As the holiday season is coming up many H1-B beneficiaries plan to visit their family in India around May – June. In this article, we are providing some valuable tips for H1-B beneficiaries who need to apply for a visa at U.S. Consulate or Embassy in India.

Documentation Required For H1-B visa:

Recently the U.S. consular websites have updated their documentary requirement to reflect the documents applicants need to carry for the visa interview. It may be noteworthy that this list is primarily the one that used to be requested for under Section 221(g) of the Immigration and Nationality Act.  While documentary requirement varies on a case to case basis, the list provided on the consular website includes the following:

• Original I-797;
• Copy of I-129 package as submitted to the USCIS including LCA;
• Employment Agreement / Offer letter between the petitioner / beneficiary;
• Notarized list of all employees of petitioner;
• Quarterly unemployment wage report for all States in the U.S. where the petitioner has employees;
• Income Tax returns of the Petitioner for two most recent tax years along with financial statements;
• Letter from the personal department at work location confirming availability of work;
• Letter from client confirming project;
• Copy of the contract with end client;
• If working on internal project, detailed description of the project with number of employees assigned to the project, current status, time line and detailed market analysis for the product.

The above information can be found by visiting here. While we understand that many employers hesitate to part with sensitive financial information and clients are not comfortable issuing such letters, these documents are required by the consulate in most instances for a successful visa issuance. The purpose of requesting for these documents is to establish availability of job and the ability of the petitioner to pay the wages for their employees in the U.S. Inability to provide these documents will most likely result in a visa refusal.

Preparation for travel:

We urge H1-B beneficiaries to plan ahead of their travel and make sure they will be able to procure the documents listed above before they depart the United States. Many H1-B beneficiaries contact us after they receive a request for additional information under Section 221(g) of the Immigration and Nationality Act by the consulate. In many instances the petitioner is either unable or unwilling to provide sensitive information and in some instances clients refuse to issue any letters. This results in the H1-B beneficiary being stuck outside of the United States with their property, car and other belongings back in the U.S. So, it is important to make sure the H1-B beneficiary has all the required documents ahead of travel to make sure they maximize possibility of a successful stamping. Planning ahead will avoid this problem.

Providing the documents:

In some cases where the consulate requests for letter from client along with contract, if properly communicated, either the contract or the client letter may work. However, it is always advisable to present a combination of both to maximize possibility of a successful stamping.

In cases requiring internal project description, it is important to provide detailed and elaborate information on the actual project the beneficiary is already working or will be working. it is important to provide accurate and detailed information on the actual project the beneficiary is already working or will be working.

While most consulates in India accept work at third party locations, we have noticed that in the recent past the U.S. consulate in Mumbai has insisted on direct contract between the petitioner and the end client.

Summary:

While most H1-B beneficiaries may be tempted to visit family this holiday season, it is important to make sure that they carry the documents as required by the consulate ahead of travel to avoid possible delay or denial. We at Murthy Immigration Services Private Limited have successfully represented US employers and H1-B workers present the facts in a clear and unambiguous manner to the consulate / embassy and successfully obtain the H1-B visa.

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