221 (G) clause
  • Thu, Dec 1, 2016
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221 (G) clause

221 (G) clause



221 (G) clause

 

This journal is an attempt to collect applicable information about the subdivision 221(g), which is given to US visa individuals when the consulate is not able to instantly arrive at a determination on the application. 221(g) is a impermanent content or hold on the application until further inquiry is carried out on the practical application. The normal processing time in such cases is formally assertion to be about 60 working days but some cases take more than a year. The only comfort in such cases is that most often as long as the case is authentic there is a very high probability of getting cleared sooner or later. This web log will be mostly adjusted towards H1B (work visa). Since the other aggregations of visas (F1, H4) have similar 221(g) guidelines there will be similarities and a lot of  information should utilize to them as well.

 

As if you have just accompanied a visa interview to get a visa to get into United States. But rather than favorable or denying your request you have been told that your petition needs further work and they are swing you under 221(g), handing you a colored slip referencing that your application has been suspended under subdivision 221(g). Your request and supporting representations have already been authorized by US Citizenship and Immigration Services (USCIS) but the diplomatic building does not take that approval into consideration. So what does this mean?

221(g) is a impermanent denial or hold on the provision of visa. The immigration team at the consulate is not fully confident that the applicant is well-qualified to receive the visa on the day of the interview. So they want to acquire an additional papers or content to verify the certificate of the individual before the visa can be issued. So rather than giving a human action the case is put on hold until they can investigate and determine the applicant is eligible to receive the visa. There is no real time line how long this procedure can take. It can be accomplished in a week or drag on for a few period of time or take more than a year.

It means you will not be able to enter United States at present. You will not be capable to make it to your activity in US, your property (house, car, business) and possessions have to wait and any punctual appointments have to be canceled since there is no time formation for 221(g). This can happen to individuals who have been surviving in United States for long time and had been at a consulate for getting their sanctioned visa sealed to their passport when they traveled out of USA.

US immigration laws are fine tuned to welcome non citizen as immigrants and non-immigrants. But at the same time they are allowed only after across-the-board scanning of documents in either case. Frequently people who apply for US visa get affected with the assertion of their visa for many understandings. The most communal visa content is under the section 221-g. A refusal will be attended by a refusal clause from the commission which will state the reason for refusal.

 
Visa individuals are disqualify under section
221g because the applicant unsuccessful to carry some necessary information or representation, or some further process or analysis by the consulate office or some other U.S. government agency must be completed. During the interview the diplomat will advise the applicant on additive steps to acquiring collectively the right documents.

 

Color Codes of 221g


When the consulate finds the visa applier  temporarily disqualified to get the visa then the applicant will be given a denial form in a peculiar color while those whose visa is rejected will be given a refusal form in various colors.  

A simple BLUE form of 221g points that the consulate is in demand for extra encouraging documents of the applicant or the supporter of the applicant is needed  by them to take a decision on Visa Issuance. A case Figure is Marked on this Word form for the applier to have further communication.

A PINK form of
221g means that the applicant’s case is put forth for further Administrative Processing. The person  will be given a Reference ID for him/her to track the details of case online. This is mostly cognitive content if they are not fulfilled about the current employee or Work Experience related message or any other issues related to the applicant’s qualification or other issues on the far side of  our Cognition.

A WHITE form is a complex accumulation of
221G.They return the Case to USCIS for further Confirmation. (Reason of uncertainty not known).


A YELLOW form of
221gmeans general administrative physical process. They just want make sure that all documents supplied by you and the employer are genuine.

221(g) Changes to Knowledge towards Non immigrants

There are a number of explanations why 221(g) is contented but the implicit reason is a misgiving of non immigrants. It could be one of the pursuing information:

1.Immigrants are fetching our line of workhas prolonged  the view of some in US but never an authoritative line of reasoning. Over the past few time of life though the DOS has made it ambitious to hire non immigrants and 221(g) only makes holding non immigrants ambitious for companies. Several legal firms have seen this could be the reason why some messages have been set under 221(g) to evaluate companies from acquiring non immigrant work force by holding the paperwork. Even though no local alternate is available for some of the advanced technical  jobs for which non immigrants are direct applicants.

2.Whatsoever of the consulting firms that employed non immigrants resorted to improper activities that enclosed tax misrepresentation, unfair labor recompense and violating immigration rules. Some universities  and several employers  were raided and recovered for visa scam and several other offenses. This strength have lead consulates issuing more 221(g)s than earlier. In this case a few institutions resorting to unlawful activities are bringing bad reputation for the other organizations that abide by laws and demand non immigrant activity force to increase.

3.Since the placement of DHS several preventive practices have been engaged on non immigrants. With added security processes 221(g) has become ordinary with administrative processing.