Can I Appeal a Denied Green Card Application?
You may be delighted upon receiving a job offer that will have you working in the United States. But unfortunately, you cannot accept this job offer if you do not get approved for a work visa. This is even the case if you have specialized knowledge that makes you eligible for an H-1B visa. Read on to discover why your application was denied and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can fight on your behalf.
Why might my work visa application be denied?
It is common for H-1B visas to be denied by the United States Citizenship and Immigration Services (USCIS). This is because it may be difficult for an individual to prove that they have the specialized knowledge necessary for the visa. What’s more, it may be because you have once stayed in the United States for longer than what was legally authorized, you once committed a crime of moral turpitude, or otherwise.
However, a denial may be due to no fault of your own. Rather, it may be due to the fault of your prospective employer who is sponsoring your application. Examples include, but may not be limited to, the following:
- Your prospective employer may have failed to prove that they are an established United States company with enough resources to compensate you.
- Your prospective employer may have failed to prove that the job position offered to you is not contract-based, remote-based, etc.
- Your prospective employer may have failed to prove that the job position offered to you requires your specialty knowledge.
- Your prospective employer may have failed to fill out certain sections of the application or pay its required fees.
- Your prospective employer may have failed to send the application to the correct USCIS service center.
What approach should I take if my application is denied?
If your work visa application is denied, it may be worth asking your prospective employer to file a new I-129 petition on your behalf. This is best if you are under the impression that your initial application was missing the necessary information, documentation, fees, etc.
Another option is to ask your prospective employer to file an appeal. This requires them to file Form I-290B on your behalf. This is best if you are under the impression that the USCIS made an error in their initial determination. Importantly, this form should be filed within 30 calendar days from the date on which you received your initial denial.
Regarding your appeal, there is no time like the present to get started. So please reach out to a competent work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C., at your earliest possible convenience.
