having applied for a visa and having been processed through an embassy or consulate.  
• Based on this weekend’s systems progress, we are currently rescheduling more than 1,500 H-2 visa applicants who were unable to be interviewed last week because of systems problems.

UPDATE: DOS Announces System Failures, Causing Passport/Visa Delays Worldwide

From GreenbergTraurig, 06/17/2015

The DOS Bureau of Consular Affairs in its efforts to address the technical problems with the visa systems states that the issue is not specific to any particular country or visa category and they do no expect the system to be fully online and operational before next week. They further state that they intend to work as efficiently as possible to clear the backlog of pending cases affected by the technical issues.

The DOS has issued updates regarding the following:

• Passport Applicants: issues affecting passport operations have been resolved and overseas passports are being issued;
• Nonimmigrant Visa Applicants: the DOS is unable to print most nonimmigrant visas approved after June 8, 2015. Further, the DOS is currently unable to process DS-160 online applications submitted on or after June 9, 2015. They recommend that if you completed and submitted Form DS-160 on or after June 9, 2015, you continue to monitor the DOS website and only attend the appointment if the situation has been resolved. However, if you submitted your DS-160 online application prior to June 9, 2015, you should plan to attend their scheduled appointment.
• Immigrant Visa Applications: the DOS is still currently unable to print most immigrant visas, including fiancé(e) visas, approved after June 8, 2015. Additionally, they are aware that some applicants continue to experience technical difficulties accessing Form DS-260.  The issues are intermittent,  therefore DOS  suggests that you return to the Consular Electronic Application Center periodically to try to complete Form DS-260.

While the DOS Bureau of Consular Affairs is apologetic and recognizes the hardship the technical issues this has created, they stress that border security is their main concern and they cannot circumvent any legal requirements to screen applicants prior to issuing visas for travel.

Technological Systems Issue: Passport/Visa Systems Errors

From travel.state.gov, 06/16/2015

The Bureau of Consular Affairs continues to address technical problems with our visa systems.  Some visa applicants will experience delays in receiving visas.  Others will be contacted directly to reschedule their appointments.  Passports are still being processed.

This issue is not specific to any particular country or visa category; this is a global issue.  We do not believe these problems stem from any cyber-security hacking issues.

Our border security responsibilities are critical to the visa process.  We cannot bypass the legal requirements to screen visa applicants before we issue visas for travel. We are assisting visa applicants with urgent humanitarian travel, and adoption cases are being processed.  Individuals with humanitarian travel needs should contact their nearest U.S. embassy or consulate.

• What caused this outage?  Was it a malicious action or hack? There is no evidence the problem is cyber security related. 
• How long before you restore full system functionality? Overseas passports are being issued.  Public and private sectors experts are working around the clock to correct the problem, but we do not expect the system will be online before next week.
• How many travelers are affected by this outage? This is a global issue and is having impact on our consular operations.  We are in daily communication with consular operations worldwide to assess the evolving impact and provide guidance, including information for the traveling public.
• Once operational, how will cases be prioritized? Once the systems are fully operational, we will work as quickly as possible to clear the backlog of pending visa cases. We apologize to applicants and recognize that this may cause hardship to applicants waiting for visas.  

February 2015 Visa Bulletin

According to the State Department’s February Visa Bulletin, EB-2 India will advance by more than six months, to September 1, 2005, and EB-2 China will move ahead by six weeks, to March 15, 2010. 

The EB-3 subcategory for professionals and skilled workers will advance by six months for China, to September 1, 2011, and by seven months for most countries, to January 1, 2014. EB-3 India will advance by one week, to December 22, 2003. 

The EB-3 other worker subcategory for China will advance by three weeks, to August 15, 2005, and most other countries by seven months, to January 1, 2014. EB-3 India will advance by one week, to December 22, 2003. 

February 2015 Visa Bulletin

Employment-Based Immigrant Visa Availability in the Coming Months 

The State Department projects that EB-3 will continue to advance significantly for China and most other countries over the next two months. This is expected to spur significant demand, which could lead to a retrogression of cut-off dates within the next six months, particularly for China. EB-3 India is expected to advance slowly, by up to two weeks per month. 

EB-2 India is expected to advance by four to six months per month and EB-2 China by three to six weeks per month in the near term. 

EB-5 is expected to remain current for most countries, but increased demand for China is expected to result in the imposition of a cut-off date no later than this summer. 

November 2014 Visa Bulletin

From Fragomen.com, 10/09/2014

Major Retrogression for EB-2 India, EB-3 Advancement for Most Countries

According to the State Department’s November Visa Bulletin, the EB-2 India priority date cut-off will retrogress by more than four years, to February 15, 2005, after significant advancements over the last several months. EB-2 China will advance by just three weeks, to December 8, 2009. 

EB-3 will see substantial advancements for most countries. The EB-3 China priority date will advance nine months, to January 1, 2010. All other countries except India will advance eight months, to June 1, 2012. India will move forward by one week, to November 22, 2003. 

Source: Department of State

November 2014 Priority Date Cut-Offs 
In November 2014, EB immigrant visa priority date cut-offs will be: 


EB-1 Current for all countries. 


EB-2 China: December 8, 2009 India: February 15, 2005 All other countries: Current 


EB-3 Professionals and Skilled Workers China: January 1, 2010 India: November 22, 2003 All other countries: June 1, 2012 


EB-3 Other Workers China: July 22, 2005 India: November 22, 2003 All other countries: June 1, 2012 


EB-5 Current for all countries and subcategories. 


Employment-Based Immigrant Visa Availability in the Coming Months 
The State Department projects that EB-3 will continue to advance significantly for China and most other countries in the next three months. But if EB-3 demand increases, cut-off dates could be retrogressed early next year, particularly for China. 

Potential Implications for Travel Because of Ebola in Parts of West Africa

From Travel.State.gov, 08/28/2014

The Department of State alerts U.S. citizens to screening procedures, travel restrictions, and reduced aviation transportation options in response to the outbreak of Ebola Virus Disease in Guinea, Liberia, Nigeria, and Sierra Leone.   

This Travel Alert will expire on February 27, 2015.

Due to an outbreak of Ebola Virus Disease (EVD) in the West African nations of Liberia, Guinea, and Sierra Leone, the Centers for Disease Control and Prevention (CDC) issued  Level 3 Travel Warnings for those three countries advising against non-essential travel and provided guidance to reduce the potential for spread of EVD.  The CDC also issued a Level 2 Travel Alert for Nigeria to notify travelers of the Ebola outbreak in that country.  The Bureau of Consular Affairs’ website prominently features an Ebola Fact Sheet and links to the CDC Health Travel Warnings, Travel Alert, and general guidance about Ebola.

The World Health Organization (WHO) and CDC have also published and provided interim guidance to public health authorities, airlines, and other partners in West Africa for evaluating risk of exposure of persons coming from countries affected by EVD.  Measures can include screening, medical evaluation, movement restrictions up to 21 days, and infection control precautions.  Travelers who exhibit symptoms indicative of possible Ebola infection may be prevented from boarding and restricted from traveling for the 21-day period.  Please note neither the Department of State’s Bureau of Consular Affairs nor the U.S. Embassy have authority over quarantine issues and cannot prevent a U.S. citizen from being quarantined should local health authorities require it.  For questions about quarantine, please visit the CDC website that addresses quarantine and isolation issues.

The cost for a medical evacuation is very expensive.  We encourage U.S. citizens travelling to Ebola-affected countries to purchase travel insurance that includes medical evacuation for Ebola Virus Disease (EVD).  Policy holders should confirm the availability of medical care and evacuation services at their travel destinations prior to travel. 

Some local, regional, and international air carriers have curtailed or temporarily suspended service to or from Ebola-affected countries.  U.S. citizens planning travel to or from these countries, in accordance with the CDC Health Travel Warnings and Health Travel Alert, should contact their airline to verify seat availability, confirm departure schedules, inquire about screening procedures, and be aware of other airline options. 

The Department is aware that some countries have put in place procedures relating to the travel of individuals from the affected countries, including complete travel bans.  Changes to existing procedures may occur with little or no notice.  Please consult your airline or the embassy of your destination country for additional information. 

We strongly recommend that U.S. citizens traveling or residing abroad enroll in the Department of State’s Smart Traveler Enrollment Program (STEP).  STEP enrollment allows you to receive the Department’s safety and security updates, and makes it easier for the nearest U.S. embassy or U.S. consulate to contact you in an emergency.  If you do not have Internet access, enroll directly with the nearest U.S. embassy or consulate.

Regularly monitor the State Department’s website, where you can find current Travel Warning and Travel Alerts, and the Worldwide Caution, and read the Country Specific Information for your destination countries.  For additional information, refer to the "Traveler's Checklist" on the State Department's website.  Current information on safety and security can also be obtained by calling 1-888-407-4747 toll-free from within the United States and Canada, or 1-202-501-4444 from other countries.  These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).