What Are H-1B Challenges & H-1B Denial

H1B Visa

                                               H-1B Challenges

Because of the exact nature of the immigration process, complications can easily arise from unique circumstances. Working closely with an immigration attorney can help you decide if these challenges apply to you and what you can do about them.

If you are the founder, co-founder, or sole proprietor of the company that you wish to work through, then you will be fulfilling the role of both the employer and the employee, which is not accepted by the USCIS.

If the structure of your company allows for a board of directors to pay you instead of you paying yourself, you may be able to secure an H-1B visa as a business owner. For H1B Visa Process Visit UT Evaluators

It is possible, however, for you to start a business on an H-1B visa. You must establish an entity (such as a board of directors or a CEO) that has control over your salary, your tasks, and your employment status. That entity must petition on your behalf. No matter what, you cannot self-petition on an H-1B.

Another issue develops when the employer that has petitioned on your behalf is a small business. The LCA has particular rules about how much an employee can be paid. If the small business does not have the capital to fulfill these requirements and also pay the petition filing fees, then you will not be able to file.

                                                     H-1B Denial

It goes without saying that the USCIS often denies H-1B visas to those it deems unqualified. However, by taking the right precautions, you can optimize your chances of approval (provided that your petition is selected in the lottery, of course).

The first thing to realize about this process is that there are essentially two refusal states: rejection and denial. These hinge on the two-pronged approval process that each H-1B petition goes through. The first prong involves having an immigration officer look over your case to determine whether:

A. All of your information is complete, consistent, and accurate

B. You have provided enough evidence and documentation

C. Your employer has paid the appropriate fees to the appropriate places

If your petition does not pass this phase, then it will likely be rejected without a refund. Fortunately, the answer to this issue is often to simply re-file with the help of an experienced H-1B attorney. To know more info on  H1B Visa check Planetm

If your petition passes this phase, however, it will go on to phase two, which means that the officer will determine if your evidence, background, occupation, and qualifications meet the H-1B visa requirements for 2020. If not, then you may experience an H-1B denial. In this case, re-filing may not be the solution.

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