Fighting For My Rights

An H1-B visa is mandatory for foreigners seeking employment in a specialty such as a surgeon, an engineer, data scientist, architect, etc. The U.S. United States Citizenship and Immigration Services (USCIS) grants the visa after completing an application process that involves a detailed application process. This piece gives an overview of the eligibility for an H1B visa application, why the USCIS might deny you, and how an attorney can help with the application process.

Who's Eligible for An H1B Visa?

There are three main things you should prove to be eligible for an H1-B visa. First, you must have a job offer for a specialty position in a company. Second, proof of educational qualification for that job, e.g., a bachelor's degree or its equivalent. Lastly, the employer should demonstrate there is a lack of qualified US citizens among those who applied for that role. 

Can You Be Denied An H1B VISA?

The following are some critical reasons for H1B visa denials.

Failure to Prove Employer-Employee Relationship

One of the main requirements when applying for an H1B visa is to demonstrate a direct working relationship between your sponsor and the employee. Failure to prove that or working in a third-party workstation would result in cancellation. However, you can avoid that by proving that the employee role at the third-party working area is a specialty service under your direct supervision. If you're being sponsored by a company, you can set up a board of directors and chief executives who have the power to hire or fire you, proving an employment relationship exists.

Failure to Satisfy Professional Requirements 

To qualify for an H1-B visa, the USCIS must deem your job as a specialty occupation. For the job to qualify as a specialty education, you should have a bachelor's degree or its equivalent minimum requirements to work in that position. Alternatively, your sponsor should prove that the nature of that job is so complex and specialized, and only people with your degree can conduct the work. 

Safety or Security Threat 

Just like any other visa application, authorities must conduct background checks and health records to ensure your presence in the country doesn't pose a safety or security threat to other citizens. Many issues may lead to visa inadmissibility under this section. Examples include having an infectious disease, mental disorder, history of drug trafficking, previous immigration law violations, criminal conviction, suspected terrorist, etc.

How Can An Immigration Attorney Help? 

H1B visa application is a complex and time-process that doesn't guarantee a successful application. Using the services of an experienced immigration attorney can help increase the chances of success. They help collect the necessary documents and guide you in filing paperwork, thus helping minimize delays due to a back and forth process. In case of inadmissibility issues, they may help file a petition proving your eligibility. These include making arguments to demonstrate an employer-employee relationship, disassociating you from criminal or terror links, and showing documents to prove your professional qualifications and a clean bill of health.

For more information on H1-B visas, contact an immigration attorney today.