They cite “enhanced questioning” at airports and an increase in “administrative processing” cases since the beginning of the year.
Following an increased scrutiny on H-1B visa holders at US missions and at ports of entry, more and more immigration lawyers are advising their clients to instruct their employees that are on these visas to avoid overseas travel for the time being.
Three different lawyers in the Washington, DC, area that The American Bazaar spoke to on Sunday and Monday confirmed that cases of “administrative processing” have multiplied in the past month.
Two of them said that a number of their clients have not been able to return to the United States so far, as their applications were sent for administrative processing.
Once placed under administrative processing, under the under section 221 (g) of the US Immigration and Nationality Act, the applications are sent back to the Department of State for conducing additional background and security checks. Usually, it takes anywhere from four to eight weeks to finish the additional checks, and there is no guarantee that the visa will be issued.
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Administrative processing is not the only problem H-1B holders are facing. The lawyers said those who are entering the country on these visas are subjected to “enhanced questioning” at the ports of entry, usually airports, regardless of whether they are returning after a foreign visit, or are coming for the first time.
An immigration lawyer based in Northern Virginia said he is preparing to send a memo to all his clients saying that those on H-1B should avoid traveling abroad because of the “enhanced questioning” at the airports and an increase in the number of cases of administrative processing.
Consulates in India are sending more cases than usual for administrative processing, he said.
The lawyer, who declined to be identified because of the sensitivity of the cases, said he’s telling the clients two things. “One, if it is not necessary, don’t allow employees to travel outside,” he said. “Number two: If they do go, when they come back, be very, very prepared for extensive questioning and intrusive searches of mobile phone, iPad and laptop.”
The lawyer said one of his clients was denied entry at the O’Hare International Airport in Chicago and was sent back to India.
“If there is any perceived violation, the officers at the airport are denying entry,” he said, adding that many of the Customs and Border Patrol officials don’t understand the corporate to corporate documents.
All the three lawyers we spoke to said the increased scrutiny started in January.
“Many of these officials are either taking policy into their own hands and implementing it without any supervisory instructions, or there is some sort of directive from the top to be harsh on all H-1Bs,” the Northern Virginia lawyer said.
The American Bazaar reported on January 29 that a New Jersey company advised its employees that are on H-1B not to travel outside of the country because consulates are placing these visa-holders under administrative processing “at an alarming rate for no reason at all.”
In recent days, some law firms have also posted strategies for avoiding “administrative processing” on their websites.
“Ensure the visa applicant is well-prepared and knows the details of the employment and the contents of the H1B petition, including the duties, end-client, location of worksite, and more,” writes Murthy.com, a popular immigration website. “Provide the visa applicant with a copy of the petition and all documents submitted to the USCIS. For in-house projects, provide the applicant with a detailed project description, work location, and other details.”