
Countries / Territories
- 🌐
Related contacts
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Brussels (Benelux)
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Frankfurt
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- London
- Los Angeles, CA
- Matawan, NJ
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- Rio de Janeiro
- San Diego, CA
- San Francisco, CA
- San Jose
- São Paulo
- Shanghai
- Sheffield
- Silicon Valley, CA
- Singapore
- Sydney
- Toronto
- Detroit, MI
- Washington, DC
- Zurich
Related contacts
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Brussels (Benelux)
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Frankfurt
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- London
- Los Angeles, CA
- Matawan, NJ
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- Rio de Janeiro
- San Diego, CA
- San Francisco, CA
- San Jose
- São Paulo
- Shanghai
- Sheffield
- Silicon Valley, CA
- Singapore
- Sydney
- Toronto
- Detroit, MI
- Washington, DC
- Zurich
Related contacts
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Brussels (Benelux)
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Frankfurt
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- London
- Los Angeles, CA
- Matawan, NJ
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- Rio de Janeiro
- San Diego, CA
- San Francisco, CA
- San Jose
- São Paulo
- Shanghai
- Sheffield
- Silicon Valley, CA
- Singapore
- Sydney
- Toronto
- Detroit, MI
- Washington, DC
- Zurich
By: Janis M. Bailey
Consular officials worldwide are a unique group of people. Often in host countries without much oversight from the relevant Ministry of Foreign Affairs, or whichever government body is responsible for diplomatic posts around the world, consular officials have a lot of power. Almost universally, they have wide discretionary power to grant or reject visa applications. They also have opinions on which visa category is appropriate or necessary. This is where they sometimes overstep the bounds of their authority and cause some difficulties for our clients.
Consular officials have quite a bit of discretion on exactly what kinds of documents they want to see in support of an application. For example, a Spanish consulate in Brazil may require a different list of documents than a Spanish consulate in India. There may be originals requested in one country and copies in another. There may be travel itineraries needed, police certificates, or proof of health insurance requested, but again, that list may differ in another country. There can be no argument with consular officials when they request particular documents. Consulates need to ensure that applications are not fraudulent and are properly supported by evidence. They also have security concerns that may vary depending upon the sending country.
Can consular officials determine whether you need a work or business visa?
Intuitively, people also assume --- and many consular officials may assume --- that they also have the authority to determine whether someone requires a work visa or a business visa. The truth for most countries is more complicated than that. This becomes an issue particularly in that grey area between what is considered “work” and what may be considered valid business travel, without the need for a work permit. The determination of work permit issuance usually lies with an in-country authority, whether it be an immigration service or labour department, or a combination of agencies. Similarly, the internal enforcement of immigration laws may often lie with yet another authority in the host country, usually again a labour ministry, although sometimes a separate immigration policing agency. Therein lies the tension. Although a consular official may believe, based on the facts, that a business visa is appropriate, the work permit issuing authorities or the in-country enforcement agencies may have a different interpretation.
So, we often hear at Fragomen, “But the Consular Officer told me…” followed by information that the consular officer suggested that a work visa was not necessary. Of course, consular officials will continue to offer their help and advice on this topic. So I write this blog as a reminder and wish that those applying for visas will remember that on this particular issue of whether work or business visas are appropriate, consular officials do not always have the last word. Sometimes, it may be a labour inspector or sometimes a border guard or police officer. There are risks to be weighed and decisions to be made, and it will be important to keep an open mind even in the face of official advice.
Countries / Territories
- 🌐
Related contacts
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Brussels (Benelux)
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Frankfurt
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- London
- Los Angeles, CA
- Matawan, NJ
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- Rio de Janeiro
- San Diego, CA
- San Francisco, CA
- San Jose
- São Paulo
- Shanghai
- Sheffield
- Silicon Valley, CA
- Singapore
- Sydney
- Toronto
- Detroit, MI
- Washington, DC
- Zurich
Related contacts
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Brussels (Benelux)
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Frankfurt
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- London
- Los Angeles, CA
- Matawan, NJ
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- Rio de Janeiro
- San Diego, CA
- San Francisco, CA
- San Jose
- São Paulo
- Shanghai
- Sheffield
- Silicon Valley, CA
- Singapore
- Sydney
- Toronto
- Detroit, MI
- Washington, DC
- Zurich
Related contacts
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Brussels (Benelux)
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Frankfurt
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- London
- Los Angeles, CA
- Matawan, NJ
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- Rio de Janeiro
- San Diego, CA
- San Francisco, CA
- San Jose
- São Paulo
- Shanghai
- Sheffield
- Silicon Valley, CA
- Singapore
- Sydney
- Toronto
- Detroit, MI
- Washington, DC
- Zurich
Explore more at Fragomen

Media mentions
Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Video
Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Video
Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Media mentions
Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Awards
Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Media mentions
Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Media mentions
Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Video
Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Video
Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Media mentions
Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Awards
Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Media mentions
Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.