Articles Posted in Work visas

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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.

Overview: 

There are 3 reasons an H-1B visa application is typically denied:

  1. If USCIS believes that the position to be filled is not a ‘specialty occupation’ which typically requires a Bachelor’s Degree or its equivalent;
  2. If USCIS believes the U.S. employer does not need the position within the company;
  3. 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.

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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.

https://soundcloud.com/askanimmigrationlawyer/what-to-do-if-your-h1b-or-l1-visa-is-denied

Overview: 

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.

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