Attorneys at MISPL participated in a webinar organized by the Indo-American Chamber of Commerce on November 18, 2020 with Ms. Kathryn Flachsbart, Chief of Consular Services & Mr. Carlton Benson, Non-Immigrant Visa Chief, both from the American Consulate General, Chennai. We are providing some important take-aways from this webinar.

Emergency Appointment Different from NIE Exception for H-1B

It was clarified that H-1B applicants will not qualify for emergency appointments merely because they qualify for the national interest exception (NIE) under the Presidential Proclamations or being part of the lawsuit. An applicant will have to qualify independently for an emergency appointment (EA). Once the request for an EA is approved, the eligibility / qualification for issuance of visa under the NIE is determined during the visa interview. 

Expect Longer Processing Times for INA 221(g)

The consular posts in India have resumed processing INA 221(g) cases. Although some work is done from home by the consular staff, such INA 221(g) cases need to be processed only at the consular post by the specific officer assigned to that particular case. So, the processing will take longer and will not be as fast as the consular office or the applicants would like it to be.

B-2 Emergency Appointments: Limited to Life and Death Matters

B-2 emergency appointments are to be requested only for matters involving life and death situation or medical emergencies. In addition to raising a request through www.ustraveldocs.com/in, applicants may also write to ChennaiCIU@state.gov.

Regular Visa Appointments Scheduled for Feb/March 2021 Likely to be Cancelled

Visa interview slots that we see in February / March 2021 are mostly placeholders to facilitate non-immigrant visa applicants to raise a request for an expedited appointment. These appointments in February / March 2021 have been created to facilitate this. Ultimately, applicants with regular appointments scheduled in Feb / March 2021 should expect them to be cancelled, unless the consular posts resume regular operations by then.

General Updates:

• Consulate has remained open with limited staff. 
• Consulate is currently processing drop box and interview waiver eligible cases including qualifying B1/B2 applications. As long as the applicant applies for the same visa that is either valid or expired in last 24 months, the applicant can apply through drop box. 
• If one falls sick after scheduling an emergency appointment, s/he should email ChennaiCIU@state.gov to have the interview rescheduled. 
• As much as the consular section wants to resume regular operations, they will have to wait until it is safe to do so.  At this time, they are unable to provide a specific date.
• Consulate has increased the pace of appointments and adjudicating interview waiver cases. 
• First time applicants or applicants who require interview are not being processed at this time, unless they qualify for an emergency appointment. 
• Clarified that the validity of visa application fees is extended until December 2021.
• If an applicant believes s/he qualifies for a business / health emergency, then, the applicant should raise the request for EA. If the consulate does not believe the applicant qualifies for EA, they will let applicant know. It is important to note that only one request for emergency appointment can be made for one fee receipt. 
• For case specific questions, applicants may contact the consular post through www.ustraveldocs.com/in or through ChennaiCIU@state.gov.

We thank the IACC for organizing this meeting that helped to provide so much useful information to benefit so many. We also appreciate the timely information and valuable insights provided by Ms. Kathryn Flachsbart, Chief of Consular Services & Mr. Carlton Benson, Non-Immigrant Visa Chief, from the American Consulate General, Chennai. The attorneys at MISPL appreciate the opportunity to work together to help disseminate valuable information to help all concerned.