The E3, H1B or L1 Visas are the usual types of visas under which people apply for employment purposes. As long as the potential employer has agreed to sponsor the candidate, the rest of the visa process is generally a walk in the park. Occasionally though, the interview hits a snag and the term “administrative processing” rears its ugly head.

The snag could be something as simple as forgetting to bring some documents or having insufficient cash to pay relevant fees. However, these problems can be sorted out by scheduling another interview with the consular officer after finding the necessary material. However, condition 221(g) which takes care of these administrative processing cases will be harsh on candidates who have lied about their experience, qualifications, circumstances of employment, etc. Such dishonesty will only lead to an instant denial of a visa.

Bu there are many cases where the candidate has not lied but administrative processing has caused them to not receive their visa. This is because condition 221(g) is not a clear cut directive. The office can deny a visa based on:

1. Doubts due to the company not having issued sponsorship to any foreign national before.

2. Doubts about the suitability of the candidate for the job if the candidate is overqualified for it. (e.g.: The candidate possesses a degree but the job requires a non-professional.)

3. Doubts raised by the candidate’s character, missing documents, body language, lack of confidence in answers, etc.

4. Doubts about the dependents submitted on the visa application form.

This is where the U.S. Immigration systems falls short and becomes unfair for those who try to get into the country in a legal manner. Therefore, a revamp of the system should be looked at to avoid such grey areas and to speed up processing and be more accountable for decisions. All this will only go towards aiding the halt of illegal immigration.