Risk of Extensive Delays in Getting Visa Stamp to Enter U.S.

When all goes smoothly, visa issuance typically takes three (3) to six (6) business days. Unfortunately, a smooth visa process is gradually becoming the exception rather than the norm in many areas of the world. For various reasons, many visa applicants are experiencing significant delays ranging from several weeks to several months. For example, in the recent past we have seen a dramatic increase in the number of males of Indian and Pakistani nationality who have been subjected to extended delays in their home country or a third country following their visa stamping interviews. In addition, visa applicants who work for staffing or consulting firms (and who thus may spend portions of time at client sites) are encountering delays in visa issuance due to additional documentation requests and, in some instances, are having their visa applications rejected (even where there is a CIS-based petition approval). We also see visa issuance delays in the following situations: male visa applicants of “solider age” between the ages of 16 and 45 who were born in or are nationals or citizens of certain countries; applicants who have traveled to certain countries; applicants with a name that is similar to a name in the FBI criminal records database; and applicants who work with technology that could be considered by the consular officer to be “dual use” technology that could be harmful to U.S. security.

In view of the risk of extensive delay, proper planning prior to undertaking international travel is important. In the current political climate, moreover, such planning is absolutely critical. In some cases employees (in consultation with their managers and HR) will need to weigh the risks before determining whether to travel internationally, and some employees may opt to forego international travel rather than risk delays and possible job loss.

Please click here to access detailed information about the typical reasons for visa issuance delays and, more importantly, to read what you can do to minimize the likelihood and/or impact of the delay.

By: Dyann DelVecchio

Dyann DelVecchio is a partner in Seyfarth’s Boston office. If you would like further information, please contact your Seyfarth Shaw LLP attorney, or Dyann DelVecchio at ddelvecchio@seyfarth.com.