3 Ways President Biden Will NOT Change U.S. Visa Rules

In my last post I outlined 3 significant ways that President Biden would change U.S. visa rules. Although his focus will be ending Trump-era programs that were put in place to restrict visas and immigration, there are areas where he is unlikely to make significant changes. Below are the 3 most important areas where President Biden likely will NOT change U.S. visa rules

COVID-19 Related Visa and Travel Restrictions Will Remain

Among the Trump Administration’s executive orders on visas and travel were provisions put in place to prevent the spread of COVID-19. The Biden Administration’s top priority is managing the pandemic response and so it is likely he will be slow to reverse all COVID-19 related executive orders, particularly from countries experiencing renewed outbreaks or virus mutations. Don’t expect action until COVID-19 case numbers are declared to have stabilized both in the United States and in affected countries.

USCIS Funding Shortfalls Will Continue

USCIS is a fee based agency. This means that its operations are funded by the fees it collects from visa applicants. During COVID-19 a large percent of the agency’s workforce was furloughed because of funding shortfalls caused by the pandemic’s sharp decline in travel and immigration related action. This will not quickly reverse and Congress is unlikely to significantly top up the agency’s budget. This means that the backlog for services like petition approval and non-immigration status extension will continue for some time.

U.S. Embassies and Consulates Will Remain at Partial Operating Status

The Biden Administration will not allow American or local staff to return to non-emergency levels at U.S. embassies and consulates around the world until COVID-19 numbers are at a low enough level that the government feels it is safe to do so. This means that the current partial operating status that many posts are operating under, as well as the full closure of other posts, will continue for the time being. As summer 2021 approaches this may start to change, but that outcome is far from certain worldwide.

If you are concerned how ongoing restrictions will impact your visa application, consider requesting a service from The Visa Officer to get expert guidance on your case.