Immigration Blog

Top 4 Reasons H-1B Visa Petitions Get Denied

By Bill at September 29, 2015 03:30
Filed Under: Visa Knowledge
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: 

  1. 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.
  2. 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 
  3. 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 
  4. 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: 

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