L1 Visa Consular Processing in India

Step 1. Approval of Form I-129

The first step is to obtain approval of your form I-129. For more information on this please view our India L1 Visas page.

Once your form I-129 is approved your case will be forwarded to the applicable US Consulate in India for visa issuance. The applicable consulates covering the various States in India are listed below on this page. You will be scheduled for a visa interview at the consulate covering the State in which you reside. L1 blanket visas are an exception and are all processed at the US Consulate in Chennai.

Step 2. Proper Business Documentation

The consulate will want to know that you have a bona fide business in India. The largest cause of L visa refusals and Administrative Processing is failure to properly document the Indian business.

If you do not convince the consular officer that you have a legitimate Indian business, your case is likely to be placed in Administrative Processing. Administrative Processing can cause weeks of delay as the consulate investigate your business.

Step 3. Consular L-1 Visa Application Procedures in India

US Consulates in India have different procedures for processing L1 visa applications. L visa applications from each of the 28 States and 8 Union territories in India are handled by a specific consulate. Follow the links below for a guide on how to process your L1 visa application.

We have also listed the Davies & Associates (“D&A”) office in India service the relevant area.Feel free to call our local team with questions.

Which US Consulate In India?

States and Union Territories	US Consulate	D&A Office	Link for Information
NCR	Delhi	Delhi	Apply for L1 Visas in Delhi
Himachal Pradesh, Haryana, Punjab, Jammu and Kashmir,Ladakh,Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, and the country of Bhutan	Delhi	Delhi
Tamil Nadu, Karnataka, Kerala	Chennai	Chennai	Apply for L1 Visas in Chennai
Maharashtra, Gujarat	Mumbai	Mumbai	Apply for L1 Visas in Mumbai
Madhya Pradesh	Mumbai	Mumbai
Chhattisgarh	Mumbai	Mumbai
Goa	Mumbai	Mumbai
Telangana	Hyderabad	Bangalore	Apply for L1 Visas in Hyderabad
Andhra Pradesh, Odisha	Hyderabad	Bangalore
West Bengal, Bihar, Jharkhand, Sikkim, Assam, Meghalaya, Tripura, Mizoram, Manipur, Nagaland and Arunachal Pradesh	Kolkata	Bangalore	Apply for an L1 Visa in Kolkata

Step 4: Wait. How Much Processing Time does an L1 Visa Take in India?

L1 processing time from India is the combination of two factors:

• A) I-129 Processing Time. There are two relevant times:
• a) Premium Processing. With premium processing the applicant pays an additional fee. The premium processing fee changes but the current fee is published by the USCIS. Cases taking premium processing are either adjudicated in ten days or the premium processing fee is refunded.
• b) Without Premium Processing. These cases can take months. USCIS publish current processing times.
• B) Consular Processing Time.
  Different consulates have different processing times. Current times are published by the US State Department.

Step 5: Avoiding Consular Delays in India

Consular processing can take many months in India. Options to speed-up processing include:

1. Expedite Request.

Consulates will consider expedite requests. Procedures vary by consulate, please contact us for details but pressing the red button.

2. Processing in a Different Consulate.

It is possible for an Indian L1 visa applicant to process their visa in a consulate outside of India. Vietnam and Singapore have both been popular recent options. Your L1 visa immigration lawyer will be familiar with processing times in different consulates. He or she will advise you whether processing in another consulate is an option in your case.

3. Make Sure your Indian Business is Compliant

The consulates in India will make sure your Indian business is in proper compliance and lawfully operating. Where there is any uncertainty a consular investigator or inspector may be sent to your Indian business premises. Have your Indian tax returns and applicable licenses, such as a Shops & Establishments Act license, available.

Cost of a Consular Interview in India

Most of the fees involved with an L1 visa are paid at the I-129 stage. These fees are significant and are listed on our L1 Visa page for India.

As a reminder, these fees are:

• I-129 basic filing fee: $460
• Anti-Fraud Fee: $500
• Public Law 113-114 Fee: $4,500. Applicable only if the US employer has greater than 50 employees with over half in L-1 or H-1B status.
• Premium Processing (Expedite) Fee (Optional): $2,500

In addition to the above I-129 stage fees there is a visa application/issuance fee charged by the consulate.

• As of May 30th, 2023 the cost for a visa application will rise to USD 205.

Step 6. Preparing for your Interview

Every consulate has different staff and officers conducting interviews. Interview questions and practices vary not only by consulate but by consular officer.

If you are an L1-b applicant be prepared to discuss your specialized knowledge.

Step 7. Consular Refusals in India

In the past decade, we have handled hundreds of L visa cases. Our success rate has been exceptional, as only one of our clients has faced an L visa refusal in India.

If the consulate wish to investigate your application further they place your case in “Administrative Processing”. The consulate may send an investigator to your business or request other documentation. At the conclusion of Administrative Processing your visa will either be issued or refused.

If your visa is refused you have a very narrow window of opportunity to get the consulate to reconsider before the case is returned to the US. We have had success in overnighting further evidence to the consulate in Mumbai with a request that the refusal be reviewed.

Specific reasons why your visa may be refused include:

INA Section	Reason for Visa Refusal
221(g)	The applicant failed to convince the consular officer that they meet the requirements for visa issue. A case may be place into “Administrative Processing” while the applicant is given an opportunity to produce additional documentation.
214(b)	The applicant did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant.
212(a)(2)(A)(i)(I)	Applicant convicted of a crime of moral turpitude
212(a)(2)(A)(i)(II)	Drug related conviction
212(a)(2)(B)	Has two or more criminal convictions for which the total sentence of confinement was 5 years or more.
212(a)(4)	Did not provide an adequate affidavit of support when one was required; therefore denied under public charge.
212(a)(6)(C)(i)	Misrepresentation of Fraud in a visa application.
212(a)(9)(B)(i)	Prior unauthorized overstay in the United States.

Consular Refusals and 221 (g) in India

For L visa applicants the most common cause of L visa refusal is 221(g).

Often a 221(g) refusal results in a case being placed in “administrative processing” while the consulate investigates a question or concern they may have. However, the consulate can also refuse to issue a visa and return the application to the National Visa Center/USCIS for revocation of your I-129 approval.

A 221(g) L1 visa refusal may not be final and can be issued for different reasons. While increasingly consulates DO NOT follow the State Department’s color-coded refusal sheet system for 221(g) refusals it neatly categorizes 221 (g) refusals.

Color-Coded 221g Slips

Pink 221(g)

Your case will require administrative processing

White 221(g)

Your case falls under the complex category of section 221(g)

Blue 221(g)

The consulate needs more supporting documentation

Yellow 221(g)

The consulate needs additional time to review the documents