As of the latest updates, the U.S. Consulates in Tokyo and Osaka have resumed normal levels of visa issuance, marking a significant recovery in operations that closely resembles pre-pandemic conditions. This improvement pertains to processing times and the availability of appointments across most visa categories, reflecting a positive trend in the overall visa application process.
Δ E Visa Processing Updates
Despite the general progress in visa processing, certain categories, such as E-visas, exhibit ongoing challenges. Notably, while Tokyo and Osaka consulates have made strides in returning to typical issuance levels, there remains variability in the processing of E-visa applications globally. New companies seeking E-visa registrations must now complete an initial registration process by e-mailing the consulate at [email protected].
Previously, the review process for new E-visa applications took approximately 6 to 8 weeks. However, over the last few months, applicants in Tokyo and Osaka have experienced an extension of this timeframe to approximately 3 to 4 months. Accordingly, it is prudent for applicants and their attorneys to plan ahead when considering timelines for E-visa applications.
There are noteworthy differences in the processing approaches between the two consulates. The Osaka consulate is generally prompt in sending requests for any missing documentation via e-mail. Conversely, the Tokyo consulate exhibits a slower review process, often requesting documentation prior to scheduling an interview.
Communication with the embassy can pose challenges. Inquiries regarding applications must be made through the applicant’s account, and the quality of customer service at the embassy has been reported to be less than satisfactory. Consequently, obtaining clear responses to queries may require multiple attempts, and contacting the customer service center is often necessary.
The embassy’s website outlines that “all companies are subject to periodic information updates to ensure that they remain qualified E-visa companies.” Consequently, the U.S. Embassy in Tokyo and the U.S. Consulate in Osaka will directly contact registered companies when updates are required. Importantly, companies are no longer required to submit financial or other documentation to the embassy or consulate unless specifically requested.
Past iterations of the policy mandated that companies with no E-visa holders must re-register. This requirement has seemingly been revised; the embassy states that it now only requests updates to a company’s structure and financials during the interview process. Attorneys are therefore advised to prepare financial statements and corporate structure updates in advance of the interview, especially if over a year has elapsed since the last E-visa applicant.
Implications of Nationality Requirements
One significant aspect of E-visa eligibility, as highlighted in the Foreign Affairs Manual (FAM), pertains to the proof of nationality. Companies publicly traded on a stock exchange are presumed to be of the nationality of the jurisdiction in which they are traded. This presumption plays a crucial role in determining the eligibility of corporations for E visas based on their ownership and operational structure.
However, it is critical to emphasize that this presumption is not absolute. Consular officers (COs) retain the discretion to go beyond this presumption and may request documentation that substantiates the company’s nationality, particularly in cases where the outstanding shares held by foreign nationals account for less than 50% of the total equity.
Recent experiences have highlighted peculiar methodologies used to assess company nationality. For instance, a recent 221(g) notice indicated an unconventional calculation where a non-public Japanese company owned 51% of a U.S. entity. The situation became more complex given that the immediate parent company was found to be 100% Japanese, while the ultimate parent company possessed merely 75% Japanese ownership. Consequently, the consular officer adjusted the U.S. entity’s nationality ownership, determining it to be only 38.5% Japanese by subtracting 25% of the initial 51% from the total. This serves as a salient reminder that providing evidence of nationality up to the ultimate owner of the corporation is essential in facilitating the visa application process.
Third-Country Nationals
Third-country nationals are also welcome to apply for visas at the Tokyo consulate, irrespective of their residency within the consular district. The consulate’s website clearly delineates the criteria applicable to such applications, promoting inclusivity in visa processing.
Δ E TDY Visas
The E TDY visa category is intended for foreign nationals requiring temporary entry into the United States for business-related purposes, including attending meetings, participating in training sessions, or executing project work critical to their employer’s operations. The duration of stay granted under an E TDY visa is typically contingent upon the length of the specific assignment or project, emphasizing the need for applicants to clarify their intended duration during the visa application process.
This visa classification proves particularly useful in scenarios involving new projects, training, or specific assignments within the U.S. Generally, E TDY visas are granted for a period of one to two years; however, they have frequently been approved for the same five-year term typically associated with regular E visas. As such, E TDY visas serve as a vital tool within both the Tokyo and Osaka jurisdictions.
Δ L-1 Visas
The L-1 visa category, particularly the blanket L-1 visa, remains a robust option for companies operating in Japan. Both the Tokyo and Osaka consulates routinely grant blanket L-1 visas, allowing for streamlined processing for international organizations. Applicants can schedule appointments via the consulate’s website, paralleling the procedures applicable to other visa categories.
Recently, however, there have been reports of consular officers recommending that beneficiaries, whose blanket L-1 applications were denied, pursue a regular L-1 visa through the United States Citizenship and Immigration Services (USCIS). Officers indicated that such cases would likely receive approval if presented with an I-797 notice of action in hand. This occurrence, while not unheard of in other embassies, marks a novel approach for the Tokyo consulate.
Δ B-1 Visas
For B-1 visas, similar to policies at other embassies, there exists a distinct queue for interview slots, which has contributed to processing delays. While this may affect applicants, it is important to note that the Electronic System for Travel Authorization (ESTA) remains available for most Japanese nationals, mitigating the impact on the majority of business visitors.
Moreover, B-1 in lieu of H-1b annotations are still alive and well in Japan. The B-1 FAM exception allowing foreign nationals to legally engage in business contracts for services such as repairs and other specialized work is also still part of consular practice in Japan. This flexibility underscores the significance of the B-1 visa in the broader framework of business-related immigration.
Approval of B-1 Visas for Engineering Services
B-1 visas are commonly granted for foreign nationals, specifically engineers, who enter the United States for the sole purpose of installing a product or conducting repairs on behalf of a Japanese entity. Such visa approvals adhere to the stipulations outlined under the nonimmigrant visa classification, provided that the applicant satisfies all requisite conditions stipulated by the U.S. Department of State.
Δ I-130 Petition Filings Under Exceptional Circumstances
Pursuant to the relevant policies of the U.S. Embassy in Tokyo and the U.S. Consulate General in Naha, it is recognized that the filing of Form I-130, Immigrant Petition for Alien Relative, may be permissible under exceptional circumstances. Specifically, petitioners who present a compelling justification for an exception from the standard procedure of filing by mail with the United States Citizenship and Immigration Services (USCIS) may submit their petitions directly at the aforementioned diplomatic offices.
Conditions for Filing
In accordance with the established protocols, the following conditions must be met for the acceptance of an I-130 petition at the U.S. Embassy or Consulate in Japan:
- Physical Presence: Both the petitioner and the beneficiary must be physically present within the consular district at the time of the petition filing. Physical presence is often interpreted to necessitate that the petitioner resides within the jurisdiction of the consular office and can provide corroborative proof of residency.
- Beneficiary’s Residency: The beneficiary is required to remain within the jurisdiction for the duration necessary to process the visa application, acknowledging that processing times may vary.
- Documentation of Need: A well-documented rationale demonstrating the exceptional circumstances necessitating the expedited process must accompany the petitioner’s request.
Successful navigation of the I-130 petition filing through the consulate may substantially diminish the typical processing timeframe associated with USCIS. Specifically, such an expedited processing route could potentially reduce the standard waiting period of two years or more to a mere six months or less for lawful permanent residency (LPR) status.
For information on the I-130 expedite process. The expedite process may be made online here https://jp.usembassy.gov/visas/immigrant-visas/family-immigration/exceptional-situations-request-form/