Many foreign national employees who leave the U.S. are getting stuck abroad due to understaffed or closed consulates, and the problem is worsening due to the war in Ukraine.
War's Impact on Consulates
The Ukraine war could affect the processing times at consulates closest to Ukraine and Russia, said Yova Borovska, an attorney with Buchanan, Ingersoll & Rooney in Tampa, Fla. These consulates will have to process additional cases from affected areas, she said.
"Everyone needs to be prepared for a squeeze on consulates in Europe," said Mira Mdivani, an attorney with Mdivani Corporate Immigration Law Firm in Overland Park, Kan. Consulates in Poland, Moldova and the U.K. are overwhelmed, she said.
"One cannot underestimate the impact that war conditions have by creating uncertainty and confusion when it comes to planning," said David Grunblatt, an attorney with Fragomen in New York City.
A Problem That Preceded the War
Even before the war, foreign national employees were getting stranded overseas if they did not qualify for a visa interview waiver, Borovska said.
Those with approved positions who don't have a visa on their passport must go to a consulate abroad after they leave the U.S. in order to return.
As those with visas in their passports are boarding planes to return, they sometimes are stopped and told there's a problem with their documents. Then they must visit consulates for a 221g appointment.
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