Articles

The issue I want to address in this article is not exclusive to the United States, but it is here that the problem is most pronounced. Having worked for many years with investors under the EB-5 program and being personally acquainted with hundreds of families, this topic is especially relevant and close to me.

The U.S. is a country whose history is built on immigration. Millions of people from around the world came here in search of a better life, creating the cultural and economic diversity that transformed the nation into a global superpower. America has always portrayed itself as the «land of freedom,» where anyone can achieve their dream. However, the current visa process is causing immense frustration. It’s paradoxical that a country founded by immigrants is now known for its stringent visa restrictions, subjective rejections, and discriminatory practices.

How It Works: A Free World for the Select Few

For many, the U.S. visa application process becomes an unpredictable and humiliating ordeal. Imagine going to a restaurant with your family only to be refused entry without explanation. You feel the injustice, but you are simply asked to leave. Let’s remember that a restaurant is private property, and in theory, the owner has the right to decide whom to admit. Yet even under such circumstances, it provokes outrage. Now imagine that instead of a restaurant, this is an entire country that doesn’t belong to a single consular officer or border agent. Nevertheless, U.S. visa policies close the door daily to thousands of people, often without any explanation.

Every day, consular officers around the world deny entry to the U.S. based on subjective reasons. What’s more, these decisions are impossible to challenge. Even if the grounds for denial are unfounded, they are not disclosed, and there is no avenue for appeal. This creates an atmosphere of complete uncertainty, where an applicant’s fate depends on the mood of the visa officer, and there is no clear mechanism for contesting such decisions.

Presumption of Guilt

The presumption of innocence is a cornerstone of the American legal system, but in visa policies, it loses its significance entirely. Visa applicants are viewed as potential lawbreakers even before they set foot on American soil. Consular officers assume by default that every applicant might remain in the U.S. illegally, and the burden of proving otherwise falls on the applicant.

American laws require that each visa applicant demonstrate «non-immigrant intent,» meaning they must prove they don’t intend to stay in the country. This is an absurd requirement, as a person’s plans can change at any moment. Even if someone wishes to stay legally, that’s their right. However, thousands of applications are rejected on these grounds. A person’s intentions are questioned based on assumptions and stereotypes, leading to baseless denials.

National Discrimination: A Hidden Reality

Moreover, the U.S. visa system contains elements of both hidden and overt discrimination. Statistics show that citizens of Latin American, African, or Asian countries face significantly higher denial rates than those from Europe or Canada. For instance, in 2022, the denial rate for student visas for citizens of Pakistan, India, and many Middle Eastern countries exceeded 30%, while for Europeans, the rate was significantly lower, not exceeding 10%. This reveals that the U.S. visa policy is not only complex and confusing but discriminatory in nature.

Many applicants find that their nationality works against them, even when all documents are in order and financial obligations are met. Citizens of developed countries receive visas with ease, while those from lower-income countries face suspicion and mistrust. Let’s not forget that no one chooses where they are born, just as one doesn’t choose their gender or race. Discrimination based on this is unacceptable. Ironically, the U.S., which positions itself as a champion of human rights, often violates its own principles. A strange defender of freedom, don’t you think?

These are not hypothetical scenarios. Real-life examples illustrate just how deep this problem runs. Visas can be revoked from already accepted students, people are turned away at the border, or visas are denied over trivial matters. For example, there are numerous guides on how to behave in the consulate, but is it fair that a shy or reserved person might be denied entry just because they appeared uncertain?

Investing Without Guarantees: The Case of the EB-5 Program

Visa denials don’t just affect students and tourists. The EB-5 program, which offers green cards for significant investments in the U.S. economy, also faces criticism. For instance, a client of mine — a successful businessman who invested half a million dollars into the U.S. economy — encountered incredible difficulties. For nearly three years, he waited for his petition to be approved, and once it was, a consular officer initiated an administrative review. As a result, the client waited another two years, despite all his investments and properly prepared documents.

This case illustrates the state’s indifference to those who fulfill their obligations honestly. A person risking their capital remained in limbo for five years, with no ability to influence the process.

The Surrealism of U.S. Visa Policy: A Nation of Immigrants

The situation becomes particularly absurd when you consider that the U.S. is a country built by immigrants. Virtually every American can trace their roots to people who came here seeking a better life. Yet, today’s visa policy contradicts this legacy. The once-accessible American dream is now out of reach for many, who are confronted with bureaucracy, prejudice, and baseless denials.

Even more surreal is the fact that visa decisions often depend on the mood of the officer, turning the process into a lottery. The irony is that many of these officers themselves are descendants of immigrants.

What Needs to Change?

It’s clear that U.S. visa policy is in need of major reform. Here are a few suggestions that could make the process fairer and more transparent:

• Clear explanation for rejections. Visa officers should provide specific reasons for denial so that applicants understand where the error lies.
• Creation of an appeals system. There should be an independent appeals process allowing applicants to challenge visa decisions.
• End discrimination. Visa policies should be the same for all applicants, regardless of nationality.
• Presumption of innocence. Applicants should be considered law-abiding unless proven otherwise.

Conclusion

The United States, a country of immigrants and democracy, today contradicts its own principles. Unjustified denials, lack of transparency, and national discrimination cast a shadow on the image of the country as a leader of the free world.