H1B visa revocation

Avoid These 3 Reasons for H-1B Denials

All you need to know about H1B revocations

Want some Visa guide to avoid H1b denials? Here's Techfetch H1B to help you with all informative immigration-related news, the guides and the reasons for H1B revoke and solutions for the same. More than a third of H-1B visa applications received RFEs from USCIS in 2018, as rejection rates increased and approval rates decreased.

In 2018, 38% of H-1B applications received RFEs, compared to 22% the previous three years. In 2018, denial rates quadrupled to 16%. The RFE request acceptance rate decreased to 60% from 80% in 2015.

Understanding the USCIS visa eligibility criteria is crucial. Employers can use this information to anticipate concerns that adjudicators might raise.

Reasons for H1B revoke

RFEs can have several causes. Employers should also be prepared to offer even more information and evidence after the filing. Have a look at the three important reasons for H1B revoke:

1. Failure to establish a specialized profession

Failure to establish a specialized profession is the most common basis for an RFE H-1B. It is by far the most common cause of RFE application and visa denial. To qualify for an H-1B visa, the employer must show that the job requires a specific set of skills and a bachelor's degree or equivalent.

USCIS has recently narrowed its definition of a specialized profession and generally requests more information when work activities do not appear specialized enough to require a bachelor's degree or when the applicant's field of study is not specialized enough for the position.

The requirements need a bachelor's degree or equivalent in a certain field. A bachelor's degree is not enough. Employers must specify job functions, positions, responsibilities, and education/experience requirements.

Job descriptions should be as clear as possible and match the SOC code on the petition's employment status application. Employers should review the SOC code job specifications, duties, and technology and incorporate them into employee job descriptions whenever possible. Specialized skills, technology, and education can help in the case of the specialty occupation. RFEs typically ask for a complete job description, documentation of similar people and job postings.

The USCIS Administrative Appeals Office (AAO) decided twice in 2018 that Tier 1 and 2 wages do not determine specialty occupation status. This is excellent news for businesses because if an H-1B is rejected in part for that reason, the AAO will assess the wage issue more favorably.

2. Employer-Employee relationship not established

Employers must demonstrate a legal employer-employee connection to H-1B workers for the required length of time. USCIS looks at a variety of elements to assess whether a legal employer-employee connection exists when a sponsored person works off-site with a third party.

This issue commonly arises in the consulting or staffing industries and implies that the agency is assessing the influence of the employer on the employee. The petitioner may be required to show that he can regulate when, where and how the beneficiary works.

This proof can be shown in the employer's letter of support, contract documents with the client, and a work statement describing the H-1B worker's project or deliverables. If possible, provide a letter from the client confirming the employment contract.

USCIS provides RFEs to petitioning businesses that do not demonstrate that an H-1B worker at a third-party location will perform special occupation work for the desired length of time. An employer may show written contracts, job assignments, and customer work orders to verify the consistency of work. USCIS likes specificity, so it might be helpful to offer a job description.

3. Absence of required skills

A company must demonstrate the qualifications of an H-1B worker. The H-1B worker's degree and disciplines of study should complement the job. 'Close enough to the associated field' used to be acceptable, but not anymore.

If a foreign worker has a degree in an unrelated or slightly similar subject, but years of work experience in a related industry, the employer must take a test to establish whether the education and experience match the job criteria.

Takeaways to avoid H1B revocations

Besides a credential exam, the company will want to explain in the corporate support letter why the H-1B worker qualifies for the position. USCIS accepts three years of former professional experience for each year of college. The adjudicator will decide if the experience qualifies. Previous employers usually provide experience, and an RFE may be awarded if the letters lack details. Visit TechFetch H1B for detailed information that helps understand the process of revocation and how it can be avoided.

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