COMMON REASON WHY H1B VISA GETS DENIED
With United States new President, Donald Trump, there is an air of uncertainty on US immigration and how the ruling party will handle different aspect of US Immigration. H1B visa has been an area of focus due to the stigma placed on it that H1B beneficiaries are taking US citizen jobs.
There has been rumors from different sources that H1B visas are likely to be provided exclusively for people that studied in the United States.
Another issue haunting H1B visa process is the employee-employer relationship; it has been observed that many potential H1B employers, especially in the IT industry, are operating their business like a recruitment agency. After the beneficiary has been approved, the employer places the beneficiary on a contract off site and gets a percentage of the wage/salary.
The H1-B visa is important to both the employee and the employer, it is prudent that you make advance preparation to ensure you give the petition the optimal chance of success.
Meeting the deadline
There is almost no point in filling an H1-B petition if you will not file during the first week of April. The yearly quota usually runs out by the end of the first week. So, the plan is to get your petition in on day 1. Even if you meet the deadline- remember that the H1-B applications usually surpass the quota and therefore the USCIS will utilize a “computer-generated random selection processes”. It is therefore a true lottery system and your application may or may not get picked.
Ensuring your H1-B application is Solid
Some employers and applicant make the mistake that their petition will be solid just because they have appointed an attorney. This assumption is incorrect!
While an attorney can guide you, they cannot provide the required information for you. The responsibility is on you to ensure you provide a near perfect information to the attorney.
What’s the point in going through the preparation, submitting on time, and being lucky enough to be picked in the lottery only to then get a refusal or a long winded RFE because you submitted a weak application package. Many times, refusals can be avoided!
Doing your ground work
- Specialty occupation – consider employing a specialist to help. You can get an expert’s opinion and evaluation to evidence your submission that the position’s nature, responsibilities, and knowledge is so specialized and complex that knowledge required to perform these duties is usually associated with the attainment of a Bachelor’s degree or higher depending on the position.
This is becoming increasingly important in the IT industry where the USCIS is regularly holding that most programming jobs can be done by an associate degree holder or by a non-degree holder who has been specifically trained.
- Your financials
Ensure you can prove that your organization is confirmable to pay the employees’ wage as well as fund any intended projects.
- Business Plan
You should certainly consider submitting a business plan to provide an overview of your company, telling the USCIS who you are, what you do, your financial forecast, your organizational chart, why you need a particular employee, and all the salient facts of your organization.
If you supplied a business plan that wasn’t professionally written, it’s time to employ the services of a business plan professional to write, modify, and clarify your business plan.
For more information on services go to: http://www.immigrationbusiness-plans.com/
- Obtaining several contracts or work packets
If your organization generally sends employees to work off sites or other company’s sites, then it will be prudent to obtain, in advance, contracts for work or work packets. These will be used to demonstrate the work the employee will be undertaking in the US. Ensure to provide proper evidence of employer-employee relationship as well as your right of control over the employee. You may consider getting specialist help or address this in your business plan.
Our practice involves a management consultant with an expertise in writing business plans and project management. When IT companies with H1B applicant contact us, we analyze all potential problems and consult with them to create an action plan.
We have dealt with various denials, request for evidence (RFE), motion to reconsider (MTR), and motion to re-open on behalf of H1B applicants, however if you will like to limit the possibilities of running into problems, you can contact us 6 weeks before making an application
We provide a unique service by using our own in-house strategy as management consultants to present your plan
We work with many immigration attorneys, you can bring your own attorney or ask us for a referral.
Below is a small selection of some of the attorneys we work with.
Email :- email@example.com
Phone: (310) 943 6352
Zhang & Associates, P.C.
Phone: (408) 331-9116
Emandi Law Firm, PC.
Phone: (212) 686-7782
Law Offices of Sabrina Li
Phone: (213) 375-8096
Law Office of Maria E. Garcia, PA
Phone: (561) 682-9111
About the Author:
Henry Akinlude is a management consultant with over 20years experience in Business Strategy, Business Planning and writing.
Henry has numerous academic qualifications and membership related to his area of expertise
Henry Akinlude MA, MBA, LLM.
Global Management and Technology Consulting,
Copyright 2017 Global Management and Technology Consulting
Company Name: Global Management and Technology
Contact Person: Henry Akinlude
Phone: 310 860 6283
Address:21550 Oxnard Street, 3rd floor
City: Woodland Hills
Country: United States