Released WikiLeaks cables may mean higher scrutiny for H-1B & L-1 visa processing, particularly for aliens from Mexico, Libya and Iceland

Categories: Immigration Lawyer Blog San Diego

Newly released WikiLeaks show that U.S. State Department officials have had rising concerns about fraud in H-1B and L-1 visa applications in countries that don’t get much attention for it – Mexico, Libya and Iceland. Typically, countries such as China, India, Philippines, and others receive higher fraud scrutiny but countries such as Iceland were not high on the list.

The WikiLeaks releases cite an unreleased reports from U.S. Consulate offices and officers that discuss applications overstating experience, education, or future job responsibilities in efforts to bolster their qualifications visas. The leaks also discuss Officials having rising concerns individuals setting up shell companies in the U.S. or companies forging documents to look legitimate and active.

However, the WikiLeaks do raise more questions than it answers. They also fail to provide any context in the total percentage or incidence of fraud on visa applications. No one is doubting that fraud does exist; but it would be unfair to target all H-1B and L-1 petitions without having some rational basis.

Regardless, what the WikiLeaks cable releases mean is that applicants who do consular processing in Mexico, Libya, and Iceland may now face higher scrutiny on their visa applications.

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