Options if Your Work Visa is Denied
Work visas are among the most popular ways people enter the United States. Unfortunately, many of these visa applications are denied each year. Denials sometimes occur because workers do not possess the specific qualifications needed for a certain type of visa, because there is no employment position for the applicant in the U.S., or for other reasons. Receiving a denial for your work visa is frustrating, and you may feel unsure about what to do next. Below, our Florida immigration attorney explains the steps to take.
Options if You are Outside of the U.S.
There are a couple of options if you are outside the United States and U.S. Citizenship and Immigration Services (USCIS) denies your work visa application. The employer can restart the process by filing another Form I-129 on your behalf. This is often the ideal option if the employer can easily address the issue that led to the initial denial.
Submitting a new application is not always practical. For example, there is a yearly cap on the number of H-1B visa petitions USCIS will approve for workers being sponsored for the first time. In this instance, you may have to depend on a lottery conducted by USCIS or apply for an employment position that is exempt from the yearly limit.
If the employer cannot file another petition, but you still want to enter the United States, you may qualify under another option, such as an F-1 student. There is no yearly cap on the number of foreign students who can enter the United States, but student visas require different qualifications and supporting documents.
Options if You are In the United States
If your application has been denied by USCIS and you are in the United States, your employer may be able to file another petition to address any issues that arose in the first application. If the deficiencies cannot be corrected, you may be able to extend your status in the United States to remain legally in the country. For example, if you are in F-1 status, you may be able to apply to another bachelor’s program or master’s program.
If you cannot extend your status and USCIS denies your change of status, it is important to leave the country as soon as your status expires. If you remain in the country after your legal status expires, you may start to accrue unlawful presence. Accruing unlawful presence has serious immigration consequences, including being found inadmissible to the country at any point in the future.
Our Immigration Attorney in Florida Can Advise You of Your Options
If your work visa has been denied, it is important to obtain legal help from a Florida immigration attorney. At Florida Law Advisers, P.A., our experienced attorney can advise you of your options and help you through the process so you obtain the best outcome possible. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
uscis.gov/working-in-the-united-states
