What Happens if My Work Visa Application Is Denied?


Pursuing a life and career in the United States is a common aspiration for many foreign nationals. However, this endeavor can be quite challenging, as it involves securing employment opportunities and navigating the complex visa processes. Despite the challenges, securing an employment-based nonimmigrant or immigrant visa can make it possible to achieve this goal. However, it’s imperative to note that filing a work visa petition on Form I-129 does not guarantee approval from the United States Citizenship and Immigration Services (USCIS). Unfortunately, there are numerous reasons why the immigration authorities may deny your work visa application. If your application for a work visa gets denied, don’t panic just yet. Fortunately, you still have options available to you. We recommend contacting a reliable Middlesex County, New Jersey, Business Immigration Lawyer who can guide you through your next steps.

Why would my application be denied?

Firstly, there are many reasons why USCIS may deny a work visa application. However, in most cases, they are denied for not meeting the strict eligibility criteria. For a foreign worker to obtain a  work visa in a particular classificaiton, they must posses specific qualificaitons. In addition to being denied for no possing these qualificaitons, USCIS may also deny a work visa pertition because of an inability to secure a job position. When a U.S. employers files Form I-129, they must prove they have a bona fide job position that will be filled by you. Regardless of the reasoning, it’s vital to contact an experienced lawyer who can help you address and avoid these same issues when filing another work visa petition.

What can I do if USCIS denies my work visa petition?

When USCIS denies your petition, the approach and options available to you will depend on whether you are already residing in the U.S. under a different immgiration statute or outside the U.S. If you are outside of the U.S. when your petition is denied, you may have the opotion of starting over, meaning your employer can file a new Form I-129 on your behalf. This approach is best if your employer can quickly address the issues that resulted in USCIS denied the original petition. However, it’s worth noting that filing a new petition is not always a feasible solution as there is an annial limit on how many H-1B visas peitiotns can be approved. In some cases, you may be able to enter the U.S. on a different nonimmgirant visa category.

If you are already in the U.S. and your work visa petition is denied, your employer could potentially file a second Form I-129 petition on your behalf and correct any issues that USCIS found in the original peititon. When you apply from within the U.S., your employer is asking USCIS to change your immgiration status and allow you to extend your legal status. Therefore, complications can arise  if the petition is not exceuted proeprly. If filing another petition is not a viable solution, you can consider filing an appael of the USCIS I-129 denial.

If you want to file an appeal or need assitance in filing another Form I-129 work visa petition, please don’t hesitate to contact a trusted lawyer from the Law Offices of Aditya Surti, LLC. Our firm is prepared to help guide you through each phase of this complex process to work in the U.S.


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