The international students who study in the USA have the opportunity to work on F-1 visa by applying for EAD for OPT Jobs in the USA i.e. Optional Training Program. But that is not in case of people who want to work in the USA, they have to apply for H1B visa and search for employers who sponsor them to work in the USA.
The H1B Visa allows the companies to temporarily employ foreign employees for the specialized job designation. They can hire the non-residential worker in specialized occupations like architecture, engineering, mathematics, science, and medicine which requires technical and theoretical expertise. Under the H1B visa, the US Company can employ a foreign worker for up to six years.
H1B Visa Rejection Reasons are as follows :
Here are some of the common factors of H1B Visa Rejection Reasons that you must know and prepare to avoid it:
When petitioning Employer’s failure to meet the requirement
The denial of the visa occurs if the employer who is filing the petition for the candidate does not seem to be well established. If the embassy finds the employer unreal then it has the power to reject the visa of the candidate.For more info on H1B Visa Process Visit Orphosys Corp.
The visa of the candidate is refused because the employer has failed to justify the requirement needed to give the proof. The employer should demonstrate the hiring capacity and have the earning enough to be capable to pay the hired employee.
An established petitioner can give documentation, like a tax number, tax returns or monetary statements. Insufficient documentation can sink the application right on spot.
The petitioning employer should even be able to offer documentation of getting an established location. This could embody website printouts, brochures, pictures of the employer’s premises, and any licenses or stock certificates if necessary.
Inadequate showing of employee/employer relationship
If there is a lack in showing the proper relationship between the employee and the employer then the US embassy can doubt the intentions and may refuse to approve the visa. The Visa office would doubt if whether the employee will actually work for the petitioning company or not.
There may well be a misconception that the employer is making an attempt to get around the rules by acting as “job shop”, inserting workers on subcontracting assignments.
The evidence like purchase order, contract agreement or a clear statement intending that only the petition filer employer has control over the employee should be submitted by the petitioner as a proof. Failure to incorporate any of those within the initial visa petition might lead to a denial of visa application.
Based on worker-beneficiary lack of specialized knowledge or skills
An H-1B visa is often denied or refused because the worker/beneficiary does not have the required education, or the offered employment does not meet the “specialized knowledge” requirement.
The beneficiary is need to have at a minimum a bachelor’s degree, preferably in the field of offered employment. The beneficiary should also establish, with assistance from the employer, that he or she has specialized knowledge related to the job that has been offered.To know more information on H1B Visa check Cmap
Although evidence of the B.A. is sometimes enough by itself, in other cases the employee may need to provide such evidence as a thorough resume and experience letters from previous employers to avoid visa rejection.
The candidate who applies for the H1B visa has to prove the admissibility to the country, the legal proof for having the valid entry in the country whether they have applied for direct H1B petition or COS of OPT students looking for jobs after opting completion in the USA.
Evidence request is the most common point for the H1B Rejection
If the employer has submitted the H1-B visa petition the agency would definitely issue Request for Evidence (RFE) before a denial of the visa. The VO has always given up the visa to the maximum visa seekers but minor chance lead to the visa rejection.
USCIS request will ordinarily either state a listing of documentation that has to be provided or a list of questions to justify in a letter response. The request will give a deadline by which the response is due. If the recipient does not respond by the deadline the USCIS will deny the case and reject the visa application.
Poor presentation during H-1B visa interview
The applicant should always be well prepared for their H-1B visa interview in the same way as a job interview. Everything from their overall attire to their tone of voice will be critiqued during the interview. Candidate must have good communication skills and confidence.
The more professional you present yourself, the more you have the chances to get passed. And if you are worried about getting the H1B visa and want to appear there as fully prepared, follow some H-1B visa interview questions & tips.
One should be prepared to answer questions irrespective of whether the interview is to Consulate for a new H1B visa or for an H1B renewal or extension.