Inadmissibility Waivers – Optimistic Predictions. 2024 – Sep-11. Recent clarification, specifically on the “significant public interest” category in the Department of State Foreign Affairs Manual (FAM), provides optimism that grounds for inadmissibility could be waived if the applicant has skills that are of a significant benefit to the US government or a US employer. This optimism is a result of the FAM providing additional context for Consular officers in their assessment of the “significant public interest” criterion for granting a waiver of the “inadmissibility” condition. Consular officers are now instructed to consider an applicant’s educational background and skills as a benefit to the public interest, especially if the applicant has a U.S. degree or is qualified for skilled labor and seeks to work in the U.S. in a field related to their credentials. If the applicant overstayed a visa as a young person, had a criminal conviction long ago, or was less than candid in a former visa application in the past, then a waiver may well be possible if that same applicant possesses skills of importance to US industry (such as computer science, oil or mining engineering, or other STEM related skills).
In particular, the Immigration and Nationality Act (INA) identifies grounds of inadmissibility for those seeking to enter the U.S. The INA provides a waiver of inadmissibility if certain conditions apply. *** Admission to the United States would advance a significant U.S. public interest including the positive effect of the planned travel on U.S. public interests described above in 9 FAM 305.4-3(C) paragraph c(3)*** FAM 305.4-3(E)(a)(4).
That waiver can be “expedited” if there is a “clear and significant public interest.” FAM 305.4- 3(F)(a).***Expedite requests must be reserved for cases with an urgent humanitarian need for travel, such as medical treatment or a death in the applicant’s family and cases where there is clear and significant U.S. government or public interest. ***
When a visa applicant submits a waiver request to the U.S. Consulate, consular officers weigh a number of factors (set out in the FAM) when assessing the request, including the recency and seriousness of the activity causing ineligibility, purpose of travel to the U.S., the positive or negative effects of the travel on U.S. public interests, whether the incident was isolated and singular or a pattern, and evidence of reformation or rehabilitation.
The guidelines do not clarify whether “credentials to engage in skilled labor” must be U.S. based or can include qualifications gained outside the U.S. However, it is reasonable to assume that both types of credentials should qualify, given the priority placed on addressing U.S. labor needs in key industries. https://fam.state.gov/fam/09FAM/09FAM030504.html
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