
Countries / Territories
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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
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Media mentions
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Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Blog post
Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.
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Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Blog post
Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

