|
 Nandini
Nair says that business visa holders are now being put through
stricter inspection procedures
I need
to travel to the US for business shortly. I have acquired a 10-year
multiple entry B-1 visa. Will I have any problems going to the US
after the events of September 11? I have a legitimate business there.
What kind of inspection procedures would I have to go through?
Yogesh
Patil
September
11 has had an impact on inspection procedures, especially in case
of B-1/B-2 travel. Individuals with multiple-entry B-1/B-2 visas
will be subject to strict scrutiny if they spend extended time in
the US frequently. Individuals who enter the US on B1/B2 visas for
periods close to six months, leave the country and attempt to re-enter
shortly thereafter, are likely to be subjected to strict review
regarding the location of their true domiciles. It is likely that
the authorities might deny their entry. Persons on these visas can
no longer expect easy access in and out of the US if they have spent
extended periods here in the past.
The
inspections are of two kinds: The first is for those who are
“clearly admissible”. Although the inspectors on an average
have only one minute per person, each individual is checked through
a centralised computer system. A vast majority of individuals are
“clearly admissible” and come to the US for legitimate
purposes and possess legitimate documents. If the inspectors detect
a problem or concern, the individual is sent to secondary inspection.
A seasoned officer with at least three years experience undertakes
the secondary inspection. That officer will question the applicant
further, perform a criminal background check, make telephone calls
as needed to verify the information provided by the applicant, inspect
documents and conduct any other investigation that may be appropriate
to the circumstances. One common fraud usually encountered by the
authorities is “photo substitution”. This is the practice
of placing an individual’s picture into someone else’s
passport in order to gain admission. Inspectors are quite adept
at detecting irregularities of this type. The secondary inspection
can last only a few extra minutes or several hours. This depends
upon their backlogs and the nature of the problem encountered.
A
consultant in Chicago has applied for my H1-B visa. A friend of
mine in the US told me that there are quotas for such visas every
year. What are the chances that my application will be reviewed
before the quota is finished? For your information, my case was
filed at Vermont Service Centre in February 2002.
Ritesh
Nisar
You
are in a comfortable position to be included in the quota. Recently,
the INS announced that approximately 28,000 H1-B petitions were
approved between October 1, 2001 and December 31, 2001. This time
period is the first quarter of the INS fiscal year for issuing H1-B
approvals. The limit for 2002 is 195,000. In addition, they currently
have about 18,000 pending H1-B applications. In the first quarter
of 2002, the INS received approximately 54,000 cases. There is a
decrease of approximately 58% from the last fiscal year. Also, please
note that only fresh H1-B applications are counted towards the quota,
H1-B petitions for extension are not counted toward the cap. For
example, cases filed for persons who are in valid H1-B status do
not count toward the cap. There are also exemptions based upon the
potential employer.
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