![]() ![]() visa?” has become a common source of administrative processing inquiries. In addition, an incorrect answer to the question, “Have you ever been unlawfully present, overstayed…or otherwise violated the terms of a U.S. Likewise, a case could be put in administrative processing if the five-year employment history is incomplete, or if the position descriptions (title, duties, start/end dates) are inconsistent with the approved non-immigrant petitions. When the DS-160 requests that the applicant list any educational institutions at a secondary level or above, for example, omitting a university could lead to administrative processing or denial, even if the applicant did not obtain a degree from the omitted school, and even if the program of study had no relation to the current occupation. However, officers are increasingly scrutinizing information provided in the DS-160 that may not relate to the current employment at all, such as the applicant’s education history and work experience – these sections of the form are becoming a particular focus for the government, especially as it targets specific schools and companies with histories of violations or suspicious behavior. At the very least, the information in the form should be consistent with the petition submitted by the employer and approved by USCIS – significant differences in title, salary, work location, and job description from the I-129 petition would clearly raise issues. It is more important than ever, therefore, to ensure that the DS-160 form being submitted is complete and accurate. This is particularly likely in cases where the officer asks for little or no documents/information from the applicant during the interview – consular officers are increasingly relying solely on the DS-160 form, and less on documents brought in by the applicant during the visa appointment. ![]() However, it does appear that recent increases in 221(g) issuance are due to inconsistencies or omissions from the DS-160 form submitted prior to the visa interview. There are a variety of reasons (national security, independent verification of petition details) why a visa application may be refused under section 221(g), and the consular officer is not obligated to provide justification for the additional administrative processing. It may be several weeks, or even months, before the applicant receives a decision on the case, which could be a denial of the visa. The document may or may not request additional documents/information, and there is no guaranteed timeframe for an expected answer from the consulate. The applicant is usually given a document by the consular officer stating that the application is being “refused” pursuant to section 221(g) of the Immigration & Nationality Act, until administrative processing is complete. consulates abroad are increasingly being put in “administrative processing,” wherein the case is put on hold indefinitely after the applicant attends the in-person interview. Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for EvidenceĪpplications for employment-based nonimmigrant visas (such as an H-1Bs, L-1s, E-3s) at U.S.EB-3 Professional, Skilled Worker, Other Worker. ![]() Physical Therapist or Registered Nurse (Schedule A).EB-1C Multinational Managers and Executives.EB-1B Outstanding Professors and Researchers.Temporary and Seasonal Workers (H-2A and H-2B).Treaty Traders or Investors or Australian Professionals (E Visas).Specialty Occupations (H-1B and H-1B1 Visas). ![]()
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