H1B denials - Techfetch H1B
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In the past decade, H1B Denial rates have increased, making it more difficult for overseas candidates and US companies to obtain this temporary work visa. Stay updated with all important and informative visa-related news and content on the Techfetch H1B site. This article will help you understand the reasons for H1B Denials and options to pursue if you get a denial.
An H-1B visa application can be rejected at any of three stages:
Stage 1: Application for labor status from the US Department of Labor.
Stage 2: Filing an I-129 petition with USCIS.
Stage 3: DHS Non-immigrant Visa Application.
USCIS rejects H-1B visas for various reasons. Errors or ineligibility by any party in the three main phases of the H-1B visa application can cause a denial. After an H-1B petition denial, you have options. Your denial letter usually outlines the next actions. Appeals are required if your H1B petition is denied.
There are two ways to appeal the denial of an H-1B petition: Reconsideration and Reopening.
A motion to reconsider asks immigration officials to reconsider denying your H1B petition. This rarely works when it comes to avoiding mistakes. If you have a new argument or authority, it can work. Reopening is the most typical reaction to a request. When applicable, it requires submitting to USCIS the missing documentary evidence and additional documentation. Appeals to the USCIS and Office of Administrative Appeals need persuasive evidence to be successful.
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