A New DOS Requirement is Causing Consulate Delays
Last Updated On: 2/19/2026
In recent days, the Consulate has increased the number of cases placed into “Refused – Administrative Processing” (often referred to as a 221(g) refusal). In many instances, applicants receive a letter requesting additional documents before the visa can be issued. These requests are not being applied consistently. Some workers are receiving visas normally, while others on the same job order are being asked for more documentation. Additionally, the consulates are even erratically asking for driving-related documents in cases where the job doesn’t involve commercial driving.
Based on multiple refusal letters and consular communications we've seen, applicants may be asked for one or more of the following:
South Africa
Police Clearance/Certificate
MIE “Personal Credential Verification Report” (wording may vary)
AARTO Traffic Record (process varies and may not be available in all areas)
US DMV Driving Record(s)
Copies of current or prior commercial driver’s licenses and supporting documents related to tickets/accidents/infractions
Mexico
Police report from each state in Mexico where the applicant has worked or lived for more than three months in the previous 10 years
Copies of all commercial driver's licenses held by the applicant
A copy of their Mexican driving record from the following website: http://app.sct.gob.mx/ConsultaInfracciones/detalleLicFederal.do
A police report and any other relevant documents from any previous accidents, tickets, infractions, or moving violations
As you can imagine, this is creating a systemic problem for workers, recruiters, employers, and agents alike, and everybody is scrambling to figure out what is going on.
We are actively working to get clearer guidance on these requirements through industry partners and appropriate channels. Specifically, we've opened an inquiry via a Congressional office, and we are supporting the National Council of Agricultural Employers in their efforts to pressure the Department of State for more information.
What Should You Do In the Meantime?
While we’re waiting for formal guidance, we strongly recommend that you do each of the following:
1. Regularly Check this Blog Post for Updates
For the most up-to-date information about this matter, be sure to regularly check back here. As we receive new information and tips for how to avoid delays, we’ll update this post accordingly.
2. Alert Your Legislators
We strongly recommend contacting your federal legislators to inform them about how this will cause trouble for your business. We also recommend sending a separate email to the applicable consulate to let them know as well. It is crucial that your legislators hear how this is negatively affecting their constituents. You can find information about how to contact your legislators here.
3. Have Workers Start Preparing Documents
Finally, we strongly recommend that you ask prospective workers who will be doing any driving (not just commercial driving) to start collecting the documents listed above. While this does not guarantee that the workers will be given visas, it can help minimize delays if those documents are requested.
Additionally, if you are working with a recruiter, be sure to collaborate with them, since they will likely have consulate-specific knowledge and may be able to advise workers on how best to prepare.
