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.

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.

Consular Consolidated Database: Updates on Operational Status

From travel.state.gov

We have made significant progress and issued most of the worldwide backlog of nonimmigrant visa cases. We are working to bring the Consular Consolidated Database back to full operational capacity. We continue to prioritize immigrant visas, adoption cases, and emergency nonimmigrant visa cases. We are printing visas for these cases and all cases with very few delays. Please check with the embassy or consulate where you will apply for additional information. Please see our FAQs for more information.

Global Visa Delays Follow Technical Difficulties with State Department System

From OgletreeDeakins, 07/29/2014

Last week, the U.S. Department of State’s visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to worldwide delays in visa issuances for individuals seeking entry into the United States. The malfunction in the Consular Consolidated Database stalled the processing of U.S. visas for foreign nationals at consulates around the world, and was not limited to one consulate or country.

Although the consular database is back online, travelers should anticipate delays in obtaining U.S. visas. As confirmed by Department of State officials, consular systems are not fully operational and priority is being given to immigrant visa cases over nonimmigrant visa issuances, which are further delayed as a result of backlogs that have lengthened visa wait times. Visa applicants will be notified by the consulate when their passports and visas are ready to be collected.

GLITCH CRASHES GLOBAL US PASSPORT, VISA OPERATIONS

From The Associated Press, 07/23/2014

WASHINGTON (AP) — The State Department's global database for issuing travel documents has crashed, resulting in major delays for potentially millions of people around the world waiting for U.S. passports and visas, officials said Wednesday.

Unspecified glitches in the department's Consular Consolidated Database have resulted in "significant performance issues, including outages" in the processing of applications for passports, visas and reports of Americans born abroad since Saturday, spokeswoman Marie Harf said. She said the problem is worldwide and not specific to any particular country, citizenship document, or visa category.

"We apologize to applicants and recognize this may cause hardship to applicants waiting on visas and passports. We are working to correct the issue as quickly as possible," she said.

Harf said the problems with the database have resulted in an "extensive backlog" of applications, which has, in turn, hampered efforts to get the system fully back on line.

It was not immediately clear how many people are affected, but two U.S. officials familiar with the situation said some 50,000 applicants were hit in one country alone. The officials spoke on condition of anonymity because they were not authorized to discuss the matter publicly or identify the country.

The database is the State Department's system of record and is used to approve, record and print visas and other documents to ensure that national security checks are conducted on applicants.

U.S. Consulates in Canada Temporarily Suspend TCN Visa Processing Over the Summer

UPDATE 
From Canada CSC, 06/13/2013

Important information for U.S. residents: Due to increasingly heavy demand by Canada-based visa applicants, U.S. visa processing posts in Canada are unfortunately extremely limited in the ability to accept visa applications from U.S. residents during the peak demand period of June through August. Appointments for visa renewals for U.S. residents who are currently studying or working in the U.S. will be more readily available during non-peak periods in October and November, and January through May.

For information on options for extending or renewing authorization to continue studies or employment while in the U.S., contact U.S. Citizenship and Immigration Services. Many travelers to Canada and Mexico are eligible for automatic revalidation at a Port of Entry without a new visa.

U.S.-based applicants who need a visa are encouraged to schedule an appointment in their home country. Information on worldwide appointment availability is found on the State Department’s website, www.Travel.State.gov.

From Fragomen.com, 06/10/2014

Third-Country National Visa Appointments Unavailable at U.S. Posts in Canada This Summer The Department of State has confirmed that third-country national (TCN) processing will not be available at any U.S. consular post in Canada from June to August 2014, except in emergency situations. TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected. 

The suspension will primarily affect foreign nationals who seek to renew a visa in Canada rather than travel to their home country. Appointments are expected to be available to foreign permanent residents of Canada, however. 

From www.OgletreeDeakins.com, 06/04/2014

U.S. visa processing posts in Canada are urging third-country national (TCN) applicants to seek appointments at other U.S. Embassies and Consulates, such as those located in the applicants’ home countries. A TCN is an individual who applies for a visa at a U.S. Embassy or Consulate in a country where the individual is not a citizen or national.

The U.S. Department of State has reported that, as a result of heavy demand by Canada-based visa applicants during June, July, and August, the seven Canada posts are extremely limited in their ability to accept TCN cases during these peak demand months. Canadian posts will offer increased appointment availability for TCNs during non-peak processing times, namely October and November, and January through May. In the event of emergency cases during the peak demand period, applicants may seek consideration for scheduling an interview at a Canada post by visiting canada.usembassy.gov.

Delays Anticipated in Visa Applications for India

From Morgan Lewis, 06/25/2013

Individuals in the United States applying for visas to India should expect processing delays in the coming weeks and months as India transitions to a new visa services vendor

As of July 1, India will transfer responsibility for the processing of Indian visa applications submitted in the United States from its current third-party vendor to a new third-party vendor. The transition is expected to cause significant delays in visa processing times.

The transfer to the new Indian-owned vendor, BLS International, is a result of a mandate by the Indian government that such outsourcing contracts be made exclusively with Indian-owned companies. Currently, Travisa Outsourcing processes Indian visa applications submitted in the United States. Under Travisa, these applications are generally processed within 3 to 10 business days.

As a result of this transition, substantial delays are expected in visa processing times over the coming weeks and months. Individuals requiring a visa for travel to India on or before July 9 are advised to submit their applications in person as soon as possible. For more information about applying for a visa through Travisa, visit this link.

U.S. Visa Processing Questions & Answers

U.S. Department of State, 02/28/2013

Question: What did the State Department do to reduce Visa Wait Times and increase visa processing capacity in the past year?

Answer: The Department of State welcomes Acting Secretary of Commerce Rebecca Blank’s announcement that 66 million international tourists visited the United States in 2012, generating an all-time record $168 billion in revenue, an increase of 10 percent from 2011. International tourism has a significant impact on the U.S. economy, creating one new American job for every 65 visitors that we help to bring to our shores.

We are proud to have played a key role in facilitating travel for the approximately one-third of travelers to the United States each year that require a visa, all while upholding the highest standards of border security. In FY 2012, we processed 10.3 million non-immigrant visa applications and issued 8.9 million visas, a 19 percent increase over the previous year, while working through extraordinary increases in demand for visas in key markets such as Brazil, China, and Mexico.

In January 2012, the President ordered us to build capacity, leverage resources, and improve the visa application and entry process. The Department continues to meet and exceed the President’s goals to attract and welcome more international visitors – visitors who create additional jobs here at home, many in the travel and tourism industry.

Keeping Interview Wait Times Low: Currently, more than 90 percent of applicants worldwide are interviewed within three weeks of submitting their applications. In China, consular officers have kept interview wait times to an average of five days and consular officers in Brazil have brought wait times down by 98 percent, from a high of 140 days in São Paulo, to just two days right now.

Increased Processing Capacity: The U.S. Missions in Brazil and China met the President’s goal to increase visa processing capacity by 40 percent in 2012. In Brazil, consular officers met the target in June 2012 and in China we met the target in November 2012. By the end of 2012, we had created more than 40 new visa adjudicator positions in China and 50 in Brazil, including 43 under an innovative program that targets recruits who speak Mandarin and Portuguese.

Streamlining the Visa Process: A pilot program that allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants renewing their visas is operational at 53 visa processing posts in 29 countries. Consular officers have already waived interviews for more than 222,000 of these low-risk visa applicants.

Expanding Facilities: State spent millions of dollars to upgrade and expand its existing consular facilities. In China, State will open a new consulate building in Guangzhou in Fiscal Year (FY) 2013, move the consular sections in Shenyang to a larger facility, and begin processing visas in Wuhan. New consulates in Belo Horizonte and Porto Alegre will open in Brazil in FY 2015.

Department of State Online Case Tracker

The Department of State has introduced the online "Visa Status Check," which allows both immigrant and nonimmigrant applicants to check the status of their cases at the Consular Electronic Application Center (CEAC). 

https://ceac.state.gov/CEACStatTracker/Status.aspx

U.S. Consulates in India Expand Waiver of Nonimmigrant Visa Interviews

From Fragomen.com, 11/27/2012

Qualifying H-1B, individual L-1, F and J visa holders are now eligible for a waiver of the nonimmigrant visa interview if applying to renew their visa at a U.S. consulate in India. Applicants selected for the interview waiver will benefit from streamlined visa renewal procedures, though will still be required to appear for a biometrics appointment. 

Previously, interview waivers in India were available only to foreign nationals applying to renew a B-1/B-2, H-4 or L-2 visa at the discretion of a consular officer. 

Who Qualifies for an NIV Interview Waiver? 

The interview waiver is available to foreign nationals applying to renew a B-1/B-2, C1/D, F, H, J or individual L visa, as long as the renewal is in the same classification as the applicant’s most recent visa and that visa was issued in India. Applicants for L-1 visas under an employer’s blanket petition are not eligible for the waiver.

The applicant’s most recent visa must have been issued after August 1, 2004 (or after November 1, 2008 for drop-box application services). The prior visa cannot have been annotated “clearance received” or have been lost or stolen. The applicant must have had no visa refusals in any category since his or her most recent visa issuance. 

If applying for an H or L renewal, the applicant’s most recent visa must still be valid or have expired within the previous 12 months. If applying for a B-1/B-2, C1/D, F, or J visa renewal, the applicant’s most recent visa must still be valid or have expired within the previous 48 months. 

Children under 14 are eligible for the interview waiver if their current visa is in the same category as that of a parent applying for renewal. Applicants age 80 or older are also eligible.

Applying for the Waiver

To obtain the waiver, the visa renewal applicant must pay all relevant visa application and reciprocity fees according to the consulate’s payment procedures. Next, the applicant must complete Form DS-160, the online nonimmigrant visa application, and print the filing confirmation page.

Once the application is filed, the applicant must create an account athttp://www.ustraveldocs.com/in, the U.S. consulates’ visa application website, and follow the steps to schedule an interview. The applicant will be asked a series of questions to determine whether he or she is eligible for an interview waiver and drop-box application services. Note that consular officers have the discretion to require an interview even if the applicant is otherwise eligible for a waiver.

If the applicant meets the waiver requirements, he or she must schedule a biometrics appointment at an Offsite Facilitation Center. The applicant must bring a valid passport, most recent visa, and supporting documentation to the appointment. Children under 14 must also bring a photocopy of their parents’ visas. Applicants who qualify for drop-box service must submit these materials to a drop-off location, along with a drop-box confirmation letter and a recent passport-size photograph. If the consulate needs additional documents or information, the applicant will be notified by email.

If the visa application is approved, the passport and new visa will be delivered for pickup at a Document Collection center selected by the applicant.

In the early stages of the expanded waiver program, several processing issues have been identified that could cause delays or other problems for applicants. The consulates have indicated that they are working on addressing these issues.