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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.

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