There is heightened anxiety among the student population that aspires to study in the U.S. as well as students who got stuck in India waiting for a student visa to return to the U.S. to continue their education or optional practical training under an F-1 student visa. One of the biggest causes of concern is the lack of visa appointments.
All students (and most other Indian nationals) need a visa to travel to the U.S. and as per current laws a visa can be granted only after a personal interview except in very specific circumstances when a visa interview may be waived. The U.S. Embassy is taking proactive measures to reassure the student community that they are going to be a top priority and thousands of interview slots became available on June 14, 2021 (and later) to enable most of the applicants to get to the U.S. in time for their Fall Semester.
The following responses to frequently asked questions are based on information gathered during the Facebook Live session hosted by the Minister Counselor for Consular Affairs, Mr. Don Heflin at the U.S. Embassy in New Delhi on June 10, 2021.
Has the U.S. Consulate/Embassy started processing all visa appointments now?
No. Only emergency appointments on a case-by-case basis are being considered.
When are the U.S. Consulates and Embassy expected to open slots for F-1 visa appointments?
Thousands of appointment slots became available on Monday, June 14, 2021 for the month of July and August 2021. However, the Consulates will reserve 25% of the slots which will open in batches around July 1, 2021 and August 1, 2021 for further appointments.
Will students who have joined courses or programs with a start date of August 1, 2021 or later be given a preference over other students for appointments? Also, by when can students travel to the U.S. for their Fall Semester?
Students starting courses in the Fall Semester will not be given preference for appointments. All students will have to visit the ustraveldocs.com website and schedule their appointments based on availability.
Students travelling to the U.S. for courses or programs starting on or after August 1, 2021 can travel to the U.S. 30 days prior to their program start date. These students will not require a National Interest Exception (NIE). All other students will need to separately qualify and be granted a National Interest Exception waiver to travel to the U.S.
If a student has an earlier F-1 visa appointment that got cancelled, will such a student be given preference over other students to schedule appointments?
No, preference will not be extended to students with earlier cancelled appointments. All applicants must book new appointments from the ustraveldocs.com website.
Will parents be allowed to accompany their children travelling to study in the U.S. on B-1/B-2 visas?
No, parents will not be allowed to accompany their children on B-1/B-2 visas. If parents apply for an NIE solely to accompany their child to the U.S. they will not be considered or granted by the U.S. Consulates or Embassy.
Many applicants have noticed that the ustraveldocs.com website blocks user profiles if they make multiple attempts to log in or refresh the system frequently. Why is that?
The ustraveldocs.com system is not equipped to handle a surge of application bookings. Hence, if multiple refresh commands or log in attempts will be made, the user profile will be temporarily blocked. If blocked, the applicant will not be able to log in to the profile for at least 48 hours thereafter.
Do all students need to be vaccinated before arriving at the University? If yes, will U.S. universities accept Indian vaccinations?
It is not mandatory for students to be vaccinated before arrival in the U.S. However, students must check with their university to determine exact requirements and if the university will allow students who have been vaccinated in India to attend classes etc.
Can students travel to join courses starting prior to August 1, 2021 without an NIE?
No, students travelling for the Summer Semester (i.e. any course that does not begin on or after August 1, 2021) will need to obtain an NIE.
If students had already submitted their biometrics for an earlier appointment which got cancelled or for a different visa category, will they be required to submit the biometrics again?
All students who schedule a new appointment with the Consulates on June 14, 2021 will have to complete their biometrics again.
Can students who are travelling to the U.S. for their OPT or CPT programs starting on or after August 1, 2021 travel without an NIE?
Yes, students travelling to the U.S. to commence OPT or CPT programs starting on or after August 1, 2021 do not require an NIE provided they have a valid visa.
Will students going to the U.S. to join a master’s degree course be granted preference as opposed to those going to pursue a bachelor’s degree?
No preference or priority will be given to students travelling to the U.S. to study a master’s degree course.
If a student wishes to attend an educational seminar at an university in the U.S. will travel on a B-1/B-2 visa be allowed?
No, students will not be allowed to travel on B-1/B-2 to attend educational seminars. Also, NIEs will not be granted for such requests.
If a student is currently in the U.S. and requires a new F-1 visa stamp would it be advisable for them to travel to India under current circumstances?
If a student continues to maintain valid F-1 status in the U.S., there is no need to obtain an F-1 visa as long as the student remains in the U.S. If there is an unavoidable need to travel to India, the student will need a visa to return to the U.S. Under current circumstances it would be best to avoid all non-essential travel.
Why can’t the U.S. Consulates and Embassy conduct virtual visa interviews?
For legal and security reasons, the U.S. Consulates and Embassy are not allowed to conduct virtual appointments. They need to see and interview applicants in person and make a decision.
Can students travel to states other than the one they will be studying in the U.S.?
Yes, F-1 students are permitted to arrive in a U.S. state other than the one where they will be studying. However, if a student who is going to study in Atlanta wishes to make his entry via Chicago, he will have to provide a clear explanation for this to the officer at the port of entry.
Will F-2 dependents be allowed to accompany F-1 students in the U.S.?
Yes, F-2 dependents can accompany F-1 students on valid visas, and they do not need a separate NIE waiver.
Does an applicant need a COVID test prior to the visa interview?
No, they do not need a COVID test (with a negative result) prior to a visa interview. However, there are entry requirements, imposed by the U.S. government and implemented by airlines. (PC -Currently you must provide evidence of a COVID-negative test or similar based on a test conducted within 72 hours of travel. It is important to verify the specific requirements frequently before commencing travel to the U.S.)
If a student already has a valid F-1 visa and wishes to change his course/program or university, will he need to obtain a new F-1 visa?
A new F-1 visa is not required if there is a change in course/program or university, but it is essential that the student carries a new I-20 and must be prepared to clearly explain the circumstances to the immigration officer at the port of entry.
Is it necessary for the student to obtain a letter from the university confirming mandatory in-person attendance for his/her course?
No, this is not necessary. However, the student needs to be able to explain his/her circumstances, course of study and choice of university among other things during the interview.
Poorvi Chothani, Managing partner, LawQuest
With inputs from Manizeh Mistry, Deputy Head – U.S. and Global Immigration at LawQuest
The author’s views do not necessarily represent the views of ET Online nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the author’s experiences and the current state of the law and regulations. Please be sure to conduct legal research and analysis, or engage independent counsel for your unique situation as the law and requirements change quickly and the author’s experiences may differ from your own.
