FOREIGN AFFAIRS MANUAL UPDATED
The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE.MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.
As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.
for H Nonimmigrant
The requirements for classification as an H-1B nonimmigrant professional
may or may not include a license because States have different rules in this
area. If a State permits aliens to enter the United States as a visitor to take
a licensing exam, then USCIS will generally require a license before they will
approve the H-1B petition. However, some States do not permit aliens to
take licensing exams until they enter the United States in H-1B status and
obtain a social security number. Therefore, a visa should not be denied
based solely on the fact that the applicant does not already hold a license to
practice in the United States.