Press Information Bureau

Government of India

Ministry of Commerce & Industry

07-May-2012 15:8 IST

Visa Rejection by USA

Denial rates for Indian born applicants for new L1B petition filed with the United States Citizenship and Immigration Services (USCIS), which are used to transfer employees with “specialized knowledge” into the United States rose from 2.8% in Fiscal Year(FY) 2008 to 13.4 % in FY 2011. (Source: National Foundation for American Policy (NFAP))

As per industry reports, this has resulted in many employers being unable to transfer their employees into the United States to work on research projects or serve customers.

The visa issue has been raised at various levels with the US Government including Ministerial level, Commerce Secretary level and during the Commercial Dialogue.

. The United States of America (US) sought consultations with India under the Dispute Settlement Mechanism of WTO with regard to India’s import restrictions relating to poultry and other products on account of Avian Influenza in view of notification 1663 dated 19 July 2011 of Department of Animal Husbandry, Dairying and Fisheries. Consultations were held with the US on 16-17 April, 2012 in Geneva. During these consultations various provisions of India’s notifications were explained and response was given to the US questions.

This information was given by Shri Jyotiradiya M. Scindia, Minister of State for Commerce & Industry in written reply to a question in Lok Sabha today.

DS/GK

L1B visa denial rates affect cross-border employee transfers and prompted bilateral and WTO-level consultations on trade measures. Rising denial rates for new L1B petitions have constrained employers from transferring employees with specialized knowledge to the United States, prompting representations at ministerial and commerce secretary levels. Separately, the United States sought consultations under the WTO Dispute Settlement Mechanism regarding India's import restrictions on poultry and other products linked to avian influenza notification 1663, and consultations in Geneva allowed India to explain the notifications and answer US questions.