4 Work Visa Mistakes Than Can Lead To A Denial

7 March 2019
 Categories: Law, Blog

If you are not a citizen of the United States and you desire to work within the country, you must obtain a work visa. There is no way around it. Even more importantly, the government is very specific when it comes to what is required and very strict about close adherence to these guidelines. If you make a mistake during the application process, even a small one, your request for a visa could be denied.

1. Worker Classification

Make sure you verify your work classification with the company you plan to work with. For your application to be approved, you need to be a bonafide employee of the company. Submitting a request and notating your classification as an independent contractor will often lead to a denial. If the company does not have you listed with this status, you might need to reevaluate the employment plan, as a status issue will be a roadblock.

2. Contact Information

It's essential the contact information for the company be accurate. Even if you have the name of the company you plan to work for correct, but the address of the location where you will work is incorrect, the application can be denied. The USCIS requires that all information for non-citizens be accurate. 

3. Business Status

Ensure the company you plan to work for is in good status, particularly when it comes to permitting. For example, say you listed a medical company on your application, but the company does not have the proper licensing to operate within this capacity. In this instance, your application is likely to be denied because the company is, in essence, not a valid operation. Make sure you double-check the status of the company. 

4. Unqualified Role

People are not simply permitted to work in the United States without citizenship simply because they want to. One guideline of the work visa program is that the individual must be coming to the country to fill a specialized role in which their specific skillset is necessary. Make sure you apply for and accept positions that meet your skill level. If you do not and apply for a job that you are unqualified for, the visa application will likely be denied. 

The visa application process can be tedious, especially if you have not been in the country for a long time or have other cultural barriers. An attorney can help with the process. Contact an immigration attorney who offers work visa services and who can help you avoid these mistakes and obtain your work visa.