SUMMARY: Under the Immigration and Nationality Act (INA), a visa applicant found inadmissible is ineligible for a
visa and for admission to the United States. The INA provides the Secretary of State and consular officers the
authority to recommend that the U.S. Department of Homeland Security (DHS) approve a waiver, of most
grounds of inadmissibility, that will allow the nonimmigrant visa applicant to be issued a visa and seek admission
to the United States. This rule amends U.S. Department of State (‘‘State’’) regulations relating to consular officer
recommendations relating to DHS waivers for nonimmigrant visa applicants, including the requirement
that a consular officer, upon the request of an applicant, must submit a report to State concerning a waiver. Under the
revised rule, consular officers will be required to refer waiver requests to State only when they involve security-related
inadmissibility grounds or, with respect to applicant requests, only if the case meets circumstances where a referral is
required by State guidance. The rule does not infringe current consular officer discretion to refer cases to State
or to make recommendations directly to the Department of Homeland Security.
DATES: This rule is effective on May 6, 2019.
Source: AILA Doc. No. 19050601.
