INSZoom Immigration Conference 2019 | Globally Inclusive Culture and its Impact on Cross Border Immigration
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INSZoom Immigration Conference 2019 | Globally Inclusive Culture and its Impact on Cross Border Immigration | Sruthi Ananthachari
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INSZoom Immigration Conference 2019 | Globally Inclusive Culture and its Impact on Cross Border Immigration
- 1. INSZOOM IMMIGRATION CONFERENCE 2019 INSZOOM IMMIGRATION CONFERENCE 2019 November 5-6, 2019 ITC Gardenia, Bengaluru |#INSZoomIIC2019
- 2. INSZOOM IMMIGRATION CONFERENCE 2019 Agenda • What is a 221(g)? • Differentiating a 221(g), 214(b) and 212(a) • Color color what color? • Trends • Reasons • Follow up • Avoiding / Reducing 221(g) • Denial of the visa
- 3. INSZOOM IMMIGRATION CONFERENCE 2019 What is a 221(g)? • Section 221(g) of the Immigration and Nationality Act (INA) is a temporary hold on issuing the visa for a seemingly eligible individual • It occurs when the application is found to be deficient • Way to give the applicant an opportunity to overcome concerns / deficiencies in the initial application • It is not the denial of a visa!
- 4. INSZOOM IMMIGRATION CONFERENCE 2019 Differentiating a 221(g), 212(a) & 214(b) Section 212(a) defines a class of individuals who are ineligible for the grant of a US visa. Reasons for ineligibility include • Health grounds • Criminal convections / grounds • Security related grounds • Public charge • Illegal immigrants / immigration violators • Individuals who were removed from the US Section 214(b) effectively states that an individual is presumed to be an potential immigrant until they establish to the contrary and can demonstrate eligibility for a non-immigrant visa.
- 5. INSZOOM IMMIGRATION CONFERENCE 2019 Color Color What Color? • Blue : Additional information / documentation required to recommence processing of application • Pink : Application remanded to Administrative Processing • Yellow : General administrative processing, such as checking genuineness of documentation • White : Complex cases. Usually referred back to USCIS for further verification. Typically followed by a NOIR / NOID
- 6. INSZOOM IMMIGRATION CONFERENCE 2019 Trends Year Immigrant YOY Change Issued % Overcome Non Immigrant YOY Change Issued % OvercomeIssued Overcome Issued Overcome 2018 341,128 159,842 34.1% 46.9% 839,146 742,296 3.4% 88.5% 2017 254,478 169,293 -11.6% 66.5% 811,238 697,473 0.7% 86.0% 2016 287,802 188,472 11.5% 65.5% 805,668 678,931 5.0% 84.3% 2015 258,179 166,378 7.2% 64.4% 767,167 651,248 11.3% 84.9% 2014 240,876 169,257 70.3% 689,379 633,539 91.9% Source : Compiled from Travel.State.Gov > Legal Resources > U.S. Visa Law & Policy > Visa Statistics > Annual Reports
- 7. INSZOOM IMMIGRATION CONFERENCE 2019 Reasons • No data on PIMS • Visa Eligibility (sent back to USCIS) • Employment Checks • Background Checks (Sensitive Tech areas) • Fraud detection • Extreme vetting • Security Advisory Opinion
- 8. INSZOOM IMMIGRATION CONFERENCE 2019 Follow-Up • Check on the website • Contact Embassy / Consulate via phone or email • Contact DOS via phone or email • Contact your Congressperson or Senator • Writs of Mandamus
- 9. INSZOOM IMMIGRATION CONFERENCE 2019 Avoiding / Reducing 221(g)s • Check documentation for completeness / accuracy • Be aware of key / critical information in the petition / application • Rehearse your responses
- 10. INSZOOM IMMIGRATION CONFERENCE 2019 Denial of the visa • Consular decisions are non reviewable • Apply for a visa in a different category • Reapply for the visa • Apply through a different employer