H1B Denials
Most Common Reasons for H1B Denial
H1B Visa Denial: An Introduction
USCIS receives tens of thousands of H-1B visa applications annually. Many of these petitions are denied for reasons such as failure to provide documentation of accurate job assignments or faulty delivery, inability to pay filing fees, and the dubious nature of the transfer. Worried about H1B Denials? Visit Techfetch H1B website, where you can find immigration-related guidelines and up-to-date information regarding H1B visas. Studies show an increase in visa petition denials. In previous studies, the H1B application denial rate never exceeded 6% but doubled to 12% in 2018.
You can stay in the US until the date on your arrival or departure card if you file all tax returns based on your tax ID, even if your H-1B application is denied. If you lose your job before your visa expires, you have 60 days to find another. If there is a valid employer-employee connection, you can change your position, job title, or leave the country.
H1B Visa Denial Reasons that can be Avoided:
No sufficient proof from the requesting employer that the business is established and has the right to hire H-1b workers.
H-1B applicants have no ties to the country.
Recipients have lived abroad for a long time.
Delivering documents and current wage payments through a non-guaranteed courier service or the wrong delivery center.
Employee or sponsor violations of law, such as not being in status.
Top H1-B Denial Reasons: What to Expect This Year?
Have a look at the list of reasons that lead to H1B visa denials:
1.The petitioning employer fails to demonstrate that the worker met the specialty occupation requirements. Your education must match the job requirements according to the USCIS. For instance, if the third-party site you want to work for as a foreign worker requires a bachelor's degree, you must have one.
2. There is no valid employer-employee relationship. Not having a good relationship with your employee during employment. The agencies want to know if the employer controls the employee.
3. Failure to demonstrate that the visa employee will be doing a specific task for the given period of employment.
5. The H1B applicant did not maintain their visa status.
6. Failing to prove or establish that sponsors had specific engagements for employees.
7. Failure to prove that sponsors have a certified Labor Condition Application for the position.
8. Inability to prove eligibility for the benefits of AC21 or visa extension.
9. Employers who fail to provide an itinerary at different locations in which the employee will be engaged for work.
10. Employees who do not pay all visa filing fees.
11. Previously denied or pending H-1B visa petition
12. Economic recession in the country or unemployment for US citizens.
13. The poor presentation of applicants for visa interviews.
What Happens After H1B Visa Denial?
Can you work? In this case, you cannot work for a new sponsor. You can start working once USCIS accepts your petition. While your H1B is being considered, you can work, but you must stop after a denial.
You can follow several steps if your visa is denied:
Have your sponsor file a petition on your behalf; You may take the help of a lawyer. Also, file a legal motion to reopen or reconsider your case with the help of an immigration attorney or law firm.
Can you reapply? You can reapply for a visa next year. Remember to start from scratch. The process has several stages, which include convincing the employer and proving your eligibility. Avoid making the mistakes that you did earlier. Build a good relationship with your lawyer so that he may help you.
Takeaway
There is an increase in H-1B visa denials. You should be aware of the common reasons. Learn how to avoid H-1B denials and what to do if you are. For more information on the H1B Denial and other topics related to US immigration, visit Techfetch H1B website.
Watch our H1B features in our video
Subscribe to our playlist for latest audios from Techfetch H1B
