August Network – November 29, 2019 – on Immigration and Visa
The H1B Visa issued under the Immigration and Nationality Act is a visa issued to temporary workers. In order to procure this visa, the employer in the US must offer a job and apply for your H1B Visa with the U.S. Citizenship and Immigration Services or USCIS. It is basically a work permit that allows you to work for your employer in the US. Though this visa makes you eligible only to work with the employer who has petitioned for you, it is possible for you to work for other employers if the petitioning employer places you on another worksite as per the company contract.
Employees with H1B Visa should be aware that if they work for an employer who has not petitioned their visa, you will be considered to be working illegally. Ideally, the H-1B visa is issued for a maximum of 3 years with the option to renew it for another 3 years. The total duration of H-1B status cannot accede 6 years (in general). There are some exceptions when the status can be extended over 6 years (under AC21).
The rules around an H1B visa are quite stringent and just because an employer has petitioned for your visa, does not guarantee that it will be approved. Every year, there are a number of H1B visas that get rejected due to various reasons. In this post, you can find out what those reasons are so that you can avoid them the next time you apply for an H1B visa.
The Petitioning Employer’s Status
If the USCIS.is not satisfied with the petitioning employer’s status in terms of how well they are established do they have the capability to pay the employee, do they have all their documents in place, are the required proofs available, etc. The lack of sufficient information and documentation can easily get your visa application rejected.
Lack of Required Skills by the Employee
One of the reasons behind the rejection of H1B visas is the lack of required skills by the employee being hired. If the worker does not have the minimum educational qualification or the specialized knowledge required for performing the job, there is a high probability that the visa will get rejected.
Proof of Admissibility
The employee will have to submit all the legal documents which prove that he/she has a valid entry in the country.
Request for Evidence
Before denying the visa, the U.S. Citizenship and Immigration Services (USCIS) will issue a Request for Evidence (RFE) which will either ask for a list of documents or answers to certain questions that have to be provided in a letter. Failure to comply with this RFE will lead to your visa rejection.
Employee-Employer Relationship
If USCIS finds the employee-employer relationship to be dubious, then your visa petition may get rejected. If the required evidence is not provided to prove that the employee will be working only for the petitioning employer, then there is a high chance of your visa being rejected. This is why it is important for the petitioner to submit proofs in the form of contract agreement, purchase order, or any official document stating that the worker will be working solely for them, etc., during the initial visa application itself.
Employee’s Presentation
Going for your H1B visa interview is as important as your job interview. So, if you are not prepared well, do not possess the required communication skills, are not presentable, etc., then the visa office may reject your application. It is important to portray yourself as a professional – be it your attire or the way you speak or your overall body language.
Currently, apart from all the above-listed reasons, another major reason behind the rejection of an H1B visa is the recession and unemployment phase in the U.S. The rejection or approval of your H1B visa also depends greatly on the economy of the country.
There are few other minor reasons as well which may lead to rejection, such as:
- Lack of real-ties with their native country
- Criminal records
- Consular misunderstandings
- Pending applications
- Previously rejected applications
- Association with some bad profile
Keeping all the above-mentioned factors in mind during your H1B visa application process an go a long way in ensuring that your visa does not get rejected. Though it is not easy to get the visa, you definitely can take steps to reduce the chances of it being denied.