Posted on April 01 2019
Here we present the top 10 reasons for H-1B Visa denials wherein the USCIS offered an RFE while adjudicating the petitions in 2018:
1. Specialty Occupation
• Failure on the part of the employer to ascertain that the role qualifies as a specialty occupation and is also the most common reason for H-1B Visa denials
2. Employee-Employer Relationship
• Failure on the part of the employer to ascertain that there is a valid employee-employer relationship that exists with respect to the H-1B Visa beneficiary
3. Off-Site Work Availability
• Failure on the part of the employer to ascertain that the H-1B beneficiary who would work at a 3rd party work site will be engaged in work assignments that are non-speculative and specific in a specialty occupation
4. Beneficiary Qualifications
• Failure on the part of the employer to ascertain that the beneficiary of the H-1B Visa is qualified for performing services in specialty job
5. Status Maintenance
• Failure on the part of the employer to ascertain that the beneficiary of the H-1B Visa had appropriately maintained their current status
6. Work Availability
• Failure on the part of the employer to ascertain that they have work assignments that are non-speculative and specific in a specialty occupation for placing the H-1B beneficiary in-house for the complete period of employment requested
7. LCA Corresponds to the Petition
• Failure on the part of the employer to ascertain that they received an appropriately certified LCA - Labour Condition Application from the Labour Department in the US corresponding to the requested position
8. AC21 and the 6-Year Limit
• Failure on the part of the employer to ascertain that the beneficiary qualifies for AC21 or was if not qualified for an extension of H-1B
9. Itinerary
• Failure on the part of the employer to offer an exhaustive itinerary with an application that requires the performance of services at multiple locations
10. Fees
• Failure on the part of the employer to make payment of all the fees required for filing H-1B petition. The fee structure for the H-1B program is in fact fairly intricate, as quoted by the Nat Law Review.
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