H-1B Beneficiary Attestation Introduced by US Consulate in Hyderabad

Among increased scrutiny and often long waiting period to obtain an H-1B (and sometimes even H-4 for their dependents) visa stamp, a number of US-based IT consulting employees are understandably nervous about traveling abroad and attending the H-1B visa stamp interview.

Our office handles a substantial number of such H-1B petitions and H-1B visa stamp applications and while we can confirm that a well-prepared H-1B stamping application has a very good chance of success, nonetheless, the scrutiny and level of review/delay has increased.

US Consulate in Hyderabad, India Introduces Attestation Document for H-1B Workers

We have learned that the US Consulate in Hyderabad has started requiring certain H-1B applicants (most likely who would be working for IT consulting companies) to sign a notarized statement attesting to a number of facts in relation to their third-party client placement and employment.     See a real (but redacted) attestation document.

H-1B Applicants in Hyderabad Must Attest to the Terms of Their H-1B Employment

The attestation seems to require the H-1B worker to provide or confirm (under oath and under penalty of permanent bar on admission to the United States) a number of facts relating to the H-1B employment.    First, the H-1B worker must confirm that he or she has read the Wilberforce pamphlet which has been provided to them by the Consulate.   The Wilberforce pamphlet is a document which is usually given out by U.S. Consulates to certain visa applicants informing them of their rights under the human trafficking and labor laws in the United States.

In addition, the H-1B workers must attest to key facts describing the employment – including name of end client, identities and contact information of supervisors, terms of employment and other facts describing the employer-employee relationship between the sponsor employer and the H-1B worker.

Importantly, the H-1B worker submits the statement under oath and subject to a permanent ban on entering the U.S. for providing false information.   Since the information required in the attestation often comes from the H-1B sponsor employer, the fact that the H-1B worker has to attest to facts to which he/she may not have direct knowledge should cause an H-1B worker to pause and ensure that all information is correct before signing his or her name.

Conclusion

It seems that the H-1B worker attestation introduced by the US Consulate in Hyderabad is a new approach in the H-1B visa stamping procedure — at least for Hyderabad.   We do not have direct reports of this kind of attestation being used by other Consulates; however, it is possible the use may spread.   We hope that this kind of attestation is limited only to cases in which the employment terms and the employer-employee relationship is not amply documented.   When the H-1B sponsor is willing and able to document amply the facts and the terms of the H-1B employment at a third-party client site, this attestation should not be needed.

Have you received or have been asked to sign similar attestation?   Please let us know.

We will continue to monitor developments on this topic and provide updates.    Please do not hesitate to contact us if we can be of any assistance or answer any questions.  We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.