Immigration lawyer Gnanamookan Senthurjothi alerted Indian H-1B visa applicants with long-pending administrative processing that the consular posts have been requesting some documents from some applicants while seeking their passports for final adjudication. He advised not to misrepresent anything at this stage, as that would jeopardize the candidate’s future US immigration options. If the job is no longer available, don’t submit a false letter. The lawyer said that in the last few months, consular posts sought a recently dated employment verification letter that the job remains genuine and available. Social media profiles are also being asked for, as it has been made mandatory for H-1B applicants last December.If the job is no longer availableSenthurjothi said one can seek legal advice before responding but the applicants should never submit a letter falsely claiming otherwise.The letter should be from an authorized personObtain the letter from an authorized HR representative or company official. Ensure it is recently dated and accurately confirms the employment status and job availability, he said.Kee the email if it has the attachmentIf the letter is attached to an email, retain the original email and include a printout of the email when submitting the letter, where appropriate, he said.Never alter or backdate documentsDo not submit misleading letters or obtain verification from an unauthorized person.Follow instructionsSubmit the requested documents and social media links through the designated channel. Ensure links are accurate and accessible.“Willful, material misrepresentation to obtain a U.S. visa can trigger inadmissibility under INA § 212(a)(6)(C)(i), with potentially serious long-term consequences. A request for updated employment verification does not itself indicate a fraud finding. However, applicants must ensure every submission is genuine, accurate and verifiable,” the expert said, advising H-1B applicants to do these three things: verify your employment status with your employer; preserve supporting records; and seek qualified immigration counsel if your job situation has changed.
