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In our Key Takeaways from AILA Copenhagen series, we provide immigration attorneys with insights and practical tips relevant to business, gathered from our participation at the latest AILA conference held in October 2024 in Copenhagen, Denmark. One key discussion point that stood out is the unique nature of U.S. consulates and the importance of understanding the specific post you are filing in.
Each U.S. Consulate: A Kingdom of Its Own
A significant lesson we’ve reiterated, and one that was underscored at the conference, is that each U.S. consulate operates like its own independent kingdom—complete with its own rules, expectations, and interpretations of immigration law. Think of it as a modern-day feudal system where the consulates function autonomously under the larger structure of the U.S. Department of State. This autonomy means that what works at one consulate may not hold true at another, making it crucial for attorneys to “know their post” when filing petitions.
Why Knowing Your Post Matters
To maximize your client’s success, understanding the specific nuances and preferences of the consulate where you are submitting a petition is vital. Each post comprises a mix of seasoned officers with years of experience and newer officers who may still be learning the intricacies of their role—and sometimes making mistakes in the process. Consulates that process a higher volume of petitions typically have more experienced officers who are adept at handling complex cases, whereas smaller or less busy posts may have officers who interpret regulations differently or more rigidly.
The Example of the U.S. Consulate in London
Take the U.S. consulate in London as an example. This post has recently begun interpreting the concept of marginality differently when assessing E-2 visa petitions. While many consulates consider a range of factors to determine if an E-2 business can generate more than just minimal income, the London consulate now applies a stricter lens. It expects E-2 businesses to be fully operational and have employees at the time of application, raising the bar for applicants and requiring meticulous preparation. (We recently covered these changes in more detail in a separate blog post.)
Tips for Attorneys: How to “Know Your Post”
Understanding the nuances of each consulate can significantly impact the outcome of your client’s application. Here are a few strategies to help you get familiar with your post:
Research and Updates: Stay informed through trusted sources such as AILA updates, consular websites, and industry insights.
Networking and Peer Insights: Engage with other immigration attorneys who have experience with specific posts to gather firsthand knowledge and tips.
Tailored Preparation: Customize your petitions according to the known preferences and tendencies of the specific consulate, ensuring compliance with both written and unwritten expectations.
Join the AILA Rome District Chapter - EMEA: Chapter members are always willing to help and can answer questions about specific U.S. consulates.
Final Thoughts
Treating each consulate as its own kingdom is essential for ensuring your client’s success. By thoroughly researching the post you’re filing in, leveraging peer insights, and tailoring your petitions to the specific expectations of that consulate, you can better position your clients for successful outcomes. The conference in Copenhagen served as a powerful reminder that while the U.S. immigration system operates under one set of laws, the interpretation and application can vary widely depending on the consulate.
For more insights and practical advice, stay tuned to our Key Takeaways from AILA Copenhagen series. If you need custom immigration business plans that are crafted based on the specific consulate where you will be filing, contact us. We monitor those unwritten rules to ensure our work fully supports our clients' needs and maximizes their chances of success.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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