STATE DEPARTMENT REVISES H-1B LICENSE GLITCH

The U.S. State Department issued a correction to the Foreign Affairs Manual. 9 FAM 41.53 N4.1 revised on 3-31-11 states as follows: "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." CT:VISA-1635. This is not new news because USCIS has been applying this standard for years, but it was not reflected in the consular regulations. Of course, none of this would matter if the government will be shut down and consulates will cease issuing visas.