PIMS Verification Required for Certain Nonimmigrant Visas
Posted Dec 07, 2007
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The U.S. Department of State (DOS) issued a directive in November 2007 to the U.S. consular posts that the correct procedure for visa issuance in nonimmigrant categories H, L, O, P, and Q will now require consulting an electronic record. The purpose of the Petition Information Management Service, known as PIMS, is to verify that the employer's underlying petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Even if a beneficiary takes an original I-797 approval notice to the interview, previously sufficient basis for visa issuance, s/he now will have to wait until the information is confirmed through PIMS.
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Not Fully in Place, but Verification May Be Effective Immediately
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While nonimmigrant visa appointments can be scheduled on the basis of approved I-129 petitions and I-797 approval notices, per the DOS instructions now in place, no visas may be issued without verification through the PIMS system. Because no further guidance from the DOS has been issued as of this writing, some consular posts are taking the position that the new directive is effective immediately.
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48 Hours for New Approvals to be Available in PIMS
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Seeking clarification on the new electronic record visa issuance procedure, the American Immigration Lawyers Association (AILA) contacted DOS officials who indicated that, as of November 29, 2007, the data on approvals had not been electronically transferred. Where consular notification is requested, however, information on new approvals should be available in PIMS within 48 hours.
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Domestic Clearinghouse Option for Verification
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DOS has stated that, in the event that an overseas consular post cannot obtain verification of an approved petition through PIMS, it may submit a request through a domestic clearinghouse that can confirm with USCIS that a petition has been approved. The DOS, however, has failed to indicate the processing time for such a request or the number of cases it anticipates may not currently appear in PIMS.
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Conclusion
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How quickly or efficiently the new verification process through PIMS will work remains to be seen. Visa applicants who may be affected by this new process are encouraged to plan well in advance of their visa appointments so that they are prepared if the visa issuance takes longer than expected. We will continue to share updated information with MurthyDotCom and MurthyBulletin readers on developments regarding this new system.