Non-Immigrant Visas
Non-Immigrant Visa Guidance for American Firms
The following guidelines have been prepared to help American firms understand the NIV application process at the American Embassy in Sana'a, Yemen.
BACKGROUND
Every Month, hundreds of non-immigrant visa (NIV) applications are processed by the American Embassy in Sana'a. According to American law, as outlined in Section 214(b) of the United States Immigration and Nationality Act, an NIV applicant is required to overcome the presumption of immigration intent. When an application is refused, it is usually because the applicant has failed to convince the consular officer that he/she intends to return to Yemen after a temporary stay in the United States.
GETTING YOUR CONTACTS TO THE UNITED STATES
Preparedness is the best method for successfully navigating the NIV application process. The invitation letter you write on behalf of your applicant is an essential component of his/her application package. Applicants are strongly encouraged to submit an invitation letter at the time of application. For the sake of your applicant’s and your company’s credibility, the letter must be neat, accurate, and convincing. It must be signed by the person authorized to finance travel for your company’s international visitors. The letter should include the names, dates of birth, and passport numbers of each individual who has been invited by your company. Your letter must also include contact information (phone, fax, e-mail) for your company in case the interviewing officer has further questions.
Supplemental information in support of a prospective visa applicant should not be faxed or phoned to the Commercial or Consular Sections.
Any material you wish the officer to see when making a decision must be given DIRECTLY to the applicant to be presented at the time of the interview. Each applicant must present his/her own application materials. If a particular document has not been given to the applicant to present to the officer at the time of interview, assume the officer has not seen it. Send your applicant to the visa interview well-prepared with all necessary materials in hand.
VISA FRAUD
Applicants should be instructed to be truthful at all times. Applicants who fail to answer direct questions posed by the consular officer, who are unable to provide evidence of their income or employment, who do not provide information about friends or relatives in the United States, or who fail to reveal that they have previously applied for a visa provide the consular officer with ample reason to doubt the stated purpose of the proposed travel to the United States. Honesty is the ONLY policy.
ALLOW TIME FOR UNFORESEEN PROBLEMS
Encourage your applicants to apply for visas well in advance of the intended date of departure (see Current Visa Processing Time). This will allow time for problems to be sorted out and for re-application to be made if necessary. Frequent travelers are encouraged to renew their visas well in advance of the expiration date on their current visas.
FINAL THOUGHTS
The American sponsor can only do so much to help applicants through the visa application process. Remember, the decisions of the consular officers are made according to American law. Each applicant’s personal situation is considered when a decision is made and the reality may be that the candidate with whom you are interested does not meet the qualifications for a non-immigrant visa at this time. Do not fall into the trap of relying so heavily on one individual that failure to receive a visa puts your entire project in jeopardy. If there is legitimate trade or investment at stake, an appropriate Jordanian contact who is eligible to travel to the United States can almost always be located.