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What Is 221(g) Refusal? What Can I Do to Get the H-1B Visa Approval?

Hi William:

Last week, I applied for H-1B visa at U.S. consulate in my home country and received the "INA 221(g) Refusal". What is the 221(g) Refusal? and what can I do to get the H-1B visa approval? 

Answer:

When an individual applies for an H-1B or other nonimmigrant visa at the U.S. consulate, it can be common to be refused initially under Section 221(g) of the Immigration and Nationality Act (INA). This broad section applies to a wide variety of visa application issues, including some that are fairly minor and temporary. It directs consular officers not to issue a visa if it appears that the applicant is not eligible under any section of law. 

In practice, it is often used when there is problem or additional information required in a case, even if the matter is minor or temporary. It allows the consular officer to ask for more documents, or otherwise review the case in more detail. There are many visa applications that are approved following the issuance of an INA 221(g) refusal. Security checks can be cleared and the missing documents can often be provided. Thus, there are many aliens who have received INA 221(g) refusals at some point, but, ultimately have been able to obtain their visas to enter the United States. 









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