LATEST NEWS ALERT: Updated Guidance for Visa Processing in 2025 - (03/21/25)
Over the past year, since the April 2024 implementation of a new fee rule and changes to visa processing at U.S. Citizenship and Immigration Services (USCIS), many arts petitioners have reported increased processing delays and in some cases, rejection of petitions without clear explanation. Under a new U.S. presidential administration that calls for a reduction in the federal workforce and enhanced security vetting, as well as plans to announce a new travel ban in the coming days or weeks, there are a few best practices and changes visa petitioners and international artists should be aware of:
- Always use the most recent edition of the Form I-129, especially in light of the version posted on January 17, 2025. Previous editions of the I-129 will be rejected. Always download and use the latest available version directly from USCIS.
- Double-check, then triple-check that you have completed Form I-129 as fully as required in the appropriate spots, especially when accessing a reduced fee. Check the sample petitions in the Appendix for helpful reminders and review the detailed tips from our April 2024 news item.
- Note that for consular processing, there has been a change in policy for requesting an interview waiver. In addition to the requirements that applicants must apply in their country of nationality or residence; have never been refused a visa (unless such refusal was overcome or waived); and have no apparent or potential ineligibility, this is newly restricted such that certain beneficiaries – such as O and P guest artists – must have previously held a visa in the same category that is being requested, and that previously held visa cannot have expired more than 12 months prior to the new application. (In other words, if hoping to waive an in-person interview for an O-1B visa, the beneficiary must have previously received an O-1B visa before, and that most recent O-1B visa cannot have expired more than a year ago, from the time this new waiver request is being made).
- When entering on a work visa, beneficiaries should be ready to articulate clearly and confidently the nature of the work, role, and organization or project that they are involved with. When in doubt, consult a qualified attorney as to what activity requires which type of visa.
- When entering the U.S., Customs and Border Protection (CBP) automatically generates a digital record--what used to be a physical I-94 card or stamp that went into one's passport--that confirms that a beneficiary is legally admitted into the U.S. and for what duration. International visitors are encouraged to access your CBP I-94 record and make sure it reflects the correct status and dates before leaving the airport. Then, when possible, print out a hard copy of the I-94 information or take a screen shot.
- While in the U.S., you should be sure to carry with you your I-94 information, as well as all document and petition excerpts (or be able to find and locate them) so you can be prepared to present them as needed.
All indications point to enhanced scrutiny of petitions and beneficiaries, which means the entire process from USCIS approval, consular process, and entry into the U.S. require careful preparation and as much time to navigate as possible. With U.S. embassies ordered to reduce staffing by 10%, it is expected that services across the board will take longer, so all parties should plan accordingly and take care not to cut the timing too short.