One of the very typical ways that overseas nationals come to the US is through the use of for a work visa (technically identified as a non-immigrant visa, in numerous classes such as H1B, H-2, L-1, and so forth). Usually, the visa application process runs smoothly, and after the foreign national’s U.S. employer files the work visa application (called the I-129 petition) with U.S. Citizenship and Immigration Services (USCIS), the agency approves the petition and the international national is able to work in the United States.
However, there is no promise that USCIS will approve a work visa request. It may deny one for any variety of grounds. For instance, overseas employees must possess unique qualifications in order to have particular work visas, and if USCIS finds that the worker does NOT possess these skills, USCIS will deny the visa application. USCIS could also refuse the petition because it determines that the company is not going to really be commanding your work, or that there’s not a bona fide job place you will be taking and you will not really work when you are in the United States.
For those who have already been issued a refusal, it truly is vital that you, your company, along with your immigration lawyer read the USCIS’s reasons for its refusal. By knowing these reasons, you as well as your employer will probably maintain a better position to proactively tackle/avoid these problems if and when your company decides to file a second I-129 petition on your own behalf.
This article describes the alternatives that are available to foreign workers when USCIS denies their visa programs, whether the foreign worker is in the U.S. in a different immigration status or now outside the United States.
In the event that you are outside of the United States when USCIS denies your request, a few of options are accessible to you. First, your employer can most likely start over and file a second I-129 petition on your own behalf. This strategy will function best if it seems your employer can quickly address the shortcomings USCIS identified in the initial request.
For example, let’s say your company filed the I-129 requesting H1B status on your own-own behalf. In order to meet the requirements for H1B status, you (the international worker) must, in an average instance, possess at least a U.S. bachelor’s diploma or overseas equivalent. (See “Who Qualifies for an H1B Visa” for more on these eligibility conditions.)
Let’s say you might have a U.S. bachelor’s degree in math, but your company forgot to supply a copy of your diploma in the I-129 petition. USCIS thereby denies the petition. Your company could file a new I-129 for you, making certain to incorporate a copy of your degree. Let’s say you have a U.S. bachelor’s degree in math, but your company forgot to supply a copy of your degree in the I129 petition. USCIS thereby denies the request. Your employer could file a new I-129 for you, making certain to include a duplicate of your degree.
Notice that submitting a new I-129 petition is not always a viable alternative. For instance, there is an annual limitation how many H1B visa petitions USCIS can approve. If this limit is reached after USCIS denies your petition but before your company files another request on your behalf, doing so Won’t be possible until the subsequent year.
If filing another I-129 petition is no option but you nevertheless wish to arrive at the U.S. you might be able to come in a various nonimmigrant visa category such as an F1 student. There is absolutely no annual limit to exactly how many foreign students will arrive in the U.S., but different records and qualifications are required for student visas. Therefore, it is highly recommended that you simply consult a seasoned immigration lawyer in the event you need to come to the U.S. in a distinct status.