What is an H-1B Visa and Why are They Rejected?
November 8, 2019
Many companies throughout the U.S. have the need for highly specialized employees to provide invaluable contributions to their businesses. Such employees are sought because of the value of specific, in-demand skills and the indispensable knowledge they bring to the job. Often, these unique talents are found outside of the U.S. When that happens, U.S. employers interested in hiring these non-citizen employees must file for an H-1B visa and act as an employment sponsor for the individual to work in the US.
What is an H-1B Visa?
An H-1B visa is a formal mark on a traveler’s passport or a designation that allows a foreign worker to hold a job in the U.S. The H-1B visa is different from other types of work visas issued in that it is available only to skilled and educated employees that are demonstrably suited for specific employment opportunities.
What are the Requirements?
The employer must apply for the H-1B visa on behalf of the employee and commit to acting as the sponsor for the duration of their time in the country. The H-1B holder must have a bachelor’s degree or higher, and they must have skills and knowledge specific to the job being offered.
What are the Restrictions?
H-1B visas are valid for a minimum of three years and a maximum of six years. After the initial three-year term, the employment arrangement and the subsequent visa may be extended for an additional three years. After the six-year period, the employee must leave the U.S. or apply for a different visa status. Filings must also adhere to specific application deadlines.
The major restriction on H-1B visas is the limit placed on the total amount of H-1B visas issued each year. In recent years, the cap has been lowered, resulting in fewer visas being available. This scarcity has caused many applications to be rejected.
Why are H-1Bs Rejected?
Approvals of both initial H-1B visas and H-1B extensions are being restricted.
Governmental policy changes have altered the standard without indicating to employers and employees what the new requirements entail. No new rules or conditions have been introduced, yet applications are being rejected in record numbers. Established procedures for approval are now in question and many applicants are at a loss for why once-standard petitions are being denied.
Given reasons for denials include occupation eligibility, worker’s qualifications, established employment relationship, and worksite requirements. The increasing use of Requests for Evidence now require extensive supporting documentation in cases that traditionally were processed without such scrutiny.
The grounds for denial are more stringent than in the past, leading many law professionals to conclude that tightening the approval conditions is merely a way for an immigration-adverse administration to restrict foreigners from gaining access to the U.S. job market.
Philadelphia Immigration Attorneys at the Law Offices of MC Law Group, LLC Represent Visa Holders
If you are a non-citizen seeking visa-required employment opportunities in the U.S., or you are currently working under a work visa, the Philadelphia immigration attorneys at the Law Offices of MC Law Group, LLC can help you determine what rights you have under U.S. law. Contact us online or call us at 215-496-0690 for a free consultation. Located in Philadelphia, we serve clients throughout the tri-state area, including Pennsylvania, New Jersey, and nationwide.