DOS Increases Scrutiny of H-1B and L-1 Applicants in India
04/14/2011
A U.S. Department of State representative recently cautioned H-1B and L-1 visa applicants that consular officers in India are increasing scrutiny of employment based visa applicants during consular interviews. Speaking at the American Immigration Lawyers Association's spring conference in Washington, DC on April 9, 2011, Jeffrey Gorsky, Chief of DOS' Advisory Opinions Division cautioned, "even if a petition has been approved, clients should be ready to defend their case at the consular interview."
Consular officers may reevaluate cases based on new information and can deny a visa despite USCIS approval of the petition where the applicant's eligibility is in question. The likelihood of this is magnified where applicants are poorly prepared. As such, it is critical that an applicant be prepared to answer questions related to their skills, as well as their role at the company, its industry and structure. Applicants should be comfortable answering questions such as:
- What specialized knowledge is necessary for your job?
- What visa type are you requesting and why?
- Who will supervise your work?
- What are your job duties and responsibilities?
- Will you be working onsite or offsite?
To adequately prepare, applicants should be very familiar with the information contained in their visa petition package and prepare their responses before the actual interview. To help in spotting and addressing potential interview issues, Goel & Anderson can provide clients with mock interview sessions to help prepare them for visa interviews. In addition to Q&A, Goel & Anderson attorneys offer feedback and provide essential advice on proper demeanor during consular interviews.
Careful preparation by the applicant with the guidance of experienced legal counsel can increase an applicant's confidence and help guard against costly and unintended errors during the consular interview. Remember, petition approval does not guarantee visa issuance.
To arrange a mock consular interview or for more information about Goel & Anderson's global business visa services, please contact us to schedule an in-person or telephonic consultation.