How to appeal an employment based application (I-129) that is denied?

If you applied for a work permit by filing an I-129 application based on an employment proposition in the United States and your application was denied by the United States Citizenship and Immigration Services (USCIS) then your prospective employer has the right to challenge the denial in order to overturn it by filing an appeal.

If you happen to find yourself in such a predicament, the best course of action would be for your employer to consult with a professional immigration lawyer to determine what would be the most effective appeal in order to get your work permit approved without any hassle.

Notice of denial – understand and review it!

When your I-129 application is denied by the USCIS, they will issue a notice of denial that will clearly outline the reasons or shortfalls based on which your application was denied. It is of course most imperative that you understand these shortfalls and reconsider if the USCIS is simply mistaken in pointing these out or bringing them up. In this case you can file an appeal right away.

On the other hand, the shortfalls could be genuine where you may have inadvertently missed enclosing certain documents with your application or you simply do not qualify for a nonimmigrant worker visa at this time and require more time or qualifications to apply again.

Whatever the case may be, it is important to take this notice of denial and have it reviewed by an expert immigration attorney as he or she will be experienced in this matter and will know exactly what needs to be done to successfully appeal the denial. A legal representative would have worked on many such denial notices before and succeeded in having clients receive their work permits by appealing the denial and so they will know exactly what is required to be done.

You can find the legal help using this virtual tool: Immigration.USAttorneys. This website is the answer for you. No more denials! Do this right! Follow the advice of your immigration legal representative after you hire one.   

Filing an Appeal or a Notice of Motion

Once you have gone through the notice of denial, you have the opportunity to respond. In order to do so, the official procedure would be for your employer to file a notice of motion. The application to file a denial is called the I-290B and in it you can either:

1.      File an appeal with the administrative appeals office

2.      File a motion for the USCIS to reconsider their decision

3.      File a motion to reopen the decision of the USCIS

Bear in mind that choosing the wrong option would essentially result in jeopardizing your chances of ever working in the US. Therefore, it is better to be calculative and make informed decisions rather than to act hastily. Take this serious. This is serious. There is no reason to mess around and gamble with your future. Have you ever seen the show Leave it to Beaver? There was a character in that show called Eddie Haskell who had a smart mouth and wise crack about everything. He did not take school seriously, he enjoyed goofing off and taking it easy. This is not going to work here. Do not take your queues from Eddie Haskell, that will not get you anywhere.

Eddie, and others like him, had his/their parents to bail him out – immigration lawyers would not tolerate that type of apathy or any type of apathy for that matter (well, since you are paying them, it is your money and time). Do you have your parents to bail you out? Do you want to impress your parents or disappoint them?

One again, your best course of action would be to consult with an immigration lawyer at the earliest possible time and have him or her review your notice of denial for your employment based immigration application. Upon review your legal counselor will make sure that you are able to lawfully appeal the denial and end up acquiring the immigration status that you so desire.