Friday, May 1, 2026

New "Harm or Mistreatment" Interview Questions to be Expected at Your H-1B1 Visa Interview

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here and my law firm website can be found here.  Feel free to connect with me on Linkedin.

The Washington Post and other media outlets reported that, per an April 28, 2026 cable, the Department of State will require consular officers to ask applicants 2 questions during the interview:

1) “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and 

2) “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?”

Per the reports, applicants must verbally respond at the visa interview with “no” to both questions in order for the visa process to continue and for the visa to be issued. 

Therefore, you should expect to be asked the above 2 questions at your H-1B1 visa interviews at the US Embassy in Singapore.  

If you say "Yes" to either of the above 2 questions, or refuse to answer the questions, the visa will be refused. 

It appears this new measure is meant to discourage or deter visa applicants from seeking asylum subsequently.  For instance, applicants who receive a visa based on a negative response to the questions and later apply for asylum in the US may be challenged on the credibility of their asylum claim against their answers at the visa interview.  By subsequently applying for asylum, such applicants may be found to have misrepresented at the time of the visa application since later applying for asylum could be seen by the government as being inconsistent with answering "no" to both the above 2 questions.


Disclaimer:  This blog post is for informational purposes only and does not constitute legal advice. 




New "Harm or Mistreatment" Interview Questions to be Expected at Your H-1B1 Visa Interview

I a m a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar re...