Top Frequently Asked Visa Questions Answered [October 2021 Update]

H1B VISAS

The United States Embassy and Consulates in India are currently processing existing H1B visa appointments and are taking new appointments as conditions allow for more. If you are located in the United States and need to renew your visa, it is recommended that valid visa holders reconsider travel to India to renew the visa there. If you are an applicant currently residing in the United States who wants to extend their legal stay can do so by contacting the United States Citizenship and Immigration Services department here. Non-essential travel to India is greatly discouraged because of the limited nonimmigrant visa appointments and significant processing delays. If you plan to travel to India, be prepared for an extended stay.

Do I need an NIE?

Normally you would need an NIE even with a valid H1B visa. However, if you do not fall under the category of those subject to the Presidential Proclamation 10199, you will not require an NIE. Those who the proclamation does not apply to includes:

  • Any non-U.S. citizen spouse of a U.S. citizen or legal permanent resident (LPR),
  • Any non-U.S. citizen who is the parent or legal guardian of a U.S. citizen or LPR, provided that the U.S. citizen or LPR child is unmarried and under the age of 21,
  • Any non-U.S. citizen who is the sibling of a U.S. citizen or LPR, provided both the non-U.S. citizen and the U.S. citizen or LPR sibling are unmarried and under the age of 21,
  • Any non-U.S. citizen who is the child, foster child, or ward of a U.S. citizen or LPR, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classification

If you are not subject to the proclamation because you have a United States citizen minor child, you do not need to be traveling with your child to re-enter the United States without an NIE. You are allowed to enter the United States with or without your child.

APPOINTMENTS/ INTERVIEW

Routine IR-5 appointment scheduling has resumed through the National Visa Center and are now accepting rescheduled visa appointments. Appointments will continue to be added, but are likely to fill up quickly.

If your immigrant visa interview was cancelled, you can now reschedule your appointment when you are contacted by the Consulate. Availability for rescheduling may be very limited. Furthermore, in keeping with Department standard practices throughout the world, immigrant visa processing in India is consolidated and only available at the Consulate General Mumbai. Immigrant Visa interviews are not offered in Chennai, Kolkata or Hyderabad. New Deli does handle limited immigrant visa categories which include: (1) adoptions; (2) returning residents (SB1s); (3) and special immigrant visas (SIVs).

For those looking to schedule an F4 immigrant visa appointment, at this time the United States Consulate General Mumbai is only providing essential services to U.S. citizens and very limited visa services. Those who were supposed to have appointments, and were cancelled, in April-May of 2021 and Spring 2020, will be contacted by the Consulate in chronological order and by visa category on how to proceed.

The Consulate will be resuming 221(g) submission and the reissuance of expired visas in all categories, and the scheduling of routine cases through the National Visa Center, by visa category, as public health conditions allow. If your 221(g) case has been refused under the Presidential Proclamation 10199 in Hyderabad, you are free to apply to another consulate at any time, but a 221(g) refusal due to the Proclamation will be applied equally at all of the United State consular offices within India.

Lastly, B1/B2 visas from India are currently restricted under the Presidential Proclamation 10199 and therefore no B1/B2 visa interviews are being conducted unless in an emergency situation. If you believe your circumstances qualify as an emergency you can apply for an emergency appointment. At the time of the interview an NIE will also be processed.