Client Alert: The importance of workers documenting proof of home ties at consulate/embassy visa appointments

Pabian Law Clients,

This Client Alert is to remind you of the importance that your workers bring proof of their ties to their home countries when attending their consulate/embassy visa interviews.

This Client Alert is particularly applicable our winter-season clients, many of whom are currently sending their H-2B visa workers to consulate and embassy interviews to allow them to enter the U.S. for the upcoming season.  For our summer-season clients, as we begin the H-2B process for your Summer 2026 seasons, this is an issue that you will need to be aware of come the spring when your out-of-country workers attend their embassy/consulate visa appointments.

Importance of workers demonstrating strong ties to their home country

We urge you to remind your out-of-country workers to bring proof of home/residency ties to their visa appointments. A lack of proof of strong ties can result in a visa denial. Examples of proof of home/residence ties include:

• Home mortgage/property deed/lease
• Utility bills
• Car ownership
• Insurance
• Bank statements
• Birth certificates of spouse and dependents
• Marriage certificate
• Photos of dependents and relatives

We recommend workers bring as much proof of home/residence ties as possible to their visa appointment.  Visa denials at consulates and embassies for a lack of home/residence ties cannot be appealed and the worker will need to start the embassy/consulate process over in scheduling a new appointment.  Due to the existing delays at consulates and embassies as outlined above, it is very important that workers get their visas the first time around so that both workers and employers can start the season on time.

Why it is so important to get this right the 1st time

Over the past few months, we have sent many communications and alerts about delays and increased vetting at U.S. consulates and embassies abroad.  As a reminder:

1. On January 20^th, President Trump issued one of his first executive orders after taking office, directing the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) to implement stricter vetting for visa applicants.
2. On April 9^th, U.S. Citizenship and Immigration Services (USCIS) announced that it would be looking at visa applicants’ social media during its review process.
3. On June 18^th, DOS announced expanded screening and vetting of all new visa applications after initially pausing new interview appointments for F, M, and J nonimmigrant visa applications.
4. On July 25^th, DOS announced that it would be changing its visa interview waiver policy, so that nearly all nonimmigrant visa applicants, including H-2B visas, will now be required to attend an in-person interview at a U.S. consulate.
5. Additionally, on September 6^th, DOS announced that nonimmigrant visa applicants should only be scheduling visa appointments at the consular or embassy in their country of nationality or residence.  They may not be able to apply as a “third-country national” in a country they do not have ties to.  If they do schedule in another country as a third-country national, they may face significant wait times in securing an appointment.

With so much happening at the U.S. Consulates and Embassies, we fear that it could be difficult to obtain visa appointments in the weeks and months ahead.  Additionally, the government seems to be taking a much stricter approach to visa issuance than ever before.  Therefore, it is imperative that workers are prepared and able to demonstrate that they qualify for H-2B visas when they go into the consulates and embassies.  This includes documenting ties to their home countries.

Please do not hesitate to reach out with any questions.

Thank you,

Keith and the Pabian Law Team