The H-1B visa is a popular choice for employers in the United States looking to hire foreign workers in specialized fields or occupations.
However, securing an H-1B visa can be challenging, and applications receive denials for many reasons. Here are four of the most common ones and how you can avoid them.
The job does not meet specialty occupation criteria
One of the basic requirements for an H-1B visa is that the job must qualify as a specialty occupation. This means the job needs specialized knowledge and a minimum of a college degree or its equivalent in a specific field.
If the U.S. Citizenship and Immigration Services sees that the job duties do not meet these criteria, it can lead to a denial. You must clearly show how the position requires advanced knowledge and skills to satisfy this requirement.
There is not enough proof of an employer-employee relationship
The H-1B visa requires a clear employer-employee relationship, wherein you have the right to control the work of the visa holder. This includes the ability to hire, pay, supervise and terminate the employee.
That said, you should provide detailed documentation, including contracts and organizational charts, to establish this relationship.
The employer cannot pay for the prevailing wage for the job
Employers must confirm that they will pay the average wage for the occupation in the specific geographical area. This helps make sure that the worker receives fair compensation and the job does not negatively affect the local labor market.
You can provide payroll records of financial statements to meet this requirement.
You have incomplete or inaccurate documentation
The application process requires detailed information about the job, the employee and the employer. Missing documents or inconsistencies in the application can lead to delays or denials.
This is why it is crucial for both you and the applicant to carefully review the application and provide all information, such as educational credentials, job descriptions and supporting letters.
Receiving a denial is not the end of the road. If the denial letter states that an appeal is possible, legal guidance may help you obtain a more favorable decision.
