What Are the Most Common Reasons Why Visas Are Declined?

A federal judge ruled U.S. Citizenship and Immigration Services (USCIS) improperly denied an H-1B petition after the agency claimed the position did not qualify as a “specialty occupation.” This is the first known case where a federal judge has analyzed whether the USCIS interpretation of its H-1B regulation is entitled to deference under the recent Supreme Court Kisor decision – and the judge determined the USCIS interpretation was not entitled to deference.

The judge rejected the USCIS assertion that it had the right to deny an H-1B petition because the position did not require a degree in a specific subspecialty and could be filled by someone with a degree in more than one discipline, such as different types of engineering degrees.

Read more…

The content on this website is provided for general informational purposes only and does not constitute legal advice. Viewing this website or contacting our office does not create an attorney-client relationship.