When it comes to applying for a work visa in the United States, there are many obligations to fulfill and plenty of work permit visa rules of which to be aware. The process is sometimes slow and frustrating, and always rather complex: as with most immigration processes, work visas require a great deal of documentation in order to move forward.
How a Work Visa Works... or Doesn't
In order to be granted a work visa, the applicant not only has to supply various pieces of paperwork, but the person or company interested in employing the applicant in the United States must also put in a petition for the visa. Work visas are what is referred to as “employee sponsored,” meaning the worker cannot simply apply for the visa without a possible employer’s assistance.
With all the factors that go into a work visa, it’s little wonder that applications are sometimes denied. For some people this can be a huge frustration, as it can interfere with life plans, career opportunities, and financial stability. However, you shouldn't panic if you are denied a work visa, as you may be able to take steps to correct the denial
Information is Key
If you are denied a work visa, you will always receive an explanation of why the denial occurred.
- Quite often, the problem is a lack of documentation, meaning the immigration officials are not satisfied that your situation has been fully explained.
- They may want to see more detailed explanations of your responsibilities from your employer, or they may have questions about something that appeared in your background check.
- In most cases, the immigration officials will approach you and give you and your employer a chance to provide the missing information before they flat-out deny your application.
Of course, there are several other reasons why a work visa might be denied, ranging from things that are directly caused by you (such as criminal history, failure to prepare proper living conditions in advance, or applying too close to the deadline)… to reasons that are entirely out of your control (your home country has poor relations with the US, your employer is unwilling or unable to complete his part of the petition). Whatever the case may be, you will be provided with an explanation of why your visa was denied. Whether it is something that is within your control to repair will depend upon what the nature of the problem might be.
Respond Quickly and Properly
If your work visa is denied, you will have to act fast in order to figure out your next move. Whether you intend to appeal the decision or re-apply once you have repaired the problems that caused the denial, you need to ensure that your time in the US is still legally covered; the denial of your visa could change your future travel plans significantly. Whatever you do, don’t jeopardize your future success by handling the denial improperly. Leave the US if you must do so, and follow the regulations for re-application as well as you can.
Getting Help
When your work visa is denied, you should get yourself an immigration attorney as soon as possible. The process of applying for a visa is complex, but if you have a legitimate reason to believe your denial shouldn’t have happened, your attorney can help you to approach the situation and repair the problems at hand.
