U.S. consular officers are making it extremely difficult for U.S. companies to transfer employees from India into America
“Our refusal rate for L visas at consular posts in India is 80% to 90%,” an executive of a major U.S. company told me in an interview. “We prepare a sheaf of backup documents, as we’ve always done, but now, after an employee explains why he needs to be transferred into the U.S. and what he’ll be doing, the consular officer will, in effect, say, ‘Not good enough’ and refuse the visa.”
An executive at another major U.S. technology company told me that starting in August and September this year they had more denials for L-1 visas in a two-week period in India than in the previous 6 months. The company made inquiries to the U.S. consulate in Chennai to ask what was missing in the applications and what problems to address but the company received no response from the State Department.
in April 2017, and the State Department followed up by incorporating the order into its Foreign Affairs Manual.to the Foreign Affairs Manual stated: “On April 18, 2017, the President signed the Executive Order on Buy American Hire American , intended to ‘create higher wages and employment rates for workers in the United States, and to protect their economic interests.’ The goal of E.O.
Even when an L-1A manager presents objective criteria showing he or she is, in fact, a manager, visas are still denied, say companies.
On November 14, 2019, the State Department withdrew a change in the Foreign Affairs Manual on L-1 visas that had been issued on October 28, 2019. The change was expected to make it even more challenging to gain approval of L-1 visas at U.S. consulates. The State Department did not provide a reason for withdrawing the guidance.
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