For a recent position for which an offer has been made, a colleague of mine has been waiting for more than eight months for a visa to be issued. Is there any reasonable point at which it makes more sense to try to withdraw the offer (as the candidate has been unable to secure a visa, which would enable him to work) and look for a replacement? Or must the offer "stand" until a final visa decision has been made (even if there's no such date in sight, as is the case here)?
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2Problematic but are there special circumstances why a visa cannot be issued and are there known issues with visa issuing bodies? would it be possible to be a little more specific about countries, since I think the answer may vary on those grounds. Not that I mean it makes a difference from an ethical point.– Peter JanssonCommented Jul 10, 2015 at 12:09
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7Which country are you talking about?– Dmitry SavostyanovCommented Jul 10, 2015 at 12:09
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4The student hails from what the US would consider a "sensitive" country. I don't want to go into more details to respect my colleague's privacy.– aeismailCommented Jul 10, 2015 at 12:37
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2Isn't your university's International Office helping out? What do they say?– Bill BarthCommented Jul 10, 2015 at 15:29
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5It's not the student's fault that USCIS and the State Dept behave like this towards watchlist countries. Escalate the matter immediately to your dean, university president and International Office and have them contact both USCIS, the State Dept, USCIS Director Leon Rodriguez and SecState Kerry and local Congressmen, Senators, esp. ones involved with oversight on immigration. Document the disruption and cost this delay has caused the research work. SecCommerce Penny Pritzker and SecLabor Thomas Perez might or might not be useful too.– smciCommented Jul 10, 2015 at 16:55
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2 Answers
Visa issues can be seriously problematic, especially given the high degree of arbitrariness that is often applied toward people coming from disfavored countries in the developing world. For example, consider the apparently arbitrary visa denials faced by students coming to the US from Iran.
Given this I would recommend using the following criteria in making a decision:
Is the person being reasonably aggressive in acting to secure a visa? If the student is attempting to secure a visa and being blocked/slowed by outside forces, time to secure the visa should not be held against them. If the person is not bothering to act towards securing a visa, then it's the same as not bothering to physically move, and they can be let go with a clean conscience.
Is there a concrete time limit on the funds? If external requirements mean the money is on a short-term "use it or lose it" status, e.g., a 1-year externally funded project that includes a task for a postdoc, then the person may be disqualified through no fault of their own by the circumstances. In this case, I think it is appropriate to put the deadline early enough to have a reasonable chance at hiring an alternate person to fill the post. The deadline should be made clear to candidates as early as possible, however.
If the timeline can be flexed and the person is being reasonably aggressive in pursuing the visa, however, I think that it is morally important for the ideals of science to continue to extend the offer. Science should be, to the extent possible, practiced openly for the general benefit of humanity, and it needs all of the diversity of strong intellectual contributors that it can obtain, no matter where they may originate, so long as they are honest and open contributors. Giving a person time for visa issues to resolve is one small but important thing that an individual scientist can do to support that ideal.
answered Jul 10, 2015 at 12:45
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3In case (2), one should still contact the funding body to explain the situation and request a no-cost extension. Commented Jul 10, 2015 at 17:55
This varies wildly between countries, and with how much you're willing to pay. A given consulate may expedite requests if paid an additional amount, but even then they are likely to include clauses about how exceptional cases may take an exceptionally long time no matter what.
You can find details on visa processing times and other visa information at the travel.state.gov site. The processing time (time to mail out the acceptance/denial) says it takes about a day if it's the US consulate in Tel Aviv; the Baghdad consulate is currently closed; and the Kabul, Afghanistan consulate takes about 33 days to arrange an appointment and then about 4 days to process.
As for the intervening time between an interview and completion of processing, meaning the time to actually make the decision, the site says the following:
Administrative Processing
These estimates do not include time required for administrative processing, which may affect a small number of applications. If necessary, this additional processing is usually resolved within 60 days of application, though some cases may take longer. When administrative processing is required, the timing will vary based on individual circumstances of each case.
Administrative Processing Information
Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their visa, well in advance of the anticipated travel date.
Important Notice: Before making inquiries about status of administrative processing, applicants or their representatives will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.
About Visa Processing Wait Times – Nonimmigrant Visa Applicants
Information about nonimmigrant visa wait times for interviews and visa processing time frames are shown on this website, as well as on U.S. Embassy and Consulate websites worldwide. It should be noted that the “Wait Times for a Nonimmigrant Visa to be Processed” information by country does not include time required for administrative processing. Processing wait time also does not include the time required to return the passport to applicants, by either courier services or the local mail system.
You may be able to find additional information on expected timeframes on the website for the specific consulate.
Eight months sounds like a lot to me, but there's always the fine print that sometimes it takes a lot longer.
If you haven't already, I would request that the relevant candidate make inquiries with the consulate they applied for their visa at about the status of their application, and if there are any additional details or documents that they want.
As for withdrawing the offer and pursuing someone else, the conditions for this may be spelled out by whatever is providing the funds. Worst case, consulting with your chair or your dean (who is, ultimately, responsible for approving all hires) would be appropriate.
People have lost positions due to visa problems before. While I was doing my Ph.D. a hire from a "sensitive country" was made, but ultimately his visa was denied and the department had to scramble to find at least a lecturer to cover his teaching load.
answered Jul 10, 2015 at 13:00
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1"I would request that the relevant candidate make inquiries with the consulate they applied for their visa at about the status of their application, and if there are any additional details or documents that they want" Of course they've been doing this for months, and USCIS is giving them the runaround. That's why it needs to be escalated. By the university, not them. USCIS routinely f***s things up, and has near-zero accountability.– smciCommented Jul 10, 2015 at 17:39
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4What you're missing here is that "background checks" and associated delays are not disclosed to the applicant. I had a coworker who (although he'd already been in the US for ~6 years on a H1B ) encountered unexplained delays with the background check on his H1B renewal, and had to sit in Bangladesh for 13 months, through no fault of his own, until the USCIS finally got their act together. Luckily, his employer did not fire him, and we all put in a good word for him because he was a useful guy and we needed him. But most employers would have fired him, or not held his job open.– smciCommented Jul 10, 2015 at 17:43
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@smci I hadn't specifically thought of that at the time, but that would certainly be one of the reasons that the timescale is vague and noncommittal. Commented Jul 11, 2015 at 7:27