H-1B Denials, What Now?

June 7, 2011

dice.pngThe business immigration attorneys at the Law Offices of J Craig Fong have often been asked to review denied H-1B cases prepared by other attorneys. We are asked for advice on whether and how to re-submit a new successful H-1B petition. While it is a difficult task to overcome a previously denied H-1B petition, it is not impossible... it'll be hard work, but it's not impossible.

The following are questions that are appropriate to ask if you have had a denied H-1B petition:

1. Did the first attorney spend enough time with me and my employer to understand what special knowledge and tasks are involved in the offered H-1B job?

2. Were the potential difficulties or weaknesses of the first petition anticipated by the first attorney? If not, why not? And if so, what things did the previous attorney do to prepare in case of a difficult Request for Evidence (RFE)?

3. What can be done to the first petition to better explain in better detail and document with more evidence my job or training to the requirements of the specialized occupation, so that might I have success the second time around?

I have for more than a dozen years focused my practice on some of the most novel and challenging H-1B cases. I've worked with cinematographers, people in the fashion industry, translators, business professionals with years of experience but no university degree and I have been successful as long as the applicant and employer understand what is really necessary in the H-1B process. I've even worked with small H-1B employers successfully.

I have for several years now blogged on the issue of H-1B quota and how Requests for Evidence and Denials impact the process and a person's chance at getting the H-1B approved. While each year is different in terms of watching the quota, it has become increasingly clear that CIS has not only refined their request for evidence queries, but has become more strict than ever. If you are interested in having your case screened for an H-1B petition or reviewed in case of a denial or RFE, please call the immigration attorneys at Law Offices of J Craig Fong for a free consultation so you know the real odds of your H-1B case. Why take a gamble? ---ecf