In this segment, attorney Ekaterina Powell Esq. from the Law Offices of Jacob J. Sapochnick, answers one of your most frequently asked questions: How can I avoid an H-1B visa denial? For the answer to this question please keep watching. For more information about the H-1B visa please click here.
There are 3 reasons an H-1B visa application is typically denied:
- If USCIS believes that the position to be filled is not a ‘specialty occupation’ which typically requires a Bachelor’s Degree or its equivalent;
- If USCIS believes the U.S. employer does not need the position within the company;
- If USCIS believes the foreign worker does not meet the requisite qualifications for an H-1B visa such as the possession of at least a Bachelor’s Degree or its equivalent;
These denials can be prevented with careful planning when submitting the initial H-1B visa petition, by evaluating the foreign worker’s degree and credentials initially, and explaining the employer’s need for the position with the initial submission.