The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE.MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.
As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.
Updated FAM:
9 FAM 41.53 N4.1 General Licensure Requirement
for H Nonimmigrant
(CT:VISA-1635; 03-31-2011)
The requirements for classification as an H-1B nonimmigrant professional
may or may not include a license because States have different rules in this
area. If a State permits aliens to enter the United States as a visitor to take
a licensing exam, then USCIS will generally require a license before they will
approve the H-1B petition. However, some States do not permit aliens to
take licensing exams until they enter the United States in H-1B status and
obtain a social security number. Therefore, a visa should not be denied
based solely on the fact that the applicant does not already hold a license to
practice in the United States.
Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
