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 rustrated H-1B phpirants routinely walk into the Assure Consulting office to complain about the US Consulate, especially the one located in Chennai. They exult in labeling the US Consulate bureaucratic, unfair, illogical, arrogant, capricious and arbitrary. A rather agitated person walked into our office the other day and even accused the Consulate of subverting the US government’s agenda of guaranteeing more H-1B visas to specialty workers (read Indians). Such stories are the very meat of journalistic scoops; to use a very Indian term, the masala which peppers otherwise banal, mundane and commonplace stories. So rather than appease this collective iconoclasm by joining the flurry of accusations, why am I stoking dissatisfaction by playing advocate to the US Consulate? Believe me, my motives are not propelled by any new-founded love for the Consulate, rather, you’ve guessed it, it’s an old attachment, not towards the institution but towards fair play. For far too long, the US Consulate has silently borne the brunt of being called a whimsical, irrational organisation, deriving sadistic pleasure from dashing people’s dreams of working in the US. The rejection rate is, however, not as high as popularly perceived. In fact, nine out of ten applications are granted visas. If visas are rejected, it is not because the Consulate is bent on denying candidates entry to the US but on account of the company or the candidate’s failure to adhere to certain basic rules listed below.
 Failure To Carry Adequate Documents For Stamping: A large number of visas are rejected on account of the candidates’ ignorance of the accompanying documents he/she needs to carry for stamping the H-1B visa. A list of the important documents are:
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Completed visa application form available at the US Embassy or Consulate.
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Passport valid for travel to the United States and with a validity date at
least six months.
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Beyond the applicant's intended.
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One colored photograph 1 and 1/2 inches square (37 x 37mm).
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Original H1 or L1 visa approval, Form I-797.
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Copy of the complete petition filed with INS.
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Degree certificates issued by the Universities.
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Original appointment letters from all your employers and relieving/experience letters from your previous employer.
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Last salary slip.
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Income tax returns and Form 16.
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Your identity card and business / visiting card of your current employer.
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Documents, which prove your work, experience.
Many candidates fail to carry the last pay slip, identity card or the appointment letter. The Consulate does not operate on trust and needs tangible documents to establish proof of identity and authenticity of information. (See Stamping Requirements) A failure to carry these documents could send a wrong signal to the Consular officer that you have something to hide.
Failure To Review Documents: Before stepping into the Consulate office, step into the Consular officer’s shoes and thoroughly review documents to be presented as evidence of proof of identity. Consider this: Parvati M lost her chance of getting a visa because her name was spelt as Parvathi M on two vital documents. Although this particular reason for rejection could be termed an aberration rather than the rule, a large number of visas are rejected on account of errors which appear minor to the candidate but are not necessarily so in the eyes of the Consulate.
Qualification Failure: The H-1B visa is available only to professionals who are engaged in specialty occupation. The INS defines the term professional as: a) you do work that requires a Bachelor’s degree in a specific field and b) you have a degree which is the equivalent of an American university degree. If you do not possess a degree in your field you should have a minimum of three-year work experience. If you do not possess the requisite educational qualification or work experience, the Consulate has the right to disqualify your petition.
Failure To Answer Questions Briefly: Section 214(b) of the Immigration and Nationality Act states: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status." This means that before your visa is approved, you must prove to the Consulate that you will return to your country. Most candidates fail to realise that the law places the burden of proof on the candidate and fail to answer questions on future plans correctly.
On a number of occasions, the US Consulate rejects visas because candidates do not answer questions posed by officer succinctly and accurately. The most common question asked by the Consular officer is: "Do you intend to permanently immigrate to the US? Your answer should be a clear and unhesitant No. Beware of questions such as: "What if the employer sponsors your green card or has the employer applied for your green card’ must be answered in the negative. Answers such as "I will think about it then" or "if circumstances change I may become a resident" will result in immediate rejection of the your visa application because it indicates that you are thinking of using the H-1B route to permanently immigrate to the US. Even if you are not averse to applying for a green card later, please do not confide in the Consular officer.
Many applicants lose their visa because they literally "think" too much. The innocuous sounding phrase "I think" has cost more visas than any other phrase. The US Consulate is not against the reasoning faculty but does not want the candidates to think that the company is in Provo-Utah. The phrase I think does not prove your mental agility but reveals that you are uncertain and unsure of the answer.
Failure To Gather Adequate Information About Sponsor: The Consulate will check on your sponsor to ensure it is not being duped. The Consulate expects the candidate to have basic information about the company, which has applied for the visa. Many visa applicants look blankly at the Consular officer on being asked: How many branch offices does the company have in the US, in which US State does the company have its head quarters, who is the Director of the company, how many employees does the company employ? Answer these questions accurately.
Do Not Badmouth The Company: Do not badmouth the employer and confide in the Consular officer that you are dissatisfied with the salary or the medical package or that you have entered into some kind of private agreement with your employer. The only corrective action the Consulate will take is to cancel the application.
Failure To Understand The Salary Package: The Consular officer may question you on the last salary you were drawing. Many candidates fail to understand the salary package correctly. Your salary does not merely include the take home pay but also benefits such as PF, medical allowance etc. The Consular officer will perceive your ignorance as misrepresentation of facts and deny the visa.
The Multiple H-1B Visa Factor: Often, IT professionals forget that negotiating for the H-1B visa with various companies is not the same as simultaneously negotiating for a job with various companies in India. If two or more companies file for H-1B papers at the same time on your behalf, and you conceal this information from the Consulate; you could be permanently debarred from entering the US. The INS maintains computerised records of all applications. A simple check would reveal that you have forwarded incorrect information and attempted to defraud the Consulate by misrepresenting your case.
Company's Sins Of Omission And Commission: The INS wants concrete proof that the sponsor has the financial muscle to pay worker’s salaries. If a particular H-1B candidate’s sponsor has committed the following sins of omission and commission, the visa petition will be rejected:
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The company has defaulted on tax payments.
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The company does not have an IRS number.
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The company is a start-up and does not have a single year’s balance sheet to prove its Financial muscle to pay workers. There is no minimum business volume or number of US employees required by law, but the sponsor must be able to prove that he can support the petition. If you are being sponsored by a start-up, the company must show contracts or letters regarding future business to be contracted by the candidate.
The Final Word: The US has always been an immigrant friendly country. With the passage of the new H-1B Bill, the Consulate has received directions from the government to process 1,85,000 H-1B visas this year. The only individual or institution who can deny you passage to the US is yourself. It’s time we wake up to this harsh fact rather than needlessly blame an institution of a country, whose only flaw is scrupulous adherence to rules.
(Disclaimer: The views expressed are those of the author and Assureconsulting.com takes no responsibility for them.)
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