Possible Visa Application Delays Due to New Department of State Processing Procedures

The United States Department of State (DOS) has recently implemented usage of the Petition Information Management System (PIMS) at U.S. consular posts. Under the new system, I-129 H, L, O, P, and Q petitions requesting consular notification are sent to the DOS’s Kentucky Consular Center (KCC) after approval by the U.S. Citizenship and Immigration Services (USCIS). The KCC enters data from the petition into PIMS and performs database checks for evidence of fraud, violations, or other adverse history and records. Under new procedures, before a DOS consular post may grant a visa based on an approved petition, including visas for spouses and children of foreign workers, it must confirm the approval of the petition in PIMS. Presentation of an original Form I-797 approval notice or attorney-certified copy of the petition will no longer be sufficient evidence of approval without PIMS confirmation.

Many requests for confirmation of a petition in PIMS receive a rapid response. There are reports, however, that the new system is experiencing some technical difficulty, which may cause delays in visa issuance. In addition, it appears that the USCIS is not reporting the approval of all change of status or extension petitions to the KCC. The DOS expects the delays to be temporary, and once technical issues are resolved, the necessary information will be immediately available to the requesting consular post.

How This Affects You

The new PIMS procedures may cause delays in visa issuance. Please make visa application appointments and travel plans accordingly, especially during this busy travel season. Should you encounter any difficulty during the visa application process, please feel free to contact Morgan Lewis.

We will keep you informed of any additional updates regarding this new guidance. If you have any questions about any of the issues raised in this Morgan Lewis Immigration Alert, please contact:

San Francisco
A. James Vázquez-Azpiri
415.442.1343
ajvazquez@morganlewis.com

Lance Nagel
415.442.1345
lnagel@morganlewis.com

Washington, D.C.
Eleanor Pelta
202.739.5050
epelta@morganlewis.com

Eric S. Bord
202.739.6040
ebord@morganlewis.com

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