Reasons for H1B Visa Rejection

Your H1B visa can be denied by either United States Citizenship and Immigration Services (USCIS) or the U.S. consulate in a foreign country. Below are some of the common reasons for H1B visa rejection.

Sponsor’s failure:

Your application for H1B visa can be rejected because of the failure of your sponsor. If the employer is not an established U.S. company and does not have the capacity to hire and pay H1B workers the consular officer may reject your application. The sponsoring company should provide documents like tax identification number, tax returns or financial reports. It also has to provide papers showing its established location such as website printouts, snaps of the office premises, and any licenses or stock certificates if needed.

Employer and worker Relationship:

If the visa application petitioned by your employer shows that the hired employee will work offsite then questions about the relationship of the employer and the employee would be raised. Whether you will truly work for the petitioning employer or the sponsor is just acting as a ‘job shop’, provides placement to the employees and subcontracts assignments. The requester has to provide all the related documents showing that you will be under control of the petitioner only, even if you work at client’s location.

Lack of expertise

H1B visas are granted to those who have specialized knowledge in the field for which they are being hired by the U.S. Company. Submission of inadequate academic credentials or experience certificates may be one of the reasons for H1B visa rejection.

Worker’s inadmissibility

Whatever the type of your visa application may be, it is rejected after coming under inadmissibility ground. The United States has set certain criteria not to allow a foreign national to enter into the country. Some of these grounds are:

  • Tuberculosis patients
  • Patients with physical or mental disorders that may cause harm to themselves or others
  • People lacking proper vaccinations
  • People with convictions for crimes involving moral turpitude
  • People with charges of immigration laws violation
  • Prostitutes
  • Drug abusers or addicts
  • Drug traffickers
  • Spies
  • Terrorists
  • Nazis

However, in some cases, you can apply for waivers.

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