H1B Rejection Reasons For 2024: You Must Know Before Applying 

H1B visas can be applied for by those who want to work in the US. This visa permits US employers to hire international workers with specialised skills to work in the US. After sending an H1B visa application, it can be approved or rejected. Due to the chances of the denial of the visa, it is best to know about the visa rejection reasons and avoid the same. In this blog, we have included some of the most common H1B rejection reasons. Keep reading to learn more about them.

What is an H1B visa?

An H1B visa comes under the category of non-immigrant visas provided by the US. This visa allows a US company to hire a foreign worker with specialised skills. The visa requires a person to have completed graduate school. Several occupations qualify for H1B visas. This includes finance, technology, architecture, etc. To be eligible for an H1B visa you need an offer letter from a US employer and proof of a BA degree or equivalent certification. An H1B visa can be rejected or approved. There can be several H1B rejection reasons.

Learn about the US work visa requirements

Employer Does Not Meet the Legal  Requirements 

One of the top H1B rejection reasons is that the employer does not meet the legal requirement.  If the petitioning employer turns out to be running a fake, non-established business then the visa can be rejected. On the other hand, a new employer who has been in business for a few years must apply by providing the necessary documentation. For example, tax identification numbers, financial statements, etc. Additionally, the employer must provide documentation of having an established location. This can include printouts, brochures, photographs of licenses, etc. In case, there is no physical location of the company the visa can be rejected.

Specialised Skills Not Needed 

In case the job you have applied for does not require any specialized skills then your visa can be rejected. This is one of the H1B rejection reasons. To apply for an H1B you need to have obtained a BA degree or higher degree in a specific field for the job, and the job must be so complex that it can only be performed by a person with specialised skills. Moreover, for this work, only people with relevant degrees must be hired. If the work you are applying for does not meet these basic requirements then the visa will not be granted.

Learn to crack US visa interview 

Lack of Employer-Employee Relationship

USCIS wants to know whether the employee would be truly working for the employer. Previously, there have been cases where the H1B petitions would state that the employee would be working at a client location. This has been one of the H1B Rejection Reasons. Therefore, the government requires employers to provide proof of a contract for services,  and a clear statement that only the employer has control over who would the employee who is working at a client location. The good news is after the ITServe Alliance, Inc. v. United States Citizenship and Immigration Services  USCIS decided to cancel the Policy Memo. Going forward there won’t be any more rejections solely because the employee will be working at the client location. Applicants can reapply for a visa if the previous petition was denied due to this reason.

Presidential or Agency Priorities

Other H1B rejection reasons include presidential or agency priorities. This means the same application can be treated differently in a different period. For example, USCIS  rejected 2018 applications for  Market Research Analyst,  Financial Analyst, and Computer Systems Analyst. However, later on, a policy memo rescission (2021) restored the policy of granting visas for computer system analysts, and market research analysts. Another example, can be the Buy American and Hire American” Executive Order by Donald Trump (2017). Under this, several visas were rejected. The Biden administration withdrew this order.

Not Dealing with the Request for Evidence or 221(g) Request

Generally, US immigration authorities would not deny a visa without giving a warning. The immigration authority would request additional information, which is a chance to correct the issues. Therefore an agency will issue a request for evidence (RFE), or a consulate abroad would issue a  221(g) request. Usually, this request would be for submitting necessary documents and comes with a deadline. If appropriate action has not been taken the visa will be refused.The 221(g) may not contain a deadline. In this case, you will have to submit the documents and wait for the visa processing.

Long Delays Instead of Denials 

Administrative processing or infinite delay can take place in the case of a US visa application. The consular officer might conduct this additional review. This can happen either before or after the 221(g) request. The US  State Department guidance would require you to wait 180 days before inquiring into the status of your application. The unfortunate thing is that the reason for this additional review is not specified. Administrative review can be done within a week or 2. However, sometimes it can drag for months. At this time, you will not know when you will be getting the visa.

2024 Scenario of Skilled Worker Visa Landscape in USA

10 Other H1B Rejection Reasons 

Apart from the other reasons provided above an H1B visa can be rejected for several other reasons. These reasons are provided below:

1. You are not able to establish qualification for the speciality occupation 
2. Discrepancies regarding the academic background or academic qualifications 
3. Inability to establish that the beneficiary would be working at a 3rd party work site during the employment period
4. No legitimate relationship has been established between you and the employer
5. Have not applied for a visa extension before the visa expiry date
6. The employer fails to establish that the employee would be working at the former’s primary company. In this case, an RFE is sent if a denial happens.
7. The responses require working at different locations and the itinerary for the same hasn’t been provided.
8.  Not submitted a detailed description of education, skills, and experience 
9. Failing to submit the  H1-B filing fee along with the petition 
10. Previous discrepancies (employer or employee) regarding the violations of the visa immigration law or committing a crime.

You can watch the video below to learn more about H1B visa rejection reasons

Steps to Take to Rectify an H1B Rejection 

Irrespective of the H1B rejection reasons, if a visa is denied you have the chance to take the following steps.

• Get your employer to submit a separate 1-129 petition on your behalf. You can consult an immigration attorney for the matter. ‘You can also file a legal motion to reconsider or reopen your case.
• In case the H1B visa rejection reasons were improper documentation or lack of paying the visa fee then you can reapply and seek visa approval after fixing the errors.

Reapplication After An H1B visa Denial

It is possible to reapply after an H1B visa rejection. The reapplication can be sent next year. However, you must be ready to go through the process all over again. This can be a daunting process as you will have to convince the company that you are eligible for the visa application. Moreover, it is important to avoid all the previous mistakes.

FAQs

We hope you now understand what are the H1B Rejection Reasons. Want to apply for a Visa for your study abroad journey? Drop us a comment in the section below, or you can connect with a visa expert at Leverage Edu, and we will guide you on your dream journey!

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