The visa forms and processes may be different for different types of US visas, but there is one thing common to all visas – the visa interview. All visa applicants will be interviewed at an American embassy or consulate. There are very few exceptions. At the end of the interview, the consular officer will decide whether to approve or deny the visa application.

US immigration law determines whether a visa application is approved or denied. There are several reasons for denial. Based on the law, the reasons vary. Sometimes visa applications are denied due to insufficient information, missing documents, incomplete application, etc. In such cases, providing the missing information or documents allows the application to be reconsidered. There are other reasons which make the denial permanent. Things like drug or criminal activities make a person ineligible for a visa permanently.

There are instances when a person found to be ineligible for a visa can get a waiver. After adjudicating a visa application, the applicant is informed whether the application has been approved or denied. When an application is denied, a reason is provided for the denial. The conuslar office also mentions whether applying for a waiver of the ineligibility is possible.

Ineligibility for a Visa

US immigration laws and the Immigration and Nationality Act (INA) list the reasons for ineligibility for a visa. Ineligibility means the applicant does not meet certain requirements. Some ineligibilities are temporary and can be fixed by the applicant or the US petitioner for some immigrant visa cases. Other ineligibilities are permanent and the applicant will always be found ineligible under that section of law how many ever times he or she chooses to make an application. This is the case always, unless the Department of Homeland Security (DHS) allows an application for waiver of that ineligibility.

List of Visa Ineligibilities

Travel.state.gov lists some examples of visa ineligibilites as given below:

The visa applicant:

• Did not fully complete the visa application and/or provide all required supporting documentation – INA section 221(g)
• Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant – INA section 214(b)
• Did not demonstrate proof of adequate financial support in the United States; therefore denied under public charge – INA section 212(a)(4)
• Misrepresented a material fact or committed fraud to attempt to receive a visa – INA section 212(a)(6)(C)(i)
• Previously remained longer than authorized in the United States – INA section 212(a)(9)(B)(i)

Applicants can refer to the website for a complete list of all visa ineligibilites.

Re-applying After a Visa Denial

An applicant whose visa application was denied may re-apply for a visa in the future. If the visa was denied under INA section 221(g), the applicant will either have to provide the information or documents requested by the consular officer or wait for additional administrative processing to be done. In this case, there is no need for a fresh application. For visas denied under sections other than 221(g), the applicant will have to file a new application and pay the required fees again. Proof of change in circumstances since the previous application need to be provided.

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Changes in rules for US J-1 Summer Work and Travel (SWT) Program

The US Department of State has issued new regulations and vital reforms to the J-1 Summer Work and Travel Program. This is a program which brings more than 100,000 students from foreign colleges to the United States, every year.

These changes are a result of various allegations regarding the misuse of this student work visa program recently. The US State Department had received reports regarding the widespread misuse of the student work visa program in the year 2010.

Many the foreign students who entered the United States on US J-1 visas were found to be employed in strip clubs and many students were admitted to work under compulsion. Many other foreign students who had entered the United States on US J-1 visas were also found to be living and working in highly lamentable conditions.

The main intention of this US student-exchange program is to understand the American culture. But this program has resulted in nothing other than swaying away from the purpose for which the act created. Hence the State Department decided that new tougher rules will definitely stop such misuse of the very popular student-exchange program. New rules will make sure the foreign students who enter the United States will be treated fairly. The new rules will also see to the safety, security and welfare of the foreign students in the United States. It will also see to that the foreign students get jobs where they will interact with the Americans and get an exposure to the culture of the United States.

This US SWT program is very popular because, it attracts a large number of foreign students to enter the United States and work there for a period of four months. Around 100,000 foreign students come to the United States every year under the US J-1 Summer Work and Travel Program.

This program was created to give opportunities to the post-secondary international students to come to the United States and earn, along with experiencing the American culture, during their summer holidays.
Eligibility requirements to participate in this US SWT Program is very simple. A student who is pursuing full-time studies or a degree at any of the accredited educational institute or a bona-fide student of post-secondary education is eligible to apply for the US SWT Program.

Certain new rules will be effective immediately. Few other new rules will take effect in November. One of the significant rules which would prohibit the participants from working in manufacturing and construction industries, will also be effective in November. The rules also prohibit the participants from working in businesses in which the primary working hours are between 10 p.m. and 6 a.m.

Few new rules are designates 49 companies the State Department as official “sponsors,” who would help the students to get visas, find jobs and housing. It will also ensure that the participants are treated decently. The State Department also wants the employers to ensure that the jobs that are offered are genuinely seasonal and temporary and it will not displace US workers. Through this program, the participants are required to come to the United States during their summer breaks.

Employers who hire foreign students over an American can save up to 8 percent because they need not pay Social Security, Medicare and unemployment taxes. The foreign students are also required to have their own health insurance.

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