H-1B visa allows U.S. employers to temporarily employ foreign professionals in specialty occupations for up to six years. The following are the four most common reasons for denials of H-1B Visa:
- The employer does not appear to be a real, established, operating U.S. company with the capacity to hire and pay an H-1B worker. The employer has to provide documentation, such as a tax identification number, tax returns or financial statements. Website printouts, brochures, photographs of the employer's premises, and any licenses or stock certificates will also helpful.
- The employer fails to establish that an employer-employee relationship exists. The relationship must continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. read more about employer-employee relationship
- The foreign worker does not have the required education or experience. H-1B occupations usually require the attainment of a bachelor degree or its equivalent in order to enter the profession. Many jobs also require other qualifications such as previous training and work experience. Professional jobs may also require state-issued licenses and professional degrees. read more about H-1B requirements
- The offered employment does not meet the "specialized knowledge" requirement. The H-1B visa is designed to be used for foreign workers in "speciality occupations", which require theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor. read more about H-1B occupations
Before the H-1B petition can be filed with USCIS, the employer must fill a Labor Condition Application(LCA) with the Department of Labor. Please use following link to search denied applications: http://www.myvisajobs.com/H1B-Visa/SearchLCA.aspx
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