Update on L and H Visa Issuance in India
Posted Oct 11, 2002

The U.S. Department of State (DOS) confirmed on October 2, 2002 that posts in India continue to process L-1 and H-1 visas. This includes L-1 visa applications that are based on "blanket" L-1 petition approvals. There has been a temporary change in the interview requirements, however. DOS provided this information in response to a question from AILA attorneys about a rumored moratorium on L visa issuance in India.

A problem arose in September 2002 regarding very large numbers of L-1 visas being issued at the U.S. Consulate in Mumbai for the same company, based on a blanket L-1 petition. It appeared to the INS Inspector at the Port of Entry that the H1B category would have been more appropriate for many of these employees. The consulate in Mumbai reviewed their procedures to make sure that their visa decisions were in compliance with the law. In order to do so, the consulates at both Mumbai and New Delhi suspended processing L-1s briefly. Both consulates are now processing all such visa cases again.

The consulates in India also have been requiring interviews of all new H and L applicants. This policy may continue for a few more weeks, after which time consulates should announce that applicants can use dropbox services in appropriate circumstances once again. Readers can count on the MurthyBulletin and MurthyDotCom to report any significant changes. Consulate websites should carry announcements of day-to-day policy updates.