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when the offered salary falls below the Department of Labor’s prevailing wage determination, or the employer submits an outdated or incorrect wage determination.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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