An H1B visa application is a life-changing experience. However, it's a complex process that entails fulfilling detailed requirements and beating strict deadlines. You're up against thousands of visa applicants as you submit petitions armed with a hope of landing a job in the United States—only for yours to be denied.
One single denial can derail your future in the U.S. Whether it's because of an unclear job description, prevailing wage issues, or inadequate documentation, understanding the reasons for denial helps you boost your chances of preparing a better and foolproof application.
Let this guide teach you why your H1B application can be turned down and what happens if your H1B extension is denied.
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Denial Without Clear Explanation: What Now?
It’s a non-immigrant visa that lets American employers temporarily hire foreign workers for specialty occupations. Roles opened for foreigners usually require specialized knowledge and a bachelor's degree.
The petitioning employer must show a valid employer-employee relationship, offer a reasonable prevailing wage, and submit all documents to the United States Citizenship and Immigration Services (USCIS) before the deadline.
Denials may still happen due to technical errors or insufficient evidence, among other things. Your application can also be denied for these reasons:
This is one of the main reasons your visa application can be denied. The USCIS usually looks for the following parameters:
Submit proof of supervision, employment agreements, and organizational charts to the USCIS. Consult an immigration attorney and file a new petition with clearer evidence if the application is still denied.
Qualifying for an H1B means the job position should be specialized and require appropriate academic qualifications.
Some common mistakes include:
Strengthen your petition by giving a detailed breakdown of the job requirements and related documents, like academic transcripts, to convince immigration to approve your application.
Failing to meet the prevailing wage standards can be a solid reason for denial. The wage must align with what American workers get in similar roles. Another reason for visa denial is a flawed Labor Condition Application (LCA).
Use accurate Department of Labor wage data to determine the right salary and match the job level and location. Correct the LCA and submit a new petition if the application is denied.
Submitting incomplete paperwork is one of the most common reasons for denial. Some of them include tax returns from the same employer, incorrect academic qualifications, unclear job offer letters, and proof of employment authorization.
Double-check your initial petition and submit all the necessary documents. If the application is still denied, gather insufficient documentation notices and present evidence with a new petition.
A poorly written job description can raise red flags and make USCIS doubt whether the job is important or specialized. The duties may overlap with lower-skilled roles and may not be related to the applicant's expertise.
Fixing this gap requires detailed, technical language that explains how the applicant's degree is related to the job and internal documents explaining the position and its responsibilities. Let the petitioning employer submit a signed document describing why the position needs special knowledge.
Applicants must show that they're academically qualified for the job. A mismatch between academic background and job requirements can already raise concerns. Other issues include getting a degree from an unaccredited school and a degree that isn't equivalent to a U.S. bachelor's degree.
Here's what you should submit:
It's a serious issue when you have a history of unlawful residing and unauthorized employment in the U.S. Your immigrant visa can get denied, and you may be banned from reentering the U.S. and lose your legal status.
Disclose all your immigration history from the beginning until recently. You should also know the grace period for switching visas or employers. If you need help navigating this problem, seek the help of an experienced immigration attorney.
Let's say your petition has been approved, but a consular officer can still deny your visa due to inconsistencies between the petition and your answers. You may also have answered vaguely or been nervous during the interview. Another reason would be failing to provide related documents.
Bring an approval notice, a degree certificate, and employer letters to increase your chances of getting approved. Practice your answers with your immigration attorney to improve your clarity and confidence for the interview.
Your case can sometimes be placed under administrative processing, which means your application will be reviewed further. It's not approved, but it's not denied either.
The administrative process may take a few days or months to wrap up, which can cause long delays or soft denials on your case. Security background checks, the need for further evidence, and questions about your education and legal status can stall your application.
Submit all the additional documents when requested, and track your case through the immigration services to see where it goes.
You may feel stuck if your H1B visa has been denied. You can take these options to move your case forward:
Make an appeal if the USCIS officers misinterpreted the law or facts, and when you have strong evidence that the job and specialty occupation standards meet halfway.
Getting a denial on your H1B visa isn't the end of the world. Many applicants often succeed on their second try with legal help. When your H1B visa is denied, come back stronger with clear evidence and address every loophole in your application. Once approved, you can now start a new chapter of your professional life in the U.S.
