We have been seeing a gradual increase of visa processing issues coming from US consular posts in India.  US consular officers have become more aggressive and are more frequently denying what in the past were routine applications, especially those submitted by employees from staffing companies and those who will be placed in “offsite” locations or at client sites.  We are seeing a strong concerted effort at all the US consular posts in India to clam down on perceived visa “abuses” in India.     

Although this trend from the Indian US consular posts is troubling, we wish to emphasize that visas are still being approved and issued every day from US consular posts in India, and we have many clients who have experienced no delay or issues at all in India.  However, we bring this to your attention so that you are aware of this development in India, and that employees should be well prepared and advised when they apply for their visas in India.   

Further, we are seeing more and more employees who have been selected to go through “administrative processing” after their US visa applications in India.  As you might know, “administrative processing” is similar to an extended security clearance processing, and the delays are lengthening from 2 to 3 weeks in the past to now over 4 to 6 weeks on the average.  Employees with high-tech backgrounds or working for high-tech companies are more susceptible to this delay.  However, the selection for “administrative processing” can be purely random or caused by other unexpected factors.  This could affect employees who plan to visit India for the holidays and expect a quick “turn around” for their visa applications.   

By Jared Leung, to contact please send a message to jleung@fclaw.com or call 602-916-5315.

Filed under: Non-Immigrant