H-1B DENIED? DISCOVER THE VISA OPTIONS USCIS STILL ACCEPTS

Knowing the most common reasons clearly provides a strong foundation for reapplying.

The first reason: Insufficient documentation.

USCIS wants to clearly see the relationship between the job description and the degree, especially in an H-1B petition, where demonstrating that the position qualifies as a specialty occupation is essential. If the technical depth of the role or the educational requirements is not emphasized clearly enough, even a strong H-1B visa case may face challenges. In many situations, applicants assume USCIS will infer the connection, but without detailed evidence, the agency may conclude that the requirements do not meet the regulatory standards for H-1B visas. This is often the point where an immigration attorney becomes invaluable—ensuring the documentation fully reflects the professional complexity of the role and avoids a denial rooted not in the nature of the job, but in how it was presented.

“The director denied the petition, finding that the petitioner failed to establish: (1) that the proffered position qualifies as a specialty occupation in accordance with the applicable statutory and regulatory provisions; and (2) that the beneficiary is qualified to perform services in the specialty occupation.” (USCIS, 2014a)

Second reason: Employer profile.

Small companies sometimes fail to demonstrate sufficient employer sponsorship, especially if they lack a clear record of past sponsorship programs or detailed documentation showing their ability to support an H-1B employee. Financial statements, team structure, or workplace verification may appear weak to USCIS, creating doubt about whether the organization can sustain the role. In such cases, early legal guidance and professional support—often through an experienced immigration attorney—can help the employer prepare stronger evidence and present a more credible sponsorship profile.

“In the Form I-129 (Petition for a Nonimmigrant Worker) the petitioner describes itself as a retail business which was established in 2007 and employs three people. In order to employ the beneficiary in a position to which the petitioner assigned the job title “Accountant,” the petitioner seeks to classify her as a nonimmigrant worker in an H-1B specialty occupation pursuant …

The director denied the petition, concluding that the petitioner failed to establish that the proffered position qualifies as a specialty occupation in accordance with the applicable statutory and regulatory provisions.” (USCIS, 2014b).

This decision treats the “small employer” factor not as an automatic ground for denial, but as a circumstance that raises doubts regarding the expertise level of the position and the genuine need for the job. This aligns both with legal reality and the approach of the AAO (Administrative Appeals Office – an independent review/appeals unit operating within USCIS).

Third reason: Wage level.

Offers below the prevailing wage are among the quickest paths to denial by USCIS, because the wage level serves as a clear indicator of the expertise required for the role. When the salary listed in the Labor Condition Application (LCA) does not align with the appropriate wage level, USCIS may conclude that the position does not truly reflect the complexity or responsibility described. Many employers underestimate how critical this step is, often overlooking the nuances of prevailing wage determination or misunderstanding what the prevailing wage actually means. Even when the labor condition application form is submitted correctly, any inconsistency between the job’s demands and the wage level can lead to scrutiny and ultimately a denial.

“the beneficiary would earn a wage of $19.46 per hour. The director approved the petition on May 10, 2011…(USCIS, 2013a, p. 2)

Specifically, the director found that the petitioner failed to pay the beneficiary the wage specified on the Form 1-129 and Labor Condition Application (LCA). (USCIS, 2013a, p. 4)

Fourth reason: Incomplete responses to a Request for Evidence (RFE). 

Many petitions are denied simply because strong supporting documents are not provided after a Request for Evidence (RFE). When a USCIS request for evidence goes unanswered fully or accurately, the agency often assumes the petitioner cannot meet the requirements. Even a small gap in documentation can become a decisive factor, which is why guidance from an experienced immigration attorney can be critical in preparing a thorough, timely response.

“The director further stated that the “untimely appeal” would not be sent to the AAO because the petitioner did not submit sufficient reason or any evidence to …” (USCIS, 2013b).

No matter what the reason is, the outcome feels the same: stress, uncertainty, and the heavy question, “Is my career in the U.S. coming to an end?” Yet this moment is not the final chapter; it is only the first stage. What comes next depends entirely on your strategy and how you choose to move forward.