One of the most common avenues that foreigners come to the United States is through temporary work visas. These visa classifications are: H-1B, H-2 and L-1 among others. Sometimes the visa application procedure may have no delays because the applicant’s U.S. citizen employer has filed an I-129 Petition for Alien Worker with United States Citizenship and Immigration Services (USCIS) along with the appropriate documentation. When this occurs the visas are usually approved and the foreigner can start working in the U.S.
However, an approval for a work visa is not always guaranteed. A denial can be issued for several reasons. For example, immigrants must have certain qualifications; if the applicant lacks the required qualifications then USCIS will deny a work visa. Another basis on which a work visa can be denied is if the employer will not be monitoring the foreigner’s work or that evidence of a bona-fide job position is not found which claims that the foreigner will be taking on a new job position or that the immigrant will not work during his or her stay in the U.S.
If you have been denied a work visa, it is very important that the applicant, the petitioner, employer and the immigration lawyer you hire examine the reasons why USCIS issued a denial. Being able to understand the explanations for the denial puts the applicant in a better stance to tackle the issues a second time around when the employer decides to submit another I-129 on his or her’s behalf regardless if he or she is inside or outside of the U.S.
For more information or if you need help, call our office at +1 800-217-0042