Reasons For H-1B Visa Rejections

In this page, one of our experienced immigration lawyers discusses H-1B visas for people with specialty occupations and why this type of visa would be rejected. The reality is that these are some of the most technical visa applications a person can submit, and there are a lot of mistakes that can be made while compiling the necessary materials. Below, we provide some great information to help you get started, but it’s always best to speak to a lawyer in person so that you can understand how these general principles apply to your own unique needs and circumstances.

For help filing an H-1B visa call today and schedule a consultation with an H-1B visa lawyer at our DC law firm today.

Common Reasons Why An H-1B Visa Might Not Be Accepted

There are many reasons why someone might not be accepted. One reason is that they may have fallen out of status or they were inadmissible for reasons such as prior immigration violations or a criminal history, and are therefore inadmissible to the U.S. Another very common reason is that they don’t fit the definition for a specialty occupation. If the job offered is one that doesn’t actually require a bachelor’s degree or higher, and, for example, the employer just has a preference for someone with a bachelor’s degree, the position might not qualify. You have to prove that it is a high level occupation to begin with, so you have to show that the occupation itself absolutely requires a bachelor’s degree or equivalent work experience. Another common problem is that there are quotas for the H-1B visa. The numbers only become available every fiscal year and there is very high demand for these visas, so this is a major obstacle for people in terms of getting the application in time to meet the quota. The quota is usually filled within the first couple days of opening with USCIS, and companies like Microsoft and Google usually have truckloads of applications waiting to submit on the first day.

Common Mistakes People Make On The H-1B Visa Application

One common mistake that people make is not submitting it in a timely manner. Another common reason why people are denied is that they make mistakes on the labor condition application, which is a document that the employer has to file to prove that you are going to be paid the prevailing wage for workers who are similarly situated in your geographic area. Your employer has to prove that they are going to pay you the prevailing wage. They can’t hire a group of H-1B workers and think that they are going to work for less money than U.S. employees, so sometimes people have problems with proving that.

Important of Hiring An Attorney For An H-1B Visa Application?

The H-1B visa requirements are very technical and specific, so the application needs to meet each requirement in an exacting way. The applications are also expensive and you don’t get a second chance, so it is uncommon to do these without the help of an immigration attorney.