Resuming Consular Appointments: Questions for Sophie

Answering Your Immigration Questions for Tech Workers: “Dear Sophie”

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration concerns relevant to those working within the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of knowledge sharing. She states, “Your inquiries are crucial for disseminating information that empowers individuals globally to overcome geographical limitations and realize their aspirations.” If you are in people operations, a founder, or seeking employment in Silicon Valley, she welcomes your questions for future columns.

TechCrunch+ subscribers gain access to weekly “Dear Sophie” columns. A 50% discount is available on one- or two-year subscriptions using the promo code ALCORN.

Question: K-1 Visa Interview Delays

Dear Sophie,

I submitted a sponsorship for my fiancé’s K-1 visa prior to the pandemic. Unfortunately, the visa interview was canceled, and he has not yet received his visa.

With the lifting of U.S. travel restrictions, what is the current status of visa interviews?

— Pining in Pittsburgh

Dear Pining,

Thank you for contacting me with your question. While love may transcend boundaries, the U.S. immigration system doesn’t always reflect this. We understand the hardship of being separated from your fiancé for an extended period.

Many of our clients are facing similar challenges, a topic we discussed on the 100th episode of “Immigration Law for Tech Startups.” There is growing optimism, however, as we are starting to see improvements.

It is always advisable to seek guidance from an immigration attorney, as each case is unique. An attorney can provide support throughout the K-1 visa process, answer your questions, and assist with the adjustment of status after marriage.

Starting in January 2022, all U.S. Citizenship and Immigration Services (USCIS) personnel returned to offices to address backlogs and reduce processing times that increased during the pandemic.

However, delays are still anticipated at State Department embassies and consulates abroad. Many remain closed, and those that have reopened are dealing with substantial backlogs.

The timeframe for scheduling an interview depends on the specific embassy or consulate and their prioritization of visa classes. Following the lifting of COVID-related travel bans on November 8, the U.S. Department of State granted embassies and consulates discretion to prioritize appointments based on safety and local conditions.

The Biden administration is actively working to allocate resources and rebuild infrastructure within these departments.

Each U.S. embassy or consulate provides information regarding interview scheduling and prioritization. For instance, the U.S. Consulate in Mumbai is currently processing all immigrant visas (green cards) and K-1 visas.

For guidance on filing for a green card after marriage, review this previous “Dear Sophie” column and listen to the podcast “Engaged, Now What?”

Wishing you a swift reunion!

— Sophie

Question: H-1B Visa Stamp and International Travel

Dear Sophie,

I am in the U.S. with an approved H-1B petition, but my passport lacks an H-1B visa stamp. I plan to visit family in Mumbai.

Is it likely I will receive a visa stamp before returning to the U.S. within a month?

— Hankering for Home

Dear Hankering,

While the U.S. Consulate in Mumbai has reopened, it faces a significant backlog and is currently prioritizing immigrant visas (green cards) and K-1 fiancé(e) visas over H-1Bs and other non-immigrant visas.

Individuals seeking December trips to India applied for interviews months ago and are still awaiting scheduling.

If your presence in the U.S. is required in January, and you haven’t scheduled an interview, reconsider your travel plans. Obtaining an appointment in India within the next month is improbable.

Prior to COVID, some H-1B holders utilized Third Country National visa processing; however, this is currently limited in Mexico and challenging in Canada.

Consult with your employer’s immigration counsel for specific advice regarding your situation.

You can monitor non-immigrant visa appointment wait times using the U.S. Department of State’s Visa Appointment Wait Times tool. This tool provides estimates for scheduling interviews for visas like the H-1B, F-1, and J-1.

The U.S. Consulate in Mumbai is currently scheduling only emergency appointments for non-immigrant visas, and securing one remains difficult. However, consulate staff now have the authority to prioritize visa types, so continue to check for updates.

We anticipate a return to normalcy in 2022!

All my best,

Sophie

Do you have a question for Sophie? Submit it here. We reserve the right to edit submissions for clarity and length.

Please note that the information in “Dear Sophie” is for general knowledge only and does not constitute legal advice. For details regarding the limitations of “Dear Sophie,” please see our full disclaimer. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, “Immigration Law for Tech Startups,” is available on all major platforms. She is currently accepting guest applications!