Foreign nationals who wish to work in
the US are allowed to do so by obtaining a work visa, also known as a non-immigrant
visa, available under various categories such as H-1B, H-2, and P1, to name a
few. In order to obtain a visa, the US employer must file an application known
as I-129 petition with the US Citizenship and Immigration Services (USCIS).
Reasons
for rejection
The USCIS is the final authority in the
granting of work visas. However, there is no guarantee that the immigration
agency will approve of every visa. An application can be denied for various
reasons such as the lack of requisite qualifications or genuine job position.
They may also deny an application if they determine that your employer won’t
actually have control over your work.
According to immigration lawyers, there
could be various other reasons. However, it is not the end of the road if you
have been issued a denial by the USCIS. Your employer and legal representative
will analyze the reasons so that they can proactively address these issues.
This will help them file a second I-129 on your behalf.
This is why you need legal help. Your
friends and family may have positive intentions and care for you but their
knowledge of this process is not acute and based on rumor and second hand
information. If you want this to take years and perhaps never actually happen,
do not use this wonderful website and do
not use an immigration lawyer off of it. There is a right way and a wrong way
to do things, using this site can only help you.
Alternatives
for foreign nationals outside the US
Depending on whether you are already in
the US or outside the country, there are a few options available if you have
been denied a work visa. If you are outside the US and your H-1B visa was
denied because your employer forgot to file a copy of your degree as supporting
evidence of your qualifications, your employer can file a new I-129 petition.
However, it is important to be aware that there is a limit on the number of
H-1B visas that the USCIS approves of annually.
 |
| This is a complicated process. Pretty much anything involving America's federal government is complicated. But the private sector in America can and has helped you out with this website: https://usattorneys.com/. Now you can find an immigration lawyer in a few minutes who can help you weave your way through this labyrinthine process. |
If your employer files another petition after
the limit is reached, you would have to wait for the following year. If filing
a second 1-129 petition isn’t an option there are other alternatives such as
filing in a different nonimmigrant visa category. However, it is always prudent
to consult an experienced immigration attorney if you wish to enter the US on a
different status to make sure you qualify.
Options
for foreign nationals in the US
On the other hand, if you are already in
the US your employer will need to do two things to file an I-129 petition. The
first is to request a change in your immigration status to a new,
employment-based status. Your employer will also request the USCIS for an
extension of your legal status in the country. For example, if you are on a
student visa and wish to remain and work in the US, your employer must file an
I-129 petition requesting for a change of status from a student visa (F-1) to
H-1B or any other appropriate work visa status as well as to extend your legal
stay.
If the I-129 petition is denied your
employer may be in a position to correct any issues that the USCIS determined.
However, if that is not possible you may still be able to remain in the US by
extending your F-1 status and attend another bachelor’s or master’s degree program.
No comments:
Post a Comment