美国驻印使馆增加H,L签证的拒签率# EB23 - 劳工卡
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我的公司律师发给我的NEWSLETTER:
Caution: Increase in Visa Denials in India
Visa denials at the U.S. consulates in India are on the rise. In general,
the U.S. consulates in India have had a higher rate of denial for H-1B visas
than consulates elsewhere in the world, particularly for IT consulting
companies where the foreign national employee is placed at client sites.
The U.S. consulates in India have imposed even higher scrutiny in the last 6
to 12 months on H-1B visas for these types of employers since the USCIS
issued a policy memorandum establishing that H-1B visa petitions need to
show a clear employer/employee relationship where the employer controls the
work of the employee even if placed at client sites. In addition, visa
denials at U.S. consulates seem to be on the rise for many other types of
visas, including B-1 visas for business visitors and L-1 visas for intra-
company transfers.
Another factor causing increased scrutiny of visa applications is that fraud
units have been established at the U.S. consulates using outside sources,
such as Dun & Bradstreet and the Internet, to expose potential fraud in visa
applications. If any “flags” are found in background checks on the
company, this will come to the attention of the consular officer reviewing
the visa application.
If the consular officer decides to deny the visa applicant’s visa, or if
additional administrative processing is necessary, the consulate will issue
a “221(g)” denial, which is a provision stating that consular officers
cannot issue visas to applicants who are ineligible.
Consular officers use the 221(g) denial for a variety of reasons, including
those which are really a request for additional information or for “
administrative processing.” In those cases, a visa applicant may be able
to overcome the denial by presenting supplementary information or waiting
for the consulate to confirm the approval of the visa petition. Obviously
this can cause delays in the issuance of visas, sometimes by several months
or more.
In light of this increase in visa denials, applicants should seek advice
from immigration counsel before traveling to India for a visa, particularly
for an H-1B visa.
=======
新PD有福了
以后可能没那么多三哥跟你们争食了！
Caution: Increase in Visa Denials in India
Visa denials at the U.S. consulates in India are on the rise. In general,
the U.S. consulates in India have had a higher rate of denial for H-1B visas
than consulates elsewhere in the world, particularly for IT consulting
companies where the foreign national employee is placed at client sites.
The U.S. consulates in India have imposed even higher scrutiny in the last 6
to 12 months on H-1B visas for these types of employers since the USCIS
issued a policy memorandum establishing that H-1B visa petitions need to
show a clear employer/employee relationship where the employer controls the
work of the employee even if placed at client sites. In addition, visa
denials at U.S. consulates seem to be on the rise for many other types of
visas, including B-1 visas for business visitors and L-1 visas for intra-
company transfers.
Another factor causing increased scrutiny of visa applications is that fraud
units have been established at the U.S. consulates using outside sources,
such as Dun & Bradstreet and the Internet, to expose potential fraud in visa
applications. If any “flags” are found in background checks on the
company, this will come to the attention of the consular officer reviewing
the visa application.
If the consular officer decides to deny the visa applicant’s visa, or if
additional administrative processing is necessary, the consulate will issue
a “221(g)” denial, which is a provision stating that consular officers
cannot issue visas to applicants who are ineligible.
Consular officers use the 221(g) denial for a variety of reasons, including
those which are really a request for additional information or for “
administrative processing.” In those cases, a visa applicant may be able
to overcome the denial by presenting supplementary information or waiting
for the consulate to confirm the approval of the visa petition. Obviously
this can cause delays in the issuance of visas, sometimes by several months
or more.
In light of this increase in visa denials, applicants should seek advice
from immigration counsel before traveling to India for a visa, particularly
for an H-1B visa.
=======
新PD有福了
以后可能没那么多三哥跟你们争食了！
