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Listserv Q&A for
"Whats New In Consular Processing: NIVs, IVs And Waivers"

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Question:

The question is concerning the validity of granted NIV waivers. They are noted on the visa, but suppose that the B-2 visa with the waiver notation is "cancelled" when the applicant changes status to H-1B. Does the waiver have to be readjudicated and appended to the H-1B visa if the alien travels abroad? How about if the alien later applies for adjustment (assuming that the waiver was for something that would not be a permanent bar to LPR status)?

Answer by John Klow:

A waiver approved for B-2 status is limited to those conditions. Change to another NI status requires new consideration of another NI waiver to be issued a new NI Visa and admitted in the new NI status. Application for Permanent Resident status will require approval of a permanent waiver under INA 212(h) authority.


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