The U.S. Consulates issue a Section 221g refusal when a visa application lacks the necessary information to approve the visa and/or requires administrative processing. Essentially, the government puts a hold on the application until the consulate reviews it more in-depth and determines its eligibility. Recently, the Consulates are issuing 221(g) rejection notices specifically for cases where the employer has shown that the Visa Applicant would be working in-house and not at a third-party client location. The specific reason is to ensure that the work availability mentioned on the H-1B petition is genuine and not fraudulent. Subsequent to the 221(g) rejection, the employers see several months of delay from the Consulate to make a decision. In many cases, after the 221(g) rejection, the Consulates refer the cases for site visits and verifications. The FDNS or an officer from DHS is reaching out to the client and the vendor, if any, to verify the details in the Petition. This process is causing enormous delays, and the visa applicants are stuck in their home country and are at risk of losing their job.
Constant follow-ups by the attorney on record or reaching out to the state congressional members is one option to expedite the process. Filing a mandamus lawsuit before the Federal District Court is another option to force the Department of State to make a decision on long-pending visa application.
As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws and regulations in a timely manner.
As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws and regulations in a timely manner.
When a principle is maintaining a valid nonimmigrant in the United States, a spouse or child may apply for and be granted a visa at a consulate even if the principal never requested or was given that type of visa, or even if the principal had gotten the visa but it has since expired. A principal's spouse or kid may apply for an H-4 visa at a consulate, for instance, if the principle transferred from F-1 to H-1B status but never acquired the H-1B visa there.
As long as the principle is still in valid H-1B status, the spouse or kid may apply for an H-4 visa even if the principal was admitted on an H-1B visa that has since expired.
As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws and regulations in a timely manner.
As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws and regulations in a timely manner.
As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws and regulations in a timely manner.
As immigration laws and procedures are constantly changing, businesses rely on experienced legal expertise to help navigate the complex systems of immigration laws and regulations in a timely manner.
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