We have seen a recent increase in the Indian consulates issuing a 221(g) refusal. Usually due to additional information being requested like project information, current status, timelines, number and/or names of employees on the same project, specific technical examples, salary, immigration salary and/or employment start and end dates.
While the Department of State denies that this is related to the Buy American and Hire American Executive Order, and also denies any policy or regulatory changes that would have changed the way the stamping process is done; they also are not showing the related statistics that would prove this otherwise.
221(g)’s are having a large effect on the H-1B employees who have gone stamping or have gone for a visa interview after receiving their approval- either by causing a delay in the employees returning to the US or even denying them all together. Currently there is no expedite options due to the heavy volume, but the DOS does state that they are in the process of increasing the capacity at the consular posts in India which should help them better manage the heavy volume of cases that they see.
While trying to avoid the numerous questions may not work, but here are the pointers that have been suggested to help reduce your chances of getting a 221(g) refusal.
1. Be Prepared. Make sure you are prepared to discuss the job offer you have received and the skills you have (from your education) that will help you do this job. You should be able to clearly describe what you will be doing and what value you will be bringing to the US Employer. Also be prepared to explain how your position has a positive impact on the US economy considering the Executive Order.
2. Seek Attorney Assistance. Talk to the attorney (we highly suggest talking to the one who prepared your H-1B case) and get their assistance to prepare you for your interview. Also talk to your attorneys about potential delays and a “back-up plan” should you get held for a 221(g).
3. Update your Documents. Make sure you take updated documents with you. For example, your resume should be updated and include detailed information of your current and prior positions as well as, education, publications and other relevant experience. If you have any published works, make sure you also mention this in your Resume
4. Compile your documents. Employees working for a consulting/ staffing firm should make sure that they are taking documents that show their employer’s right to control and proof of employer/ employee relationship. This includes documents like the Job Itinerary, explanation of the reporting structure, and other relating documents.
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