The top 10 reasons for H-1B Visa denials: USCIS

Here we present the top 10 reasons for H-1B Visa denials wherein the USCIS offered an RFE while adjudicating the petitions in 2018:

1. Specialty Occupation

•    Failure on the part of the employer to ascertain that the role qualifies as a specialty occupation and is also the most common reason for H-1B Visa denials

2. Employee-Employer Relationship

•    Failure on the part of the employer to ascertain that there is a valid employee-employer relationship that exists with respect to the H-1B Visa beneficiary

3. Off-Site Work Availability

•    Failure on the part of the employer to ascertain that the H-1B beneficiary who would work at a 3rd party work site will be engaged in work assignments that are non-speculative and specific in a specialty occupation

4. Beneficiary Qualifications

•    Failure on the part of the employer to ascertain that the beneficiary of the H-1B Visa is qualified for performing services in specialty job

5. Status Maintenance

•    Failure on the part of the employer to ascertain that the beneficiary of the H-1B Visa had appropriately maintained their current status

6. Work Availability

•    Failure on the part of the employer to ascertain that they have work assignments that are non-speculative and specific in a specialty occupation for placing the H-1B beneficiary in-house for the complete period of employment requested

7. LCA Corresponds to the Petition

•    Failure on the part of the employer to ascertain that they received an appropriately certified LCA - Labour Condition Application from the Labour Department in the US corresponding to the requested position

8. AC21 and the 6-Year Limit

•    Failure on the part of the employer to ascertain that the beneficiary qualifies for AC21 or was if not qualified for an extension of H-1B

9. Itinerary

•    Failure on the part of the employer to offer an exhaustive itinerary with an application that requires the performance of services at multiple locations

10. Fees

•    Failure on the part of the employer to make payment of all the fees required for filing H-1B petition. The fee structure for the H-1B program is in fact fairly intricate, as quoted by the Nat Law Review. 

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H-1B Visa filing for FY 2020 is now open