A work visa denial can feel like a sudden stop after months of preparation, paperwork, and anticipation. For many applicants, it comes as a shock, especially when the reason for denial is not immediately clear. However, there are a few key errors that can be the cause. These adverse visa decisions often stem from one or more of the following:
At Kriezelman Burton & Associates, LLC, we have been guiding foreign nationals through the U.S. immigration process since 1974. We understand where petitions often go wrong, and we can help you avoid these mistakes.
Many work visa categories require the sponsoring employer to submit supporting documentation alongside the petition. This includes proof that the job offer is legitimate and that the employer is authorized to hire foreign workers.
Common documentation gaps include:
Even minor omissions can trigger a Request for Evidence (RFE) or an outright denial. Thorough preparation before filing is essential.
Work visa programs require employers to pay foreign workers the prevailing wage for the role and geographic location. This requirement exists to protect both U.S. workers and foreign nationals from wage exploitation. Therefore, a denial may occur when the offered salary falls below the Department of Labor’s prevailing wage determination, or the employer submits an outdated or incorrect wage determination.
Wage errors are among the more technical reasons for denial and are often overlooked during preparation. Reviewing the applicable wage requirements before submission can help prevent this outcome.
For H-1B and similar visa types, the position must qualify as a “specialty occupation,” meaning it typically requires a minimum of a bachelor’s degree (or equivalent) in a specific field. USCIS scrutinizes this requirement closely.
Applications may be denied for reasons such as:
Providing a detailed, well-documented job description and supporting evidence is critical to meeting this standard.
Procedural errors are a surprisingly common cause of visa denials. USCIS requires precise adherence to filing requirements, and even small mistakes can result in rejection.
Filing issues that frequently cause problems include:
These types of mistakes are preventable with careful review before submission.
A denial does not always mean the end of an immigration journey, but it does mean that swift, informed action is needed. The attorneys at Kriezelman Burton & Associates, LLC have represented hundreds of foreign nationals and employers across the country, helping them address denials, respond to Requests for Evidence, and build stronger applications from the ground up.
If your work visa has been denied or you want to get your application right from the start, contact our Chicago immigration attorneys today to schedule a confidential consultation.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
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I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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