Reasons for H2B Visa Rejection

The H2B visa is granted to foreign nationals who come to the United States to carry out non-agricultural jobs temporarily. If you are interested to work and stay in the U.S. through this type of visa be aware of reasons for H2B visa rejection. The following are some of the major reasons for H2B visa rejection:

Timing of application filing

The application for your H2B visa has to be filed by the sponsor and the employer should file the request at least 60 days but not more than 120 days from the time the worker is required.

Violation of employment conditions by the sponsor

The H2B visa workers are hired during four situations viz.

  • One-time event
  • Seasonal requirement
  • Peak-load necessity
  • Intermittent requisite

The sponsor’s failure in establishing the reason of hiring H2B worker may lead to rejection of the visa request. The employer must be established and able to pay the employee. If the consular officer sees any doubtful condition of the employer, it may lead to the reasons for H2B visa rejection.

Availability of US workers for the same position

When U.S. workers are readily available to execute the same work, your visa application may be rejected.

Violation of H2B visa earlier

If the consular officer finds any past record of you on violation of H2B Work Visa conditions, it raises the chances of visa denial.

Refusal under section 214(b)

When the consular officer believes that your bond with the U.S. is so strong, he/she raises question on your intention of being a nonimmigrant. Similarly, during document verification if the consular officer finds that your ties with your home country is too weak and you may plan to work and stay in the U.S permanently, the application is rejected under section 214(b). To get rid of reasons for H2B visa rejection under this section, you should provide sufficient documents showing your intention to leave the U.S. after expiry of authorized stay and strong links with own country.

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