A district court has ordered the U.S. government to provide relief to approximately 41,000 nonimmigrant visa applicants who were denied a waiver during the Trump administration’s travel ban and who have not subsequently been granted a visa. The court said that the government will notify these 41,000+ individuals directly through the Consular Electronic Application Center and indirectly through the Department of State’s website, and will advise them that they may reapply for a nonimmigrant visa without paying a second fee.
The government may set a reasonable time limit for them to reapply, the court said. No refunds will be provided to any individuals who may have already reapplied and paid a second fee.
By February 17, 2023, the government will file: (1) a proposed schedule for providing notice; (2) proposed language for the notice; and (3) whether updated materials will be required, and if so, the relevant statutory or regulatory citation for any such materials.
- “Over 41K Visa Seekers Denied By Travel Ban Can Try Again,” Law360, Feb. 10, 2023 (registration required)
- Emami v. Nielsen