What are the reasons for H-1B visa rejection?

What are the reasons for H-1B Visa rejection?

The H-1B Visa is a non-immigrant work permit visa that allows applicants to live and work in the US. People who want to apply for this visa should have an employment offer from a US employer for a job role that falls under the specialty occupation. The H-1B Visa holders can work in the country for up to six years.  After completing six years, visa holders can apply for US Permanent Residency upon meeting the eligibility criteria.

 

Reasons for H-1B visa rejection

The H-1B visa application can be rejected based on the following grounds:

 

Incomplete information

Under INA section 221(g), the H-1 B visa is rejected if the applicant does not provide adequate or complete information or if any documents are missing.

 

Not qualified as a non-immigrant

If the application is rejected under INA section 214(b), it implies that the applicant is not qualified for the H-1B visa status as a non-immigrant.

 

A threat to the US public

The H-1B visa petition will be rejected under INA section 212(a)(4)if the applicant is seen as a threat to the US public or has a criminal record.

 

Misinformation

The H-1B visa application will be denied under INA section 212(a)(6)(C)(i) if it is proved that the applicant provided fraud or misinformation.

 

Not meeting the legal requirements

The most common reason for rejecting the H-1B visa is that the employer does not meet the legal requirements to hire a foreign employee. Employers fail to submit documents such as taxation forms, tax identification numbers, and other proofs of the establishment and running of the company. If they fail to prove this or are not in the capacity to hire and pay the new employees, the H-1B visa petition gets rejected.

 

If the applicant is staying illegally in the country, the H-1B visa is denied on the grounds of illegal stay under   INA section 212(a)(9)(B)(i).

 

Job role does not fall under specialty occupation

People applying for the H-1B visa must have a job offer in a specialty occupation. The application will be rejected if the job role doesn’t meet the criteria for a skilled occupation.

 

Read more…

Which jobs qualify for H-1B visa?

 

Relationship between the employer and employee

Applications can be rejected if there is no direct or absent relationship between the employee and employer. This is to prevent employers from subcontracting employees to their clients.

 

Want to apply for the US H-1B visa without any errors? Reach out to Y-Axis, world’s number for overseas immigration for step-by-step assistance.