Travel Advisory: Possible Delays in Visa Issuance at U.S. Consulates

We want to remind all of our clients that the process and time frames for obtaining a visa stamp at a U.S. Consulate abroad remains unpredictable. In addition to the delays sometimes associated with security checks, visa applicants now face a new development.

In December 2007, the U.S. Department of State (DOS) launched a new initiative called the Petition Information Management Service (PIMS). Under this system, a DOS data center known as the Kentucky Consular Center (KCC) serves as the point of contact between USCIS and all U.S. Consulates concerning details of approved petitions in the H, L, O, and P nonimmigrant visa categories.

U.S. Consulates are specifically prohibited from issuing a visa in one of these categories unless the consulate can confirm the approval of the petition by USCIS through use of the PIMS database. The sole exception would be in the case of blanket L-1 petitions filed directly with U.S. Consulates abroad.  Presentation of an original I-797 approval notice, by itself, is no longer sufficient to issue a new visa stamp. If an electronic record of the approved petition does not appear in PIMS, consular officials are instructed to send an email to the KCC to request that it contact USCIS to verify the approval of the petition shown on the I-797 approval notice. The turn around time for a response to the U.S. Consulate from the KCC is normally 1-2 business days, but there is no guarantee of that time frame.

The major problem with the PIMS system is that it only captures data from the USCIS database concerning petitions for "new employment." PIMS does not hold any electronic records for amended petitions, extensions or changes of status. A "fix" for this omission was just announced by USCIS and the problem should be resolved going forward. However, those individuals who, in the last 3 years, were the beneficiary of an amended petition, extension or change of status will face delays of at least 1-2 business days in obtaining their passport and visa stamp after the interview.

Before booking flights and traveling abroad for a visa appointment, we recommend that individuals contact the U.S. Consulate to schedule an interview and ask about the anticipated time frame to get their passport and visa stamp back. Many U.S. Consulate websites contain this information as well, but it may be out of date and should not always be relied upon as accurate. Please remember that longer delays can and do happen in isolated cases and one should be prepared for this possibility.