by Chris Musillo


The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE.MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.


As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.


Updated FAM:


 


 


9 FAM 41.53 N4.1 General Licensure Requirement


for H Nonimmigrant


(CT:VISA-1635; 03-31-2011)


The requirements for classification as an H-1B nonimmigrant professional


may or may not include a license because States have different rules in this


area. If a State permits aliens to enter the United States as a visitor to take


a licensing exam, then USCIS will generally require a license before they will


approve the H-1B petition. However, some States do not permit aliens to


take licensing exams until they enter the United States in H-1B status and


obtain a social security number. Therefore, a visa should not be denied


based solely on the fact that the applicant does not already hold a license to


practice in the United States.


Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.