Ahmedabad Times

A rising variety of Indian professionals making use of for US work visas are being confronted with a query many don’t count on at their visa interviews: “Why cannot an American do that job as a substitute of you?”In response to immigration attorneys, the query is being requested extra often in interviews for H-1B, L-1B and different employment-based visas, notably for staff in tech, consulting and IT providers sectors. Some attorneys say the pattern aligns with the stricter method to immigration seen throughout US President Donald Trump’s first administration.Again in 2017, Trump signed the ‘Purchase American, Rent American government order’, directing US businesses to suggest measures geared toward stopping immigration fraud and abuse whereas making certain that H-1B visas had been solely given to the most-skilled or highest-paid candidates.A number of immigration attorneys now say they’re witnessing indicators of renewed scrutiny at US consulates.In response to the American Bazaar, enterprise immigration legal professional James Hollis of McEntee Legislation Group mentioned: “There are questions that I see arising increasingly more as I debrief purchasers from visa refusals and these questions recall the “Purchase American and Rent American” government order from the prior Trump Administration.”Amongst these questions, one particularly has develop into a stumbling block for a lot of candidates.“Why can’t an American do that as a substitute of you?”Candidates usually put together to debate their {qualifications}, work expertise and specialised experience. However many discover it troublesome to elucidate why they’re uniquely fitted to a job when a equally certified American employee might carry out the identical job.Hollis mentioned the query is very regarding in sure visa classes.“I’m most involved concerning the query: Why can’t an American do that as a substitute of you?” in L-1B and E-2 worker visa utility contexts.He defined that the problem lies in the truth that immigration legislation itself doesn’t require candidates to show they’re a better option than a US employee.He defined the explanation why this query is perhaps a double-edged sword: “The rationale this query catches candidates and even attorneys off guard is as a result of the immigration legislation doesn’t ask whether or not it will be higher for a US employee to do the job as a substitute of the individual making use of for the visa. The L and E classes haven’t any restrict on the variety of workers which may be transferred into the US from overseas. So, the system itself creates limits within the type of USCIS and visa interviews. On this case, the restrict is the extent to which the consular officer thinks the switch is really essential.”In response to Hollis, visa officers have freedom when deciding whether or not an abroad worker actually must be transferred to the US. In consequence, some candidates face visa refusals as a result of they aren’t ready for the query or can not clearly clarify what makes them uniquely certified for the position.

What do immigration attorneys advise candidates?

To scale back the chance of rejection, Hollis advises candidates and their attorneys to start interview preparation properly upfront.“(Attorneys ought to) Prep their purchasers to elucidate what’s so particular about their work earlier than the interview in order that they’re able to defend themselves if this query comes up.”He additionally advisable that candidates deal with figuring out facets of their expertise which might be troublesome to repeat.“Additionally it is a good suggestion,” he provides, “to have them determine the data, expertise, and connections that they’ve {that a} US employee wouldn’t have.”On the identical time, Hollis warned that frequent visa interviews might improve publicity to a system that has develop into extra strict.“But additionally attempt to restrict the variety of interviews most of these candidates are doing within the subsequent 3 years. The system is overcorrecting, and in case you can keep away from your shopper being caught up in it, all the higher.”Hollis mentioned Indian and Chinese language nationals, notably these employed by massive consulting companies and IT contracting firms, are going through nearer examination.“The adjudication requirements seem like tightening for Indian and Chinese language nationals typically. Particularly, I’m all the time going to be most involved with L-1Bs and H-1Bs for IT contracting firms and for giant consulting firms.”He famous that some components influencing a visa choice, together with company-specific knowledge, wage ranges and noticing of employer’s visa utilization, are past an applicant’s management. Nevertheless, candidates can nonetheless enhance their probabilities by making certain they absolutely perceive their position and supporting documentation.He mentioned: “In some circumstances, there may be not going to be a lot that an applicant can do on their very own as a result of a part of the evaluation goes to be the variety of candidates of that sort from the corporate, the wage for the position, and different particulars that they seemingly don’t have management over. There can be steering within the background on the consulates telling them what particularly to extra extremely scrutinize. In that state of affairs, my basic advice is to make sure that the documentation is obvious and correct they usually perceive it and that they’re prepared to elucidate what they’re desiring to do within the US, the place they are going to be working and why/how they’re particularly certified for the position primarily based on their background. Fraud particularly is a major concern in India, so the extra that the candidates can do to look educated and assured concerning the particulars of the position, the higher place they may put themselves in.”