Tips for Visa Applicants from the U.S. Consulate in Chennai, India
Posted Jun 27, 2008
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As MurthyDotCom and MurthyBulletin readers will recall from our June 20, 2008 article, Murthy's Visit to U.S. Consulate in Chennai, India, the team at the U.S. Consulate in Chennai, India shared some very important tips that will be helpful for H1B, L-1, and other employment-based visa applicants and their employers. The consular officials shared their perspective and some of the factors considered in making decisions regarding visa issuance. Some of the key points are clarified here for our readers.
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Company Track Record
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An employer's record of compliance with immigration laws and regulations is important when its employees seek visas. This can work both for and against a company if its employees regularly apply for visas at a particular consulate. If that employer has established a good reputation for compliance, the chances of approval are enhanced. Conversely, if the consulate has identified a history of violations, such as unlawful benching and failure to pay H1B employees, the company's future visa applicants are likely to encounter difficulties and potential denials.
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Confidential Employer Information
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It is sometimes necessary to provide the consulate with sensitive facts about the company that are better not disclosed to the employees; particularly financial information or contracts for services. When asked how to preserve the confidential nature of these documents, the consular officer suggested that the employer could provide the employee with the documents - marked: “Confidential - Destroy by Consular Officer” - in a sealed envelope. The other option is to send the package or envelope by mail directly to the consulate in a sealed envelope to VFS with the file or case number and the employee's / applicant's name to avoid having to entrust the employee with this confidential information.
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Employee Familiarity with Employer and Project Details
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While it may seem obvious that a visa applicant should know about his/her prospective job and duties, for a number of reasons, this is not always the case, particularly for certain H1B visa applicants. In order to have a reasonable chance of success, the parties must ensure that the H1B visa applicant clearly understands the employer's background, the job title and duties, and other details regarding the nature of the work that s/he will be performing in the United States. It is also essential for the H1B employee to be aware of the client, the client project, or other details about the work, if it is to be performed at a third-party client site.
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Number of Employees
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The consular officers will research the number of employees working for the H1B-sponsoring employer, using sources including publicly-available information, such as Dun & Bradstreet. Therefore, it is important for the information on Form 129 to accurately disclose the number of employees and for this to be consistent with information available from other sources. In addition, the consular officer likely will compare the number of H1B petitions the employer has filed to the numbers listed on the H1B petition documents.
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Third-Party Contract Not Essential
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The consular officer explained that the signed contract with the end client in consulting company applications is not necessarily required. However, the consular officer needs some verification from the end user client requiring the H1B employee's services. This verification, often in the form of a letter, should identify the beneficiary specifically and, at a minimum, list the nature of the job duties required by the end client. The client letter also should verify the proposed duration of the project to demonstrate a bona fide position with the end client.
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Statistics on Visas at the Consulate
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According to the statistics provided during Attorney Murthy's spring 2008 meeting, about 94 percent of the H1B visa applications are granted. They may not be approved immediately, as 11-12 percent receives initial denials under 221(g) for insufficient documentation. These denials may involve fairly minor issues that can be overcome or they may indicate more serious problems.
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Approximately 6-7 percent of the H1B visa applications are denied. In these denials, the consulate requests that the USCIS revoke the approval of the H1B petition, based upon negative information elicited by the consulate during the interview and visa application review process.
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PIMS Delays
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PIMS delays were uncommon, as of March 2008. The “majority of cases sail right through,” according to the Deputy NIV Chief. The problems occurred only when PIMS was first imposed. The consulate attempts to obtain confirmation of the H1B petition approval in advance of the interview date in most cases. Difficulties tend to be limited to situations involving typographical and related errors in the database.
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At the time of Attorney Murthy's visit, most nonimmigrant visa appointments were available within a week or two. However, this is subject to change, and it can take longer during the summer rush when more tourists apply to travel to the U.S. and students apply for visas to study. If everything is in order, the consulate, generally, will return the passport to the visa applicant about three or four days after the interview.
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There can always be delays in visa processing. In addition to the PIMS issues, discussed above, there can be delays for security concerns relating to the applicant. There also can be delays due to investigations, often for suspected fraud regarding the applicant's claims of education and/or work experience, or other types of suspected fraud.
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Conclusion
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We very much appreciate the efforts from the consular officers to make time in their busy schedules to meet with Attorney Murthy and representatives from some of our company clients. The meeting was very productive, as we were able to resolve certain ongoing issues, as well as gain further insight into the process from the consular viewpoint.