When you find the perfect applicant for a job position, you may be incredibly relieved. However, if they are currently located overseas or are not a United States citizen, you’ll need to take additional steps in the hiring process to help them obtain a work-based visa. However, the last thing you expect after navigating this process is for their visa to be denied. This blog explores what your options are if this occurs, as well as the importance of working with Fairfax County work visa lawyers to help you navigate these difficult times.
What Are Common Reasons a Visa May Be Denied?
There are a number of reasons that a visa application, especially one for an immigrant worker, may be denied by the United States Citizenship and Immigration Services (USCIS). While some reasons may be the result of the applicant’s criminal history or prior immigration violations, others can be because of errors during the application process to sponsor the immigrant worker. As such, common issues that could arise when attempting to sponsor an employee that could lead to the denial of the application include, but are not limited to, the following:
- Failure to prove you have enough funds to compensate the employee adequately
- Failure to prove that the position for which you hired the applicant requires specialized knowledge
- Failure to prove that the job position offered is not contract or remote-based
- Failure to ensure that the application is filed in its entirety
What Should I Do if One of My Employees Faces This Issue?
If an employee who has applied for a visa is denied, it can be an incredibly stressful situation for you both. However, there are steps you can take to attempt to rectify the situation. Generally, one of the first things you should do is review the denial to determine the reason. This will help guide you in the right direction to fix the issue. Once you have determined the issue, you should connect with an experienced attorney to help guide you through this process to reduce the chances of another error occurring.
If the application was denied because the forms were filled out incorrectly or incompletely, you can resubmit a new I-129. However, if you believe that the application was wrongfully denied due to an error on the part of USCIS, you can file an appeal. As such, you can submit a Form I-120B, Notice of Appeal or Motion. You can file this on behalf of your employee if they are denied. It is critical to note, however, that this form must be filed within 30 days of receiving the denial notice.
When an employee’s work visa is denied, it can put both you and the applicant in an incredibly stressful circumstance. As such, it’s in your best interest to connect with an experienced immigration attorney with Goel & Anderson to help you navigate the appeals process. Our team understands how complicated this matter can be, which is why we will do everything in our power to guide you through this process so you can fight for the best outcome. Contact us today to learn more.
