February 17, 2012 - The Embassy of the United States in London has alerted attorneys that visa services will be limited during the summer months of July and August in all nonimmigrant visa (NIV) categories. In anticipation of this delay, the Embassy recommends that all nonimmigrant visa applicants apply early to ensure appointment availability. In particular, the Embassy has recommended that individuals planning to travel to the U.S. using the Visa Waiver Program submit the request for authorization now under the Electronic System for Travel Authorization (ESTA). If the ESTA registration request is denied, travelers will need to schedule and attend an appointment for a visa.
The Embassy has also announced that the Visa Reissuance Program has been expanded to include H-1 visa applicants and derivatives renewing a visa of the same classification that has expired in the last twelve months. Initially, the Program was applicable only to O, P, J and C-1/D visa applicants. In addition to satisfying the criteria relating to visa type and expiry date, applicants must also be physically present in the United Kingdom to participate in the Program. Applicants wishing to use the Program should visit the Embassy’s website for details on qualifying criteria (http://london.usembassy.gov/visa-reissuance.html).
BAL Comment: The announcement of limited NIV services is directly related to the anticipated 2012 Olympic Summer Games, being held in London from July 27, 2012 - August 12, 2012 (Olympics) and August 29, 2012 - September 9, 2012 (Paralympics). Clients are advised to schedule an appointment as early as possible to ensure that they are able to travel as scheduled.
In addition, the expansion of the Visa Reissuance Program to include the H-1 category and dependants will make the renewal process of H-1/H-4 visas less cumbersome. The Embassy has clarified that applicants must be applying for the same class of visa, so an H-4 visa holder may not use the Program to have a visa issued in the H-1B category (and vice versa). This interpretation varies by consulate. BAL will continue to monitor this interpretation and notify clients of any change to the policy.
- Berry Appleman & Leiden LLP