by Chris Musillo

For much of the second half of 2016, the US Embassy at Manila has been delaying Visa appointments because of a bad interpretation of law. Through the combined effort of MU Law, AAIHR, and AILA, it appears that the Manila Post will no longer incorrectly interpret these visa applications, which should lead to speedier visa issuance.

The Manila Post was incorrectly readjudicating previously approved green card applications. In some instances, these applications were several years’ old. The Post would often ask for updated prevailing wage determinations, posting, and labor certifications. MU Law and the AAIHR, through AILA and other communication channels spent much of the second half of 2016 explaining in detail why these readjudications were contrary to law. These interpretations were limited to the Manila Post. Other Posts were not readjudicating these types of applications.

The Post has confirmed that they agree with our legal position and will no longer readjudicate these applications. The Post has also set out a framework to prioritize these types of matters.

In the last week or two, MU Law has noticed that visa application delays have ceased, which likely is the result of this Manila Post policy change. MU Law commends the Manila Post on its willingness to dialogue on this issue.

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