Apart from a B-2 tourist visa, one of
the most issued visas to foreign nationals to enter and live in the United
States is the work visa or work permit. In actuality the correct term for a
work visa is a nonimmigrant visa which may belong in any one of the following categories:
H-1B, H-2, L-1, and so on.
Ideally the visa application process is
seamless. The employer of the foreign national only has to file a the work visa
application, which is the I-129 petition, and the USCIS (US Citizenship and
Immigration Services) will scrutinize the petition and approve in a matter of a
few weeks. According to immigration lawyers, it is this approval which
ultimately enables the foreign national candidate to work in the United States
lawfully.
Even though generally there aren’t
problems with the work visa coming through, it does not mean that any
application will be approved. There is no guarantee that a work visa petition
will be approved and sometimes work visa petitions are rejected or denied.
You saw this in the movie Shawshank
Redemption with Morgan Freeman who played Ellis Boyd 'Red' Redding. His parole
hearing was always denied or his parole release rather. For years, twice a year
or whenever he was eligible, he would tell them what he thought they wanted to
hear. Red would tell the parole board he was reformed, he would do good things
in society, he would not cause anyone any problems, he would be an ideal
citizen, and so on. His parole was rejected every time and he never thought he
would see freedom again. Then finally he told them that he may not be reformed
and he would try to be a fine citizen and they approved his release. Now this
is not an immigration hearing but the point is, is that you should not assume
anything and you should always have a plan B.
If plan B is to continue to work hard in
your own country and be patient in regards to your American dreams then that is
that and there is nothing wrong with that. Red’s plan B was to continue to be
in prison and to hang out with his friends in prison. Not too many other
choices!
In this article, we will take a look at
some of the reasons why a work visa may be denied and what one can do in such a
situation.
This article in strictly for
informational purposes only and we strongly suggest that anyone who is facing a
similar predicament appoint an experienced immigration attorney as soon as you
can.
Reasons
Why a Work Visa maybe Denied
Like any other country, the United
States attempts to ensure that United States citizens are given preference in
employment opportunities and only if and when no one suitable or qualified
applies for the position then foreign nationals may be considered accordingly.
However, the foreign national in question should possess the necessary
qualifications and if the USCIS finds out that the candidate does not meet
these eligibility criteria then his or her work permit application will be duly
rejected say immigration lawyers.
Another common reason why the USCIS may
reject a work visa petition is if they happen to find that the job is not
legitimate or bona fide and that you are not going to actually work while
inside the United States. This could lead to serious consequences and potential
charges
of immigration fraud.
What
are your options once your work visa is denied?
Considering that you are legitimately
intending to work in the US and qualify for the post that you have been
offered, there are still some things you can do once your work visa is
rejected. In cases where the candidate happens to be abroad, the best thing to
do would be for the employer to re-file the petition after addressing the
shortfalls mentioned by the USCIS.
However, if you are already in the US
then your options are a little different where your employer will have to
update your status from the current status to an employment based status and
then request for the USCIS to allow for the extension of your stay and legal
status.
If
you need help with your work visa or any other immigration issue,
then you and your employer both will be best served by a stellar and hardworking
immigration lawyer.
Red would need help using this site (Immigration.USAttorneys) but Red was already
an American citizen so he would not need to use it. Though he could use for
other legal matters but that is another topic. In this world, in the modern
day, this website is a life changer and a gold mine all wrapped into one. This
site has saved lives and it is a gold mine because it is easy to use and so
necessary to have in our society. What makes America outstanding is that even
the little person can have their day in court and be represented by a marvelous
lawyer. Click away and help yourself out. Even if you are not a US citizen you
can find and work with a dedicated immigration lawyer to help you reach your
goals.
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