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US Consulates in India Increase Scrutiny of Visa Applications

There has been a significant increase in the frequency with which IT professionals are refused visas at consular posts in Mission India. These refusals appear to be the result of the Buy American/Hire American Executive Order (BAHA). AILA, our immigration lawyers association, has provided the following strategies for visa issuance:

  • Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job.
  • Applicants should be prepared to provide a succinct “elevator speech” explanation to the consular officer about the position. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer.
  • Applicants should be prepared to explain how their position has a positive impact on the U.S. economy considering the BAHA Executive Order.
  • Attorneys should role play with visa applicants in advance of the interview to be sure they are adequately prepared to address these and other questions.
  • Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Published research and other works that are in the public domain should be included in the resume.
  • Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner.
  • Employers and beneficiaries should be aware of potential delays, including those brought on by “administrative processing,” and devise a contingency plan in event of such delays.

For more information about consular processing in India or at other consulates around the world, please contact us:

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