4 Common Reasons for Denials of H-1B Visas

h1b visa

4 Common Reasons for Denials of H-1B Visas

Denials of H-1B visas have been rising consistently over a decade. New policies and stricter enforcement from the US Citizenship and Immigration Services (USCIS) have led to an ever-growing number of individuals no longer being able to receive H-1B visas successfully. This has left many individuals struggling to understand why they have been denied and what their options are. Fortunately, as a team of leading immigration lawyers in Bucks County, Henry & Grogan is here to help.

Here are four reasons why you might have been denied an H-1B Visa:

Lack of Specialized Knowledge in Relation to Employment

Sufficient proof is required at the time of applying for an H-1B visa. This means the applicant must prove a specialized ability to perform specific employment tasks and have a bachelor’s degree or higher in the field. This is a multi-aspect requirement of all applicants in the H-1B visa program.

If an individual cannot provide proof of a bachelor’s degree and specialized knowledge in their field of employment, a denial will be issued for the H-1B application.

Insufficient Information Regarding Employer Requirements

Another reason an individual could be denied for an H-1B visa is the inability to prove that an employer is based and operating within the United States. The prospective employer must also be able to hire, reimburse (wages), and provide specialized work to the H-1B applicant. Necessary documentation that must be submitted during the process includes financial statements, contracts demonstrating the need for specialized workers, ownership or lease information regarding their location, photographs of the workplace, and tax documentation. 

If the potential employer cannot provide proof of an active operation based within the United States, the H-1B visa application will be denied.

Fee Requirements Not Met

Although one might think that a fee issue wouldn’t be that significant when applying for an H-1B visa, changes to payment requirements may put an application in jeopardy. Fees have increased in recent years, and it’s important to track any potential changes that may occur in payment requirements.

Previous Immigration Law Violations

Any previous violations of immigration law by either the petitioner or the employer may result in an H-1B application being denied. Violations would include committing a crime while in the United States, a lack of maintaining specialty qualifications for employment, or actions considered fraud by the immigration department.

Henry & Grogan are here to help you when a problem arises with the immigration department. We understand that the rules and regulations surrounding immigration are needlessly complicated and can negatively impact you or your loved ones. If you have questions regarding EVL immigration or any other immigration questions, please feel free to contact us. We’ll be looking out for you when you need us the most.