H1B Beneficiary Attestation Required for H1B Stamping in US Consulate, Hyderabad

US Consulate in Hyderabad have introduced new change for H1B Visa Stamping interview process.

• H1B Visa 2013 (FAQ’s)

H1B workers attending interview who will be working for a consulting company have to complete the H1B Beneficiary Attestation document.

I saw the posting in AILA and several immigration attorneys have posted the copy of the following documents online.

H1B Beneficiary Attestation

US CONSULATE GENERAL, HYDERABAD, INDIA
DATE
I, _____________ born on _____________ in _____________ state that:

1. I have read and understand the Wilberforce pamphlet.
2. The petitioner is _____________
3. The petitioner supervisor is _____________ with a principle location of _____________
4. The number of petitioner employees at the work site is_____________
5. My primary work location is _____________
6. The end-client for my work is _____________
7. The end-client supervisor is _____________
8. The _____________ supervisor is located ‘offsite’ and is not regularly employed for the predominant part of the workday/work week/work month at the site where I work.
9. Contact with the _____________ supervisor is limited to weekly visits to the _____________ office and occasional Petitioner supervisor visits to end-client work sites.
10. The principle day-to-day management is conducted by the client, _____________
11. The client, _____________, provides the tools and equipment (including any software and operating environment) needed for the job.
12. The petitioner, _____________, makes primary hiring firing and promotional decisions.
13. Petitioner supervisor sits down at end-client location and reviews code, does not rely on on-site Petitioner supervisor for evaluation purposes.
14. The petitioner, _____________ claims Beneficiary for tax purposes
15. The petitioner, _____________ provides primary benefits, such as life/medial insurance etc.
16. The petitioner _____________ does not provide any primary/key proprietary tools or applications for the work.
17. I produce a product related to Petitioner’s line of business.
18. The client, _____________ makes the main development and product decisions for the end product I produce.

I understand that any false, knowingly incorrect, or misleading statements made to a consular or immigration official may result in a permanent ineligibility for a visa to the United States of America.
_____________ Subscribed/sworn before/by me this day _____________
_____________ _____________
Deponent Vice Consul/Consul/Investigator
False, Incorrect Information

Read the last sentence in H1B Beneficiary Attestation document.

I understand that any false, knowingly incorrect, or misleading statements made to a consular or immigration official may result in a permanent ineligibility for a visa to the United States of America.

How does a typical IT Services, Consulting company H1B Visa worker go to USA?

Company will apply for H1B Visa and out of blue, manager will say, “You are going to USA. Get ready to attend the visa interview”.

H1B Workers should have worked in the project for few months or years (hopefully).

Person goes to the consulate to attend the interview. Once the H1B visa is approved, then travel to USA.

Now, with new H1B Beneficiary Attestation document in US Consulate Hyderabad, its going to take much longer to prepare and answer the questions. Employer have to prove Employer Employee Relationship exists.

We have to wait and see to see how this new change impacts the H1B Visa interview.