Indian Nationals Subject to Greater Visa Scrutiny


A report by the National Foundation for American Policy sheds light on the kinds of scrutiny applied to job-related visa applications filed by American employers on behalf of Indian nationals.

The report points to evidence from employers that “denials, either at the U.S. Citizenship and Immigration Services [the “USCIS”] or at consulates, particularly involving Indian nationals, share the common attribute of new [unwritten] arbitrary standards that go beyond the statutes and regulations.”

For example, hard data demonstrates that while virtually all foreign nationals experienced an increase in denial rates for L-1B petitions in the last several years, those denial rates increased much more dramatically for petitions on behalf of Indian nationals.

The denial rate for Indian-born applicants for new L-1B petitions rose from 2.8 percent in FY 2008 to 22.5 percent in FY 2009, while the denial rates for Canadian applicants rose only from 2.0 to 2.9 percent during the same time period.

Thus, the USCIS and U.S. Consulates are effectively re-proportioning visa spots to countries other thanIndia, andU.S.companies are losing out on the chance to hire people of special technological or professional training that come fromIndia.

If you are an employer or an employer’s representative in need of foreign worker assistance, please do not hesitate to call our offices at (847) 564-0712 for immigration law assistance. You can also check out our immigration law Website for further information.


Published In: Immigration Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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