Visa Administrative Processing: What Is It, How Long Does it Take and What Should I Expect?

A U.S. visa stamp refusal under “administrative processing” means that the U.S. Consulate is unable to approve and issue the visa stamp immediately and needs additional time for review of the application or other related work.  This article seeks to provide information and answers about the often-dreaded U.S. administrative processing visa application outcome.

What is Administrative Processing?

Visa administrative processing is a stage in the visa application process where additional review and scrutiny are applied to certain applications before a visa can be issued.

Generally, upon review of a visa application by the U.S. Consular Officer (or visa officer), there are two outcomes:  the visa officer can either approve or refuse the visa.    If the applicant has not demonstrated that they are eligible for the particular type of a visa, the consular officer must refuse the application but in many situations the visa officer will determine that additional information (from other sources and which information is not readily available at the time of visa application) may help the applicant establish eligibility.

In such cases, refused visa applications are put into “administrative processing.”  This phase is distinct from the initial processing steps and may involve further investigation into an applicant’s background, security clearance checks, or the verification of documentation. The purpose of administrative processing is to ensure the accuracy and reliability of information provided by applicants and to maintain the security and integrity of the visa issuance process.

What is Visa Refusal Under Section 221(g)?

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means that the visa applicant did not establish eligibility for a particular visa to the satisfaction of the consular officer. When an applicant is refused under 221(g), it means that the visa officer has determined that the applicant was not eligible for a visa upon review of the application and after an interview.    In such cases the visa officer will indicate to the applicant whether the applicant is required to provide any further documentation or information, or whether the case requires additional administrative processing.

Refusals under section 221(g) can most definitely be reversed.   If the visa officer requests specific documents and the visa applicant provides them promptly, a section 221(g) initial refusal can be reversed in a manner of days (even though often the applicant may be granted up to one year to provide any requested information).

Similarly, a section 221(g) refusal may mean that administrative processing is required and in this case generally it is up to the consulate to conduct internal checks before they can process and approve the visa.

What Are the Most Common Reasons for Administrative Processing?

During visa administrative processing, additional review and scrutiny are applied to a visa application by the U.S. Department of State. The specific procedures and actions taken during this phase can vary depending on the nature of the case and the type of visa being applied for.

These are the top administrative processing reasons.

1. Documentation Review: The consular officers may scrutinize the submitted documents more closely, verifying the authenticity of supporting materials such as educational certificates, employment letters, or financial statements.  This is a very common reason for petition-based visa applications such as H-1B, L-1 and others.    Sometimes the consulate is not able to locate a digital copy of the petition in the “PIMS” database and they need to request and wait for the files to be made available to them for verification.
2. Security Clearance Checks: The U.S. authorities may conduct thorough security checks to ensure that the visa applicant does not pose any security risks. This could involve collaboration with various U.S. government agencies to verify information and assess potential concerns.
3. Background Verification: The applicant’s background, including education, employment history, and travel patterns, may undergo detailed verification to confirm the accuracy of the information provided in the visa application.
4. Interview or Additional Information Request: In some cases, applicants may be called for a second interview, during which consular officers seek additional clarifications. Alternatively, the embassy or consulate may request further documentation or information to complete the evaluation.
5. Technology Alert List Screening: Applicants may be screened against various U.S. government watchlists or databases, such as the Technology Alert List, to ensure compliance with regulations related to sensitive technologies and national security.
6. Case Re-evaluation: The entire visa application may undergo a comprehensive re-evaluation, taking into account any new information or changes in circumstances that may have arisen since the initial submission.    This most often happens when the visa officer has serious concerns about the petition and/or visa and is seeking additional extensive review and potential fraud or misrepresentation review.
7. Coordination with Other Agencies: The U.S. Department of State may collaborate with other U.S. government agencies, such as the Department of Homeland Security, the Federal Bureau of Investigation (FBI), or intelligence agencies, to gather additional information or insights into the applicant’s eligibility for a visa.

How Long Does it Take to Complete an Administrative Processing Review?

It’s important to note that the duration of visa administrative processing can vary widely, ranging from a few days weeks to several months.   There is wide variation in terms of processing time depending on the reasons for the administrative processing and the consulate which is reviewing the application.   Often the applicant may not know what is the cause of the administrative processing; however,  in many cases we are able to get a good feel by getting a sense of the questions and discussion that has taken place during the visa interview.

We urge visa applicants to plan well ahead for their appointments and to always have a backup plan in the event that their visa is delayed due to administrative processing.

For example:  an H-1B workers who gets stuck under administrative processing may, with proper planning,  be able to continue working remotely for their U.S. employers while they are waiting the completion of the administrative processing.

How Can I Minimize the Risk of Administrative Processing?

Visa applicants should be fully-prepared for their visa interview.   Depending on the visa type being applied for, visa applicants are expected to prepare and bring a number of supporting documents.    We urge visa applicants to carefully read and follow the particular visa application instructions.    It is hard to be over-prepared for a visa interview – we recommend following the principle, “When there is doubt whether a piece of information or a document may be required, it should be prepared and brought along to the interview.”

Applicants should provide information and documents that are consistent and thorough.   For petition-based visas (such as H-1B, L-1 and others), visa applicants should be very well familiar with the terms of their employment, including position and project details and similar.   Applicants should be ready to address and explain discrepancies or inconsistencies – for example,  if there is a prior U.S. visa overstay or if the applicant has a degree in a field unrelated to the position for which a work visa is sought.

(How) Can I Expedite the Administrative Processing?

Other than being thoroughly prepared with the visa application (see above),  there are a few steps that can ensure that the administrative processing is as short as possible.

First, if any documentation or information is requested by the consulate, it is important to submit it in response as soon as possible (but also to submit as thorough documentation as possible).    It is important to try to understand the reasons for the request (our office can help in analyzing the situation) and adjust the response accordingly.

Contacting the consulate is appropriate after a reasonable period of time has passed without response.   We caution that consulates are generally backlogged and they may not be able to provide a substantive response (fast).   Different consulates have different contact methods so we recommend checking and following their contact instructions.

Urgent or humanitarian circumstances – if there is a genuine emergency or urgent need to travel, the applicant may be able to either convey this to the visa officer during the interview or seek to expedite after the interview and during the administrative processing.   Applicants should be ready to explain (and document) the emergency nature of their request.

In limited situations it may be possible to seek legal or congressional assistance in resolving long delays under administrative process.     Generally, this option should be followed after other methods have been exhausted and after extensive administrative processing delays.

Section 221(g) and Administrative Processing Must be Disclosed During Subsequent Visa Applications

Technically, even if a visa approval follows shortly after section 221(g) refusal or administrative processing, this is still a visa refusal.   As a result, in any future visa stamp submissions the applicant must answer YES to the question whether they have ever had a visa refused.   A quick explanation that there has been a section 221(g) delay, followed by approval, will be sufficient.

Conclusion

Our office routinely assists and guides visa applicants throughout the visa application process.  Please do not hesitate to contact us or schedule a phone consultation if we can help with a (future) visa application or perhaps one which may be stuck in administrative processing.   Also, please subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.