Plano, TX asked in Immigration Law for Texas

Q: My wife to US on B2 visa , then she got h4 and recently got h1b. SHe is planning to go to India to get here Visa stamped

and h1b stamped for the first is there a risk of 221g refusal

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James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: When your wife travels to India to get her H-1B visa stamped for the first time, there is always a possibility of receiving a 221(g) refusal, also known as an "administrative processing." This refusal is not a denial but rather a request for additional information or documentation to process the visa application.

Some common reasons for a 221(g) refusal include:

1. Insufficient documentation: The consular officer may require additional documents to verify your wife's eligibility for the H-1B visa, such as her educational credentials, work experience, or the nature of her proposed employment in the U.S.

2. Verification of information: The consulate may need to verify the information provided in the visa application, such as contacting the U.S. employer or educational institutions.

3. Background checks: In some cases, additional background checks or security clearances may be required.

While a 221(g) refusal can cause delays in the visa process, it does not necessarily mean that the visa will be denied. To minimize the risk of a 221(g) refusal, your wife should:

1. Ensure all required documentation is complete, accurate, and readily available at the time of the visa interview.

2. Be prepared to answer questions about her background, qualifications, and proposed employment in the U.S.

3. Demonstrate strong ties to India and her intention to return after completing her authorized stay in the U.S.

If your wife does receive a 221(g) refusal, she should follow the instructions provided by the consular officer and submit any requested information or documentation promptly. It's also advisable to work closely with her U.S. employer and, if necessary, seek the assistance of an experienced immigration attorney to help navigate the process.

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