Introduction

This is the story of every international student. We arrive to America with lots of dream to conquer the world with our skills and ability. We enrol in universities and the journey of abroad studies starts with the day you enter in your classes. Time passes and we start liking this country and the dreams to be an international student gets converted into diversity hire. We make connections because we know though the nation pledge to serve the equality, we have to give our extra efforts in finding the best opportunity to fulfil our dream. We get an opportunity and start working on OPT and then time start clicking and the 12 months get over, we again have to enrol for another program and cycle repeats and again we hit the OPT period with our master’s degree. And time goes on We start living our dreams and earning in dollars but our time ends here again. We start hitting the internet to get as much information we can get about H1B visa. This happens with most of us and what can be done if your H1B petition is rejected by the USCIS.

And as we know H1B lottery results are OUT!!

You can check H1B visa lottery results 2021 over the USCIS official site.

And if you have faced a denial this time, don’t worry world doesn’t end here, there are plenty of backup options available which are worth considering. As we have been flooded by the query since the results are out and the common thing among all the query is “My H1B visa rejected what next”.

Before hitting to the question why your H1B got rejected, first let’s check what are the eligibility to file the H1B petition and then the Reasons behind H1B denial.

Eligibility To file H1B petition

Having a Bachelors’ degree or its equivalent in which is recognised by US Education Board.

Having at least 10+ years of working experience or the equivalent educational/practical knowledge.

Should have specialisation in any particular field which can not be filled by the localities or say the US citizens.

Should be able to demonstrate the specialisation to the council.

Employer should be willing to submit the concern with DL (Department of labour) which specifies the terms and conditions of your contract with the employer.

Benefits to H1B visa Holders

Will be allowed to stay for three years in USA

Can Apply for Extension which will be of more 3 years

Can bring your family on dependent visa which is H4

Can apply for Green Card

Can apply for Permanent citizenship of USA

Will be paid the travelling cost the employer if they terminate the service of H1B visa holder with in the contract period.

Limitations to H1B visa holders

You have to dedicate your whole three years to the same employer.

The moment you get terminated, your legal status in USA gets null.

Time worked with the first employer on H1B is wasted if he/she fires you.

H1B transfer which means switching the employers under which you should have good connections with both previous and present employer in order to get the H1B transfer.

Your green card may also get affected if you are terminated by the first employer as you have to start everything from the beginning and the amount of time you dedicated to the first employer are irreplaceable.

• So, these are the Few facts you should be aware about your H1B visa petition. And as the results are declared by the USCIS and if you are not selected, below mentioned points can be the reason behind it.

Reasons behind H1B petition getting denied

• You failed to prove your specialization in specific field of work.

One of the main reasons to file H1B for an employee is their special skill in particular field which cannot be accomplished by any other US Citizens.

If you or your employer is unable to prove your special need on any project then USCIS can reject your petition.

• Failed to match Educational Qualification for the job recruitment.

When your employer demands your specialization in the particular field of occupation, it has to be shown to USCIS that your educational background is closely relevant to the job description.

If your educational field is loosely relevant to the job description but your work experience is as per the job responsibilities then the employer has to convince the officers for the same.

The employer will be needed to present the job description, roles and responsibilities to the USCIS on which position your specialisation is been considered.

• Employer Failed to meet the Beneficiary Requirement

One of the major factors behind your H1B petition getting rejected is that your employer you have filed your H1B is not a registered US working company.

If the employer is unable to show or prove the recent tax returns, tax identification number or financial statements then also your H1B gets rejected.

If the employer does not seem to hire or say sponsor your H1B then also it gets rejected by USCIS.

• Failed to prove that the job requires specialization.

When the employer filing your H1B with the aspect of special recruitment and if the USCIS does not find that the project or the job description has any special requirement which can only be done or have any special requirement of you only then also it gets rejected.

• Failed to prove the employee – employer relation

This is very sensitive and important reasons behind your H1B application. If the H1B applicating employer is unable to prove the immigrant authority that they will be providing all the essential beneficiary to the employee till the authorized occupational period such as the contract agreement specifying the terms and conditions of the job offer, then also your H1B application gets rejected.

• Failed to prove that your presence won’t harm others

One of the rare cases of H1B petition rejection reason is you are unallowable to work with others which means if you belong to any containment zone or say infected area which can be spread to others, mental health problem which may threat to others or have any background with drug abuse or trafficking.

If you have ever violated the immigration law or found with any forge immigration documents in past then also your H1B application gets rejected.

• Failed to respond to RFE (Request for evidence) Notice

If you have any mistakes in your H1B application form or the immigration officer needs any further documents of prove to cross check your application, the Required for evidence notice is been served to give a fair chance to applicant with a deadline.

If your employer fails to respond with in the time limit or the deadline your H1B application will be rejected.

• Failed to fill adequate filing fees

One of the general reasons behind H1B application getting rejected is not providing with required Filing fees. There are few sectionals categorise for filing fees which you can check on the official site of USCIS.

Should I appeal the Decision or refile H1B application?

• If you have received the denial of your H1B petition then either you can accept the fact and refile your H1B application or you can appeal the decision of the H1B rejection to USCIS.

Can I appeal the decision of H1B denial?

Yes, you can appeal the decision of H1B denial but as per the past records chances of getting an approval after appeal is nearly 6%.

After you appeal the decision, the Administrative Appeal Officer (AAO) will take at least 6 months to open the case and reconsider.

Can my H1B application be refiled?

Yes, if you receive a denial from USCIS for your H1B then your employer can file second 1-129 to ensure all the errors are corrected.

Can I Question my H1B Denial in Court?

Yes, if you think your H1B application is been rejected in a wrong way or there is no valid point of rejection you can seek for the justice and federal court will look into the matter.

Options to consider after H1B petition denied

If your H1B petition has got rejected and you are looking for options available for you then there are seven major options available which will help you to remain in USA legally.

Maintaining F1 student visa status

• International students in the USA arrive with a F1 visa status. Students can extend their while going for another degree or master’s or even double master’s on an F1 visa. The number of time you can apply for your F1 is not limited which means you are free to apply as many time as you want. But you should plan and choose wisely as there are many other types of visas that works for different purposes. F1 visa is an educational visa that allows international students to study and work in the USA for limited amount of time. Sometimes international students are looking for a job offer that can provide them an H1b visa sponsorship after the completion of their educational program. It is actually really hard to get H1B in the very attempt only. International students who got rejected in the H1b petition consider Extending their F1 visa status so they can get a job on F1 OPT, CPT, Day 1 CPT, or any other visa status. As an international student in the USA, for each education program you will get 12 months OPT, CPT or even the Day 1 CPT program If possible. These are job cum training programs that can be extended. Reconsidering F1 visa is a smart move if you are not getting an H1b visa sponsored job.

STEM OPT Extension

• STEM OPT Extension is an Extendable program of OPT. OPT stands for OPTIONAL PRACTICAL TRAINING is a training cum job program that allows international students to work in the USA for 12 months part-time or full-time depends on the student. You can apply for OPT after your Graduation or say when you finish your education and willing to gain some practical experience. Most of the international students choose to take OPT after they complete their study program. This OPT training cum job program is extendable if you are enrolled in a course that falls under the (STEM) SCIENCE.TECHNOLOGY. ENGINEERING.MATHEMATICS category. You will have to apply for a STEM OPT Extension if you are thinking of extending your OPT job program. You will have to apply for STEM OPT extension before the expiration of your OPT EAD (Employment Authorization Documentation) card. STEM OPT is an extension of 24 months. You must have completed your STEM degree within 10 years. You must have a job offer which can prove that you are going to get paid in future for your employment. You job offer should be from a company which is E-verified and established in USA. STEM OPT is a good way to extend your work and stay in the USA if H1b visa sponsorship is not coming in your hands.

NAFTA

• NAFTA is a Free Trade Agreement created to encourage the trade and other economic activities among the North American countries: Canada, Mexico, USA. NAFTA came into existence in January 1st 1994, which is a Trilateral Trade program. NAFTA offers opportunities to American and Canadian citizens to work in the USA. Similarly, citizens of America and Mexico doesn’t require an LMIA or work permit to work in Canada. If you are a North American resident applying for Intra-company transfer then you can be exempt from the requirement of LMIA in Canada. To exempt the LMIA or work permit requirements, it is necessary to as a professional according to the definition of NAFTA.

Day 1 CPT

• CPT is just another practical training cum job program like OPT offered to the international students in the USA. Curricular Practical Training or CPT is a course specific training cum job program. Just like OPT it also provides 12 months to international students so they can work and gain practical knowledge in their field of education. You can extend your CPT job program if you successfully get a new CPT job offer. You can check out the list of available CPT jobs for international students on our jobs page.

• Day 1 CPT is a program in which you can work from Day 1 of your academic program. Only few institutions provide Day 1 CPT. The employment must relate to the education program of the student. There are several other benefits of CPT jobs in USA.

• Day 1 CPT colleges or say Day 1 CPT Universities are few and you should be verifying as its authorised by USCIS or not and ensure it will not affect negatively on your immigration status.

• If you are still wondering how does Day 1 CPT work, then To get an in-depth knowledge about DAY 1 CPT program read this out!

• As per the survey it can be said that CPT jobs in New York, California and Chicago are the top locations offering CPT jobs for international students in the USA.

L1 Visa

• L1 Visa is also a good alternative of H1b visa for job international job seekers. L1 Visa is issued for foreign workers who used to work in a company that has an office in the USA too. A company having an office in Canada, India, Mexico or any other country can offer intra-company transfer to their employees and provide them a new location to work for their Company office located in the USA.

Conclusion :

USA is a dream of thousands of people in this world. Young and talented international students and foreign workers always put efforts and try their luck to stay and work in the USA. H1B visa is been in demand since so long and has been forged by cunning employers many times. It is one of the biggest reasons why H1B visa petition goes unsuccessful many times. But there are many ways to extend or enter the USA as a non-citizen or a foreign worker. You have to plan prior applying for any visa status because every visa status serves in a different way. As you can see the other possible alternatives of H1B visa to enter the USA, is a proof that nothing comes between hard work and dedication. Wok hard as visa status can be arranged but the skill is the most important thing to survive anywhere in this world. United OPT is available 24/7 to serve international students looking for OPT, CPT, DAY 1 CPT and H1B visa sponsored jobs in the USA. Feel free to contact our team anytime.