Applying for H1-B Visa at a U.S. Consulate

There are some tips that H1B visa beneficiaries need to keep in mind when they apply for a visa at a US consulate or an embassy at their home country.

Overview of the H1B Visa:

The H1B visa is intended for workers coming into the United States who have special skill sets that would qualify them in the “speciality workers” category. To qualify for the visa the foreign worker must have a college degree from a four year instituion or an equivalent experience in education.  Here's some information to help file for the visa.

Required documents for H1B Visa:

The US consular web sites recently have updated their documentary requirement to inform all applicants what they need to carry for the visa interview. The following is a detailed list that is primarily used, to be requested u/s 221(g) of the Immigration and Nationality Act. While the documentary evidence would vary on a case to case basis, primarily the list provided on the consular web site would include:

•   An original I 797
•   A copy of the I 129 package that was submitted to the USCIS including the LCA (Labor Condition Application)
•   The offer and agreement letter between the petitioner / beneficiary.
•   A notarized list of all employees of the petitioner.
•   A unemployment wage report of all the states in the US were the petitioner has his employees.
•   Tax returns of the petitioner for the most recent tax year with the financial statements.
•   A letter confirming availability of work from the personal department at the work location.
•   A confirming letter from the client of the project to be undertaken.
•   Copy of the contract.
•   Detailed description of the project with the number of employees (internal project) assigned to the project, time line and a detailed market analysis of the product.

It is a common fact that most employers hesitate to part with sensitive information like their financial statement and clients are not that comfortable issuing letters,  but these documents are required by the consulate for issuing the visa. It should be remembered that the very purpose of requesting these documents is to verify the availability of the job and the ability of the petitioner to pay the wages for their employees in the United States.

Inability to provide these details would most likely lead to a refusal in granting the H1B visa.

Preparing for the travel to the US on a H1B visa:

The  visa beneficiaries should plan well ahead of their travel and ensure that they have all the required documents listed above before they depart to the US. There are instances where  the petitioner is either unwilling or not in a position to provide sensitive information and in some cases the clients might refuse any letters. This would lead to a situation where the H1B visa beneficiary is stranded outside the United States with their belongings. This makes it more so important to the visa beneficiary have the required documents well ahead to maximise the chances of a successful stamping.

Providing the documents:

There are instances where the consulates may not request letters from a client with the contract, if properly communicated, or a letter from the client may work. It would be prudent to present a combination of both to maximise the possibility of successful stamping of the visa.

For internal project description, it is pertinent to provide an elaborate information on the actual project the visa beneficiary is working or will be working.