The American Council of Immigration does not approve or oppose candidates for elected offices. We aim to provide an analysis of the impact of elections on the US immigration system.
On Tuesday, May 27, the international exchange and education community was hit by yet another blow when the Trump administration temporarily scheduled the appointments of new F, M and J visas. Politico reported that cables sent to all embassies and consulates by Secretary of State Marco Rubio have called for the consul department to “not add the ability to book student or exchange visitor (F, M, J) visas until further guidance is issued.” The request stems from the department’s decision to “assess operations and processes in preparation for social media reviews for all student and exchange visitor visa applicants.”
The initially designed to target higher education, but the suspension applies to all J-1 program categories. This action directly affects a wide range of components, including non-immigrant visitors, American middle schools and institutions of higher education, families using AU pair help, research and development, training, and companies relying on J-visa for seasonal work. The United States will confiscate $43.8 billion, which contributes to the US economy and nearly 400,000 jobs a year, according to a study conducted by the International Exchange Alliance, a nonprofit that serves as the voice of collective public policy for the American cultural exchange community.
This pause has naturally wreaked havoc for the various constituencies that interact with the F, M and J Visa categories. Cable says that “already scheduled appointments can proceed under current guidelines,” but there have been reports that previously scheduled interviews have been cancelled after the cable was sent. The period of suspension is also unknown. According to Cable, the suspension will be “until further guidance is issued.” […]I’m predicting it in the next few days. ” At a press conference held on Thursday, May 29, the State Department also confirmed that the suspension was shorter and there were “endpoints” that were not “weeks or months.”
It may take several weeks to develop social media review and training staff procedures and standards for these new tasks. Following previous instructions, the consulate is facing staffing. This places an additional strain on already understaffed consul teams, forcing them to prioritize ongoing tasks at the expense of new challenges. Staff reductions can reduce availability of J, F, and M Visa regulations-savvy trained personnel, which can result in delays and errors.
The chances of a potential remedy being successful are unlikely to be successful.
In previous cases, courts generally do not acknowledge the existence of cases against the State Department on matters committed outside the United States. Changing status to J, F, or M entering the US on another visa (for example, B-1 or B-2) presents some issues. There are a few issues. Obtaining a Visitor Visa for the purpose of changing status to another category may be seen in the context of a change in the status auxiliary agreement, either by the Consul Officer or by a change in status as a change in status as a mass conservation (Uscis) (Uscis). This could result in the refusal of a visa, refusal to cancel a visa at the port of entry, or refusal to change status. A misrepresentation finding will be the basis for future visa denials or other immigration benefits. The backlog of a visitor visa application is usually longer than the backlog of an F, M, or J visa, and is usually of higher priority. Whether to stop accepting F, M, or J applications and allow more visitor visa slots is unclear in light of staff shortages. Visitor visa applicants must also demonstrate their intention to engage in tourists or business activities of a short-term nature and their intention to return home upon completion of that purpose. Consulate officers may be looking for individuals seeking visitor visas to engage in post-hospitalization status changes.
Even if visa appointments resume, social media review rules provide new grounds for denial of visas. The rejection may be based on INA section 214(b) as there is no more appropriate basis for the rejection. This means that the applicant:
Not fully demonstrated to consul officers [s/he] Eligible for the Non-immigrant Visa category [s/he] applied; and/or failed to overcome the presumption of immigrant intentions required by the law, by fully demonstrating it; [s/he has] Strong bond [his/her] Home country.
Refusals under INA section 214(b) require no explanation and decisions are unreviewable either administrative or judicial. Requests for reconsideration could be forwarded to the same consul officer who made the initial decision.
Currently there is a lack of information available and predictions are ambiguous. The coming weeks will shed light on the actual effects of this behavior and help education and exchange communities develop appropriate responses. On the other hand, it is important to remember that it is just as destructive as a suspending visa booking. It is important to remember that it is not a J-1 program ban and that J, F, and M visas are issued in limited circumstances, including visitors whose appointments are already scheduled, Canadian citizens and citizens, and visitors who are currently acquiring US individuals.
To minimize the likelihood of consul delays and rejection, J, F, and M Visa applicants are advised to check their social media accounts before entering the United States.
Most importantly, perseverance is gold. Since the establishment of 1951 (F Visa) and 1961 (J Visa), the programs and activities supported by J, F, and M Visas have experienced many challenges and have always shown significant resilience and adaptability. These programs are not only an important part of the non-immigrant visa portfolio, but also a major driver of American education excellence and economic success. Thanks to strong partisan support, the J, F, and M visa programs are thriving through both Democrat and Republican administrations, and the council expects this trend to continue in the future.
*The author would like to thank Fragomen, Del Rey, Bernsen & Loewy, Fragomen, Del Rey, and Scott Cooper, Senior Advisor to Bernsen & Loewy, for his help and advice in preparing this article.
Submitted below: J-1 visa
