Source: Andrew Jackson Law, 3/17/20

H2 processing will continue without interruption for interview waiver (IW) workers.  Except for employers whose workers are being processed this week or whose workers have already been processed at a US consulate or embassy abroad, all H2 employers are in the same boat.

The government has canceled all first-time visa applicant appointments automatically, and as a result, we are being told, plenty of appointments for IW visa applicants are available for scheduling immediately.  As soon a visa applicant receives visa approval from USCIS (an approved WAC number) or if you already have an approved WAC number, then employers should have their foreign agent request appointments for all IW applicants and cross them as soon as possible.  Note that your foreign agent cannot request an appointment without an approved WAC number, and all U.S. consulates in Mexico will be closed for Easter the entire week of April 6-10.  Prioritization will be given for visa processing for employers who already have an approved WAC number and pending appointment.  We still await word as to whether, when and how emergency appointments might be granted for first-time visa applicants and workers who require an interview.

The change in visa processing in Mexico does not affect transfers of workers who are already in the U.S. But note, if you intend to transfer workers, there are new documentation requirements in connection with the Public Benefits Rule, and it will take more time than in the past to compile the necessary paperwork to effect a transfer.

This is and will probably continue to be a fluid situation due to coronavirus concerns. But below is the official response from the State Department.

We are still planning on processing H2A visas, but prioritizing applicants that benefit from Interview Waiver provisions.  We are working with the Visa Office to maximize the number of applicants that could benefit from these provisions under existing statutes and regulations.

Notice to H-2 Petitioners:  In response to the global pandemic COVID-19 the U.S. Embassy in Mexico City and all U.S. consulates in Mexico will cancel routine immigrant and nonimmigrant visa services starting March 18, 2020.  This includes both visa interviews at the consulate as well as processing at the Centros de Atención a Solicitantes (CAS).   

We intend to continue processing H2 cases but will need to modify our procedures in order to facilitate the social distancing recommended by health authorities.  The U.S. Consulate General will prioritize the processing of returning H-2 workers who are eligible for an interview waiver.  Because limited interview appointments will be available, we may cancel some first-time applicant appointments that have already been scheduled.  If circumstances change, we will contact you with additional information.

As a reminder, returning H-2 workers are applicants whose H-2A or H-2B visas have expired in the last twelve months and are now applying for the same visa classification and did not require a waiver the last time they applied for a visa.  Please do not make IW appointments for first-time applicants or applicants who require an interview every year due to law enforcement or immigration violations.  First-time applications will not be processed if they are submitted as returning applicants.

Andrew M. Jackson, Attorney
Andrew Jackson Law P.C.
Physical: 407 College St
Clinton, NC 28328
US mail:  PO Box 27
Clinton, NC  28329-0027
Ofc 910-592-4121
Direct 910-214-6010
Fax 910-590-1012