Representation of Clients in the Nonimmigrant Visa Process At Consular Posts

In a highly mobile global economy, attorneys need to focus on representation of clients in the nonimmigrant visa process, which involves applying sophisticated and finely honed negotiation skills, as well as knowing the substantive laws, regulations and the policies at various consular posts towards the type of application a client will make.  

Most employment based cases, such as H-1B, H-1B1, L-1A and L-1B, O and P visas, begin with the approval of a visa petition by USCIS in the United States. In the preparation of the visa petition, counsel must be alert to the end game, which includes preparation of a petition which complies with the substantive laws and regulations of USCIS and also satisfies the particular policies of a consular post. Other employment/investment visa applications are generally made to a consular post initially; thus familiarity with consular posts policies where application will be made is critical to success. Many consular post websites contain post-specific policies and procedures, meant for the public at large. The post website should be consulted to begin the process, but should not end there.

The job of effective representation in consular visa processing is made challenging when confronted by consular absolutism which includes the right of each consular post to determine the parameters of attorney representation, including whether attorneys will be permitted to speak with a consular officer about a case; whether an attorney may be present at the visa interview and whether attorney prepared documents will be accepted and reviewed.

The objective of this course, presented by Jan Pederson, Shareholder and Senior Attorney at Maggio-Kattar, PC, is to provide attorneys with basic knowledge and skills to effectively navigate the international waters of visa representation.

Learning Objectives: 

1. Learn to bulletproof the Visa Petition in Business Cases
2. Examine effective use of the DS-160 electronic universal visa application form

3. Explore common Issues in Visa Processing and the Search for Effective Solutions

4. Identify the consular post where a visa application should be made
5. Determine strategies when the consular officer denies or revokes a visa