CHARLOTTE, N.C. – A Charlotte lawyer says a bureaucratic loophole is holding up legal visa applications and millions of dollars in economic impact.

What You Need To Know

  • "Administrative Processing" can leave visa applications in limbo, indefinitely

  • The number of non-immigrant visas granted has dropped each year in the Trump Administration

  • Some have seen an increase in applications going into administrative processing

In May, President Trump suspended green cards and many work visas through the end of the year in "a move to help protect American jobs." 

For visas still open, there's a bureaucratic black hole that can leave applications pending indefinitely.

When a foreign national applies for a visa, immigration officials should accept or reject it, but more and more applications are delayed for "administrative processing."

"There's nothing we can do. We just have to wait for them to get back to us," said Sherrod Seward of Sherrod Sports Visas. Seward is an attorney who helps athletes and entertainers get work visas. 

Administrative processing is meant for when more information is needed for a visa application. But the application can be tied up indefinitely, without any guidance on what information is required.

The Department of State said they don't release the number of visa applications tied up in administrative processing. 

"I think it's being used to limit the amount of people coming in from certain countries," Seward said. 

Seward gets "non-immigrant" visas for athletes. State Department records show that the number of non-immigrant visas dropped each year during the Trump administration to roughly 8.7 million in 2019, compared to more than 10 million during the final year of the Obama administration. 

Full statement from a State Department official:

“National security is our top priority when adjudicating visa applications. Every prospective traveler to the United States undergoes extensive security screening.  

Applicants sometimes require additional assessment to determine whether they are eligible for a visa.  The term “administrative processing” may refer to various additional steps that must be taken.

Before issuing any visa, we must ensure that applicants do not pose a security risk to the United States and otherwise are eligible for a visa.  If an applicant requires additional screening for whatever reason, we will not issue a visa until that screening is complete. 

Maintaining robust screening standards for visa applicants is a dynamic practice that must adapt to emerging threats.  We are constantly working to find mechanisms to improve our screening processes and to support legitimate travel and immigration to the United States while protecting U.S. citizens.”

Rep. Alma Adams’ office said they’ve seen an increase in the practice and are currently working with The Department of State and The U.S. Citizenship and Immigration Serviceson more than 100 pending visa applications. 

Full statement from Rep. Alma Adams Spokesperson: 

“Yes, there is an increased number of cases that fall in the administrative processing category. This can occur while a case is still in the jurisdiction of USCIS as well as when a case is in the jurisdiction of the DOS. 

"The issue may be due to a security concern, to check for fraud, review/verify beneficiary’s history of arrests/convictions, to verify the beneficiary’s relationship to the petitioner or it may be based on one of the Presidential Proclamations suspending immigrant visas pending a determination of whether the beneficiary is eligible for a waiver. 

"There is no required time frame for this process to be completed.”