The H-1B visa is one of the most sought-after U.S. work visas, offering skilled professionals an invaluable opportunity to build their careers in the United States. But what is H-1B visa, and why is it so popular? According to the United States Citizenship and Immigration Services (USCIS), around 85,000 H-1B visas are issued annually, while nearly three times as many applications are submitted. This high demand makes it essential for applicants to fully understand the process and the potential pitfalls to maximize their chances of success.
If you’re considering applying for an H-1B visa, here’s what you need to know about how the program works, why applications are sometimes denied, and how to strengthen your application to improve your chances of approval.
What is H1-B Visa?
The H-1B visa is a nonimmigrant visa that temporarily allows U.S. employers to hire foreign workers in specialty occupations requiring specialized knowledge. A “specialty occupation” typically requires at least a bachelor’s degree or equivalent work experience in information technology, finance, engineering, healthcare, or architecture. The H-1B visa is typically granted for three years, with the possibility of extensions, allowing employers to hire professionals who bring unique skills to their organizations.
Because the H-1B is tied to a specific job and employer, applicants must secure a job offer before applying. The H-1B visa application process involves multiple steps, including an approved Labor Condition Application (LCA) from the Department of Labor (DOL), submission of Form I-129 (Petition for a Nonimmigrant Worker) to USCIS, and an interview at a U.S. consulate or embassy.
What Does an H-1B Rejection Mean?
An H-1B rejection can occur at various stages of the application process and for multiple reasons. Even if USCIS approves the petition, the U.S. Department of State (DOS) may still deny the visa during the consular interview. Additionally, U.S. Customs and Border Protection (CBP) officers at the port of entry can refuse entry, even with an approved visa. Understanding the possible reasons for rejection helps applicants and employers alike improve their chances for a successful outcome.
H-1B Visa Denial at Different Application Stages
The H-1B application process involves three key stages, and denial can occur at any of these points:
- Labor Condition Application (LCA) with the DOL – The employer must prove their intent and capability to pay the prevailing wage for the job.
- Form I-129 Petition with USCIS – Here, the employer submits the official H-1B petition with USCIS, demonstrating that the job qualifies as a specialty occupation.
- Nonimmigrant Visa Application with the DOS – Finally, the applicant must attend a consular interview where the DOS reviews eligibility and nonimmigrant intent.
Top 3 Reasons for H-1B Visa Denials and How to Strengthen Your Application
- Not Presenting Appropriate Academic Qualifications
The H-1B visa requires applicants to hold a relevant bachelor’s degree or equivalent experience. If USCIS believes the applicant’s qualifications don’t align with the job description, they may deny the petition. For instance, applying for a software engineering position with a degree in a non-technical field might raise concerns about eligibility.
To improve the chances of approval, ensure that your degree aligns closely with the position. If there’s a discrepancy, such as relevant work experience in a different field, gather thorough documentation to demonstrate how your experience qualifies you for the role. Foreign degrees should be evaluated by a U.S. credential evaluation service to confirm they meet U.S. educational standards. Employers should also clearly describe how the applicant’s unique skills and background fulfill the requirements for the specialty occupation.
- Maintenance of Status Issues
Applicants currently in the U.S. under a different visa category must show that they have maintained valid status. If USCIS finds a gap in the individual’s previous visa status or a violation of visa conditions, they may deny the H-1B petition. For example, someone on an F-1 student visa who didn’t maintain full-time student status may face complications during the H-1B application process.
Ensure there’s a clear record of visa compliance in the U.S. Maintaining thorough documentation of your immigration history, including pay stubs, W-2 forms, school transcripts, and any other records proving lawful status, will help demonstrate eligibility. For applicants transitioning from student visas, consulting with an immigration attorney to confirm compliance with all requirements before applying can prevent avoidable denials.
More: How to Check Your Immigration Status
- Prevailing Wage Issues and the Labor Condition Application (LCA)
To secure an H-1B, employers must obtain an approved LCA from the DOL, which involves certifying that the offered wage meets the prevailing occupation and geographic location. If the DOL believes the wage does not meet standards or that there is insufficient evidence to support the wage determination, the LCA (and, ultimately, the H-1B petition) may be denied.
Employers should thoroughly research prevailing wage data for the role and location. The DOL’s Online Wage Library and Foreign Labor Certification Data Center provide information about wage levels. Double-check that the LCA’s job description and wage classification align closely with the offered position. Any inconsistency between the job duties and wage level can prompt denials from USCIS, even after DOL approval. Accurate, documented wage data and a solid job description are essential to ensure compliance.
Contact a Trusted FL Immigration Attorney Today!
Now that we have explored what is H-1B visa and the steps involved, it’s clear that navigating the H-1B process can be challenging. Even small mistakes or misunderstandings can lead to costly delays or outright denials due to high stakes. Consulting an immigration attorney with experience in employment-based visas can be invaluable to ensure that an application meets all requirements and can withstand USCIS scrutiny.
The 360 Immigration Law Group offers English, Spanish, and Portuguese consultations to help applicants and employers address complex immigration issues with clarity and confidence. Call 954.667.3660 today to schedule a consultation and receive personalized support for your H-1B visa application.