H-1B visas are granted to foreign nationals with the credentials to qualify for specialty occupations in the U.S. Applicants must have at least a bachelor’s degree or foreign equivalent to be considered. H-1B visas are capped annually at 65,000 for those with a bachelor’s degree, with an additional 20,000 for individuals who possess an advanced degree.
However thousands of H-1B visa applications are submitted yearly, but these petitions are often rejected.
Suppose you are considering submitting an H-1B visa or have submitted one in the past that has been rejected. In that case, you should be aware of several aspects of the application so that you avoid having your petition rejected for mistakes that could have been avoided.
What Mistakes Should be Avoided on an H-1B Visa Application?
Mistakes on H-1B visa applications can lead to more time for your petition to be processed or even outright denied. Some of the most common mistakes include:
- Failure to meet education and experience eligibility requirements.
- The beneficiary has a past criminal record that raises security concerns.
- The application is incomplete or contains inaccurate information.
- The potential employer does not meet the eligibility requirements that the USCIS has established for an authorized field of employment.
- Failure to provide sufficient documentation often includes letters of support from potential employers and educational certificates.
- Failure to prove an authorized relationship between the beneficiary and the employer.
- The employer fails to pay the beneficiary the standard prevailing wage.
What Can Help With the H-1B Visa Process?
The process involved in obtaining an H-1B visa can be very tedious and time-consuming. Individuals and those businesses who want foreign workers must complete an enormous amount of paperwork correctly. Additionally, the intended beneficiary and employer must meet all eligibility requirements.
However, because being chosen for an H-1B visa is done through a lottery process, there is no sure way to obtain this nonimmigrant visa. Nevertheless, consulting with an experienced H-1B visa attorney can help guard against the chances of the application being rejected because it is missing information or not filled out correctly.
Our immigration lawyers can offer you qualified advice regarding how to fill out the application correctly, which can reduce the chances of it not being considered.
What Steps Can Be Taken if an H-1B Visa is Denied?
Often, individuals applying for an H-1B visa receive a letter saying their petition has been rejected or denied. First, however, it is essential to understand the distinct difference between a petition being “rejected” and “denied.”
If the letter states the petition has been denied, it will also include reasons for this and steps that can be taken afterward. For example, an employer may be able to file a 1-290B form that presents the supporting evidence that was missing from the application. In addition, beneficiaries have up to 30 days from receiving their denial letter to file an appeal.
However, filing an appeal can take a significant amount of time. Therefore, it is often best to submit a new petition rather than wait for the results of an appeal.
If the letter says the petition has been rejected, an error must be corrected or an issue with the filing fee. In cases where the petition is rejected, the employer can usually file a new I-129 to rectify the error.
Regardless of the letter you may receive, it is always best to consult with a knowledgeable attorney who can advise you of your rights and legal options.
How Can Your Law Firm Help With H-1B Visa Legal Issues?
Our law firm is passionately committed to assisting individuals and employers through the often-confusing process of obtaining an H-1B visa. Because the process is so lengthy and time-consuming, it is best to have an attorney review the petition before it is submitted. Having the petition examined for potential errors can help ensure that it will not be rejected or denied due to a lack of supporting documentation or being filled out incorrectly.
If you are beginning the process to try and obtain an H-1B visa, contact SwagatUSA LLC at 773-825-8695 and ask to schedule a meeting with an experienced lawyer who will gladly assist you with your immigration needs.