One of the most persistent myths in business immigration is the idea that certain U.S. consulates are more “friendly” than others when it comes to business visa adjudications, especially for O-1 extraordinary ability visas, E-2 investors, L-1 intracompany transferees, and H-1B professionals. Many clients and even professionals believe that finding the “right” consular post is the key to visa approval.
But according to a recently updated practice pointer by AILA’s Business Immigration Response Team (BIRT) and the Department of State Liaison Committee, this belief, though understandable, is more fiction than fact.
Do “Friendly” Consulates Really Exist?
Yes and no. While anecdotal reports abound of certain consular sections being “easier” or “more lenient,” the reality is that outcomes vary widely and are primarily driven by the strength of the case, the preparation of the applicant, and the context of the application, not the location alone.
That said, some posts do develop deeper experience with certain visa categories simply because they process a larger volume. For example:
- E Visa Experts: Tokyo, Frankfurt, London, Toronto, Seoul
- L Visa Leaders: Chennai (for blanket Ls), São Paulo, London, Mexico City, and Beijing
- H-1B Familiarity: More common in posts that frequently send students and professionals to the U.S., such as India and certain parts of Southeast Asia
These posts often have dedicated teams and more experienced officers reviewing business visa applications. However, even these posts can surprise you as approval is never guaranteed, and outcomes can be inconsistent due to staff turnover, policy shifts, or individual officer discretion.
Why Visa Forum Shopping Can Backfire
A common mistake is trying to steer to a perceived “better” consular post, even when there is no ties to that location. This is known as forum shopping, and it’s a major red flag for visa officers.
Unless a client has a valid reason to apply at a particular post, such as an established business presence, residence, or ongoing travel, officers are likely to scrutinize the application more closely. In many cases, these strategies do more harm than good.
What Actually Drives Better Visa Outcomes?
Here’s what does make a difference:
- Well-prepared documentation tailored to the specific visa type
- Thorough applicant preparation for the consular interview
- Consular post familiarity with the visa category (volume-based expertise)
- Strong supervisory oversight and internal management within the consulate
For example, larger posts tend to have more experienced managers who can guide junior officers and ensure more consistent adjudication. Conversely, smaller or lower-volume posts might lack this institutional expertise.
When Smaller Posts Might Still Be a Good Fit for a Business Visa Application
Not all small posts should be avoided. Some, especially those in developed countries with low fraud risk, offer officers more time and flexibility to carefully review complex business visa cases. If the applicant has legitimate ties to the location, such as attending a business conference or visiting a company office, these posts can be a smart strategic choice.
However, the key is always substance over strategy. A weak or poorly documented application won’t be saved by choosing a different consulate.
Bottom Line
There’s no magic consulate. There are, however, consular posts with stronger expertise in certain business visa categories due to experience, training, and management quality. As a practitioner, your best tools will always be:
- Crafting a credible, well-documented petition
- Preparing your client thoroughly
- Avoiding unnecessary consular maneuvering unless there’s a legitimate basis
Strong cases speak for themselves, no matter the consulate!
At the Law Offices of Victoria Kuzmina, we assist entrepreneurs, executives, and professionals with tailored strategies for successful O, E, L, and H visa applications, including interview preparation and consular guidance.
Book a consultation today to assess your case and strengthen your visa strategy.
Disclaimer: This article was originally posted on LinkedIn by Victoria Kuzmina, Esq., and is for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship. For case-specific guidance, please contact our office directly to schedule a consultation.