Just before the end of 2021, the U.S. Department of State announced new guidance to consular officials in an effort to streamline and expedite U.S. student visa processing for international students.
The amendment was established under 9 FAM 402.5-5(E) in response to complaints from U.S. university authorities who feel consulates deny students their visas by mistakenly assuming “immigrant intent.”
Key Takeaways:
- The U.S. Department of State has issued new guidelines in an effort to make the process of obtaining a student visa in the United States easier and faster for international students.
- The amendment was enacted in response to concerns from university officials in the United States that consulates are denying students their visas.
- The new guidance from the Biden administration aims to help institutions restore their luster, which has been damaged by the country’s tight visa and immigration limitations.
While the guidance is really just common sense, according to Lynden Melmed of Berry Appleman and Leiden, international students must still declare their intention to leave the United States after completing their studies.
“The statute clearly presupposes that the natural circumstances and conditions of being a student do not disqualify that applicant from obtaining a student visa,” according to the paragraph published in the Foreign Affairs Manual on Dec. 20, 2021. “It is natural that the student does not possess ties of property, employment, and continuity of life typical of B visa applicants.”
It has also been noted that student candidates often have weak ties because they are often single, unemployed, and without property, and are in the process of deciding and creating their future goals.
The Biden administration’s new guidance was put in place to help colleges reclaim their luster, which had been tarnished by the United States‘ stringent student visa and immigration restrictions.
Before this, further measures in the right direction had been taken. Despite some setbacks, more than 55,000 Indian students and exchange visitors were given visas in 2021.
On Sept. 16, 2021, consulate offices were also given the option of waiving the interview requirement for some F-1 students, allowing for quicker judgments once visa services could restart.
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