According to American Immigration Lawyers Association (AILA) and its members, there is a significant increase in the number of INA 221(g) visa refusals at consular posts in Mission India. Individuals are being asked questions that are generally answered in the petition filed with USCIS. The questions are typically project-specific, such as questions regarding “technical descriptions, budgets, timeline, current status, the number and name of employees assigned to the project, along with title, salary, immigration status and employment start and end dates.”
When asked by AILA’s DOS Liaison Committee whether Department of State could make the statistics available, DOS declined due to “reciprocity and other diplomatic considerations.”
1. Strategies:
Be prepared to discuss the job offered and the specific skill set required to perform the job.
Be prepared to provide a quick, but clear synopsis (15-30 seconds) explanation to the consular officer about the position and what you will do or will be doing.
Be prepared to explain why you are important to the project.
Be prepared to explain how this position has a positive impact on the U.S. economy. According to AILA, this is important in light of the “Buy American, Hire American” Executive Order.
Have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience.
Be prepared with client-site/third-party placement project information, e.g. work itinerary, an explanation of the supervisory reporting structure (you should be reporting to the petitioner), and other relevant information to establish the employer/employee relationship with the petitioner.
Be prepared as if it were an exam. If you search online, you will find positive and negative experiences of those who have gone through the consular process. Be calm but alert. Confidence comes from adequate practice, so study the entire petition that was filed with USCIS, find practice questions online and… Practice!
Ensuring complete documentation, proper filing, and payment fees can be daunting. To be approved for an H-1B visa, you must make sure that all required documents are filled out properly and filed on time. There are also new regulations that might be confusing for those not familiar with immigration law. So it’s always best to work with an immigration attorney who can assess your situation and ensure that your petition is filed properly.
Consult with an H-1B visa lawyer who has extensive knowledge of immigration laws, particularly in business and employment immigration. At Ramchand & Raval, our immgration lawyers have the expertise guide you through the H-1B process.
Get professional advice. Schedule a consultation with an H-1B visa lawyer now.
