Update on US Consulate Sydney Closure and Visa Interview Backlogs

The situation with US Consulates in Australia is the worst it has likely ever been. The principal cause is the extended closure of the US Consulate General in Sydney which has drawn out for over 9 months now. The reason for the closure given is “Covid Construction Delays” regarding a long-planned move to a new building in North Sydney. However, this is an oversimplification. The plan to relocate the Consulate was supposed to be executed long before the pandemic, but the construction kept drawing out. Eventually, we understand the landlords of the Consulate’s original location (MLC Centre, Martin Place) had enough of the short-term leases and security requirements of the Consulate and declined to offer a lease renewal. Now, we find ourselves waiting for the Consulate General in Sydney to reopen, with hardly any updates given to the public. We understand that the situation is more complex than simply construction delays, but ultimately, the reasons are not important. The fact is that Australia remains without its largest US Consulate and as such almost all nonimmigrant and immigrant visas must be processed through the US Consulates in Melbourne and Perth. These are much smaller facilities and are unable to take up the slack from the closure of Sydney.

The issue is further compounded by the global disruption to US Consular services worldwide. Consulates around Europe are only just starting to recover, and this still means a 2 month wait for routine visa appointments. The US State Department is underfunded, has lost visa fee revenue for two years through the pandemic, and has experienced turnover in staff especially through the Trump Administration. The Department claims to be boosting hiring of foreign service officers, but this will take time to make a real impact in consular services.

As a result, the wait times for nonimmigrant visa interviews for the E-3 visa are very long — if booking now (April 2022) you will not receive an interview until September/October 2022, which represents a more than six month wait. This is unprecedented, as prior to this situation unfolding a long wait time would be just a few weeks.

The wait time for a visitor (B-1/B-2) visa appointment is much worse in Australia — you will wait one year (!) for an interview.

At time of writing, we still have no updates from the State Department or the Consulate General regarding when the US Consulate Sydney is expected to reopen.

Interview Waiver program expanded

The State Department has extended its interview waiver program for certain visa types through the end of the 2022 calendar year. This allows for visa applicants in certain petition-based visa categories such as the L-1, H-1B, O-1, and more to apply by mail if they have ever entered the US before on an ESTA or held a visa in any category in the past. This option should definitely be used by anyone applying in these categories who is eligible as this will result in a return of the visa by post in under two weeks. However, the interview waiver has not been expanded to the E-3 visa.

Renew by Mail where possible

E-3 renewal applicants should renew by mail whenever eligible. The eligibility window for renew by mail in Australia has been extended to 48 months. This means that if you have held an E-3 visa which was valid at all in the past 48 months, you will be able to apply by mail for a new E-3 (even if the employer has changed). There are other eligibility criteria involved.

Applying in other countries

As a way of working around the long wait times for visa interviews in Australia, we have been sending applicants to other US Consulates such as Singapore and London. Singapore has maintained a very short wait time recently, with E-3 interviews available within one to two weeks generally, but we expect this to increase as travel into Singapore becomes easier.

Generally, the larger “hubs” such as these have better consular services at the moment, with larger facilities, more staff, and more resources. Auckland is now becoming an option with their border reopening, but wait times are longer and will become even longer soon as more travel there to apply — expect at least a three month wait for an interview.

Advance planning is required

When relocating employees to the US, advance planning is a must in this environment. Flexibility to travel to other cities/countries is also a necessity if urgency is involved. Generally relocations should now be planned at least six months in advance, and security the consular interview should be step #1. Otherwise, businesses and applicants will find themselves without a visa label and unable to work in the US for many months, or otherwise requiring long distance travel abroad for visa interviews.

We can help

We are consular specialists who can help navigate these significant backlogs. We are able to support applications outside of Australia and have insights into wait times across the world. Careful planning and strategy are required to reduce the burden on business and employees. Contact us and we’re happy to advise a strategy.