In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What options do I have if my H-1B or L-1 visa is denied? For the answer to this question please keep watching. For more information about these visa types, please click here.
Typically, there are two options to rescue a work visa application that has been denied, including an H-1B or L-1 visa petition. Once a work visa petition has been denied, attorneys have 30 days to file either a motion to reopen or appeal the decision based on the facts of the case. Filing a motion to reopen is highly effective in situations where the immigration officer may have overlooked an important fact, misinterpreted the law, or did not consider important factors during the adjudication process. Motions to reopen give attorneys the opportunity to point out important factors that were included in the original petition, that may have been overlooked. Immigration officers are often overburdened by the high volume of applications waiting to be adjudicated, therefore it is not unusual for immigration officers to overlook important aspects of a petition. New evidence cannot be introduced in a motion to reopen. Our attorneys decide which option is the most appropriate on a case by case basis.
For more information please contact our office for a consultation.