Role of KCC’s Fraud Prevention Unit

The Kentucky Consular Center (KCC), integral to the U.S. visa application process, has reportedly begun a new practice that could significantly impact the clarity and transparency of fraud checks and background inquiries. The American Immigration Lawyers Association’s (AILA) Department of State (DOS) Liaison Committee has recently learned that the KCC Fraud Prevention Unit may now include attorneys of record in emails to petitioners during these checks.

Background on KCC’s Role

The KCC plays a crucial role in pre-screening visa applications and conducting research for fraud prevention. Their work primarily involves verifying the existence and details of a position, the location of the petitioner, and the job site. While KCC does not make final decisions, their research is vital for posts to adjudicate visa applications effectively.

It’s important to note that KCC’s research isn’t always directly linked to fraud checks, visa refusals, or consular returns. More commonly, their task involves pre-screening cases and conducting research before a post reviews the visa application. This process includes random quality assurance checks and screenings triggered by internal criteria, especially in the context of H and L visas.

Committee Update on Attorney Inclusion

In a significant development during a recent meeting with KCC, the DOS Liaison Committee addressed the issue of attorneys not being included in KCC’s emails to petitioners. The Committee suggested that KCC consider copying the attorney of record in these communications. Following this, there are indications that KCC has begun to implement this practice, potentially marking a change in how attorneys are engaged in the visa application process.

Conclusion

This move to include G-28 attorneys in communications could enhance the transparency and effectiveness of the fraud prevention process and marks a positive step. By keeping attorneys in the loop, petitioners can receive better guidance and clarification, ensuring a smoother and more transparent visa application process.