In 2002 the Homeland Department Security Act granted the Department of Homeland Security (DHS) primary responsibility as to whether an applicant for a visa has qualified for a particular status. The DHS reviews permanent residence applications for spouses or parents of U.S. citizens, siblings, and fiance(s) of U.S. citizens. The DHS also passes on extraordinary ability cases in the Arts, Sciences and Business as well as highly skilled applicants. These applicants provide needed skill to our economy and raise the quality of our cultural and educational life. Also DHS is responsible for nonimmigrant H visas, for the specialized skills; L visas, for intracompany transferees; Os and Ps, performing artists and performing groups. An approval by DHS should be prima facie evidence that the applicant has the necessary qualifications. The DHS tries to speed the flow for relatives of U.S. citizens who desire that their family members join them as soon as possible. In the case of the nonimmigrant categories, such as H, L, O and P, the economy as well as our culture are helped by providing highly skilled immigrants in the Sciences, Arts and Business.
The U.S. Consulates specifically in several in Southeast Asia, at this time, however, appear to be blocking the approvals of the DHS by substituting their judgment review in place of the DHS. These Consulates interpose additional evidence requirements on applicants who already received DHS approvals. Outright rejection letters based of mere suspicion of fraud are not uncommon and/or delayed decisions are made that sometimes take months to resolve. These Consulates appear to be inordinately skeptical of visa approvals by the DHS.
Although the U.S. Government has recognized the importance to our nation of foreign nationals with degrees in science, technology, engineering, and mathematics, these Consulates have placed stumbling blocks in the path of many applicants that contradict the DHS approvals and as a result set back our economic and cultural needs as well as to delay family reunions.
These Consulates are asking employers of applicants to provide such documents as detailed reports on internal developments, new projects proposed, numbers of employees engaged in a project, worksite, marketing analyses, all of which evidence has been previously supplied to the DHS. These actions are contradictory to the Homeland Security act of 2002 and to the efficient management of the immigration process.
REMEDIES
Speak to your lawyer to properly prepare you for the visa interview. Bring copies of the approved petition and copies of all the accompanying documents provided to the DHS. Bring all licenses, awards, prizes, university transcripts to the Consular interview that were given to the DHS. If ever you were involved in a criminal case bring the Certificate of Disposition and a Memo of Law from your attorney that you are not inadmissible. If the Consulate denies or defers a decision in your case, contact your lawyer to support your visa application and/or to be in contact with the Consulate.
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