Common reasons for the H-1B visa denial – Move To America
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Common reasons for the H-1B visa denial

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The H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations. Each year, around 65,000 skilled immigrants work in the United States on an H-1B visa.

In most cases, the visa is denied because of the petitioner, or the employer, fails to prove that his company has the need and the capacity to hire a foreign worker. Moreover, employers need to make sure that the job qualifies as a “specialty occupation” and that the foreign applicant possesses the required education or experience. Therefore, the petitioner must show that the job can only be performed by someone who has at least a bachelor’s degree or its equivalent in a field related to the position. In addition to this, the petitioner will also have to demonstrate that the foreign employee will not work for somebody else except for the applicant.

In the case of a possible denial, USCIS will ask for the documents which might correct any problems with the application. In other words, the petition will not be rejected if there are issues that can be resolved.

Last year, about 26,000 U.S. companies employed at least one foreign worker through the H-1B program and in 2014, almost 65 percent of employment visas were issued in computer-related occupations.

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