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Common Reasons H-1B Visas Gets Denied

Common Reasons H-1B Visas Gets Denied


H-1B visas allow foreign workers to seek employment in the United States. To qualify for an H-1B visa, the applicant needs to have specific qualifications. If an applicant doesn't meet the required criteria, their application can get denied. Our Orange County immigration attorneys explain the qualifications required and the common reasons why H-B1 visas get denied.

How to Qualify for H-1B Visa

The United States government has granted employers a legal pathway to hire temporary and highly skilled foreign workers under the Immigration and Nationality Act. The United States Citizenship and Immigration Services (USCIS) controls the H-1B visa process.

What Are the Qualifications?

1. An employer seeking the fulfillment of a specialized job role needs to seek out an applicant with a degree or equivalent experienced in the specialty field. (e.g., a bachelor's degree)

2. To remain in the United States, the applicant would need to continue in the employment of the company that initially hired them. Once the employee is terminated, the applicant would need to leave the United States. However, an exception granted on January 17, 2017, gives employees of the H-1B visa up to 60 days to find alternative employment in the United States.

3. The H-1B visa lasts for three years but can it can be extended up to six years.

How to Avoid Your H-1B Application from Getting Denied

There is no guarantee that the USCIS will approve an applicant's request for the H-1B visa. However, there are specific steps you can take to reduce the chances of your application from getting denied.

1. An offer of employment does not qualify an applicant for the H-1B visa. USCIS must determine that the applicant is a good match for the job opportunity. If the board feels that the applicant does not possess the experience or knowledge, then the application can be denied.

2. The employer will be required to provide specific documentation to the USCIS board, and they will need to meet sensitive deadlines. If the USCIS finds the documentation insufficient or deadlines are missed, then the application can be denied.

3. The employer needs to meet the USCIS standards for a legally established place of business.

4. An employee/employer relationship needs to be established. An application can be denied if it's not proven that the employee is truly working for the employer.

New Regulation Difficulty

On April 18, 2019, a Presidential Executive Order under the Trump administration has made the H-1B visa approval process more challenging. By enacting this Presidential Order, the preference of USCIS tilts towards hiring Americans over foreign applicants. For such reasons, it's vital to have an experienced attorney on your side.

Call Our Orange County H-B1 Immigration Attorneys Today!

To reduce the chances of getting your H-1B visa application denied, you should have a knowledgeable and experienced attorney on your side. Yekrangi & Associates is a team of Orange County immigration attorneys. Our team is ready to provide the support you need to maneuver through ever-changing immigration laws. We are a team of caring and supportive attorneys that will skillfully guide you through the H-1B visa process.

Call our Orange County H-B1 immigration lawyers today at (949) 478-4963 to schedule a consultation!

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