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How is the rejection rate for approved h1b visa in indian consulate for a very startup company?

Pasadena, CA |

Am I being the first IT employee will there be any rejection if so what would be your suggestion to bypass that situation?

Attorney Answers 3

Posted

The requirements for an H1B visa are pretty complex, but in general it requires your employer to certify (1) that there is some form of specialized work for which you are being hired and (2) that they have made a reasonable effort to obtain American workers to perform the job and have been unable to do so.

I am not sure what you mean by the "rejection rate," but I guess you are asking how often ICE rejects an H1B visa application. ICE and/or the Department of Labor probably publishes those kinds of statistics, but I don't think they is going to help you ascertain your probability of success. The analysis of your application will be very fact-specific, based on the company you work for, the type of work you are being asked to perform, and whether unemployed American workers are available to do it themselves.

I will say, as a general proposition, that it is harder in this rough economy for an employer to justify reaching out to immigrants to fill these jobs, as it is exceedingly likely that there are qualified Americans without work and able to fill those posts. I would assume ICE has increased their scrutiny of H1B visa applications accordingly, but the only way to know for sure whether your application will be granted is to give it a try.

Keep in mind, also, that H1B is only one mechanism for lawful entry into this country, and it is one of the least stable (if you receive it and are later terminated, for example, it gets revoked). You may want to consult with an immigration lawyer about other avenues for moving to the United States, in case the H1B visa path falls through or as a backup in case you need to utilize them later.

Good luck to you.

The information provided in this Answer is offered for educational purposes only and should not be construed as legal advice or counseling. You should not rely on the information herein in assessing your legal rights, determining to take legal action, in any formal papers filed in a legal or administrative forum, or in any way whatsoever. Moreover, this Answer does not create an attorney-client relationship - only the formal, written agreement required by the State Bar of California can do that. You should always have a full consultation with a lawyer if you are contemplating any sort of legal action.

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4 comments

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

There is a distinction between an H-1B petition and an application for labor certification, which (in most cases) is the first step of the employment-based green card process. H-1B, being a temporary status, does not require proof of taking reasonable efforts to hire qualified local workers. The labor certification process, on the other hand, requires extensive efforts to prove that no qualified local workers were available and willing to take the position when it was announced to the public through methods acceptable to the U.S. Department of Labor.

Dustin Linley Collier

Dustin Linley Collier

Posted

What about the regulations beginning at 20 C.F.R. 655.0 et seq. ("Temporary Employment of Foreign Workers in the United States")? See in particular 20 C.F.R. 655.736, which requires an "H1B dependent" employer to attest, in the LCA, to efforts to hire local labor (amongst other things, like prevailing wage). Immigration is not my primary concentration, but I have dealt with an H1B dependent employer before where this was at issue. Are you saying that ICE and/or the DOL do not actually do anything to check if the attestation is accurate? Thanks,

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

I should have qualified my comment Certainly, H-1B dependent employers and willful violator must attest to taking good faith steps to recruit local workers. and seeing to it that workers are not displaced within 90 days prior to after filing the H-1B. The entity making the attestation is, of course, held responsible to the veracity of the items being attested to - focus given in the course of a DOL investigation or possibly during an FDNS site visit.

Dustin Linley Collier

Dustin Linley Collier

Posted

Thank you for clarifying, Ms. Madrid-Crost. Your explanation makes sense.

Posted

A rejection occurs when obvious defects exists such as a signature missing or the filing fees missing.

A denial, on the other hand, depends on the facts of the case.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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2 lawyers agree

Posted

I agree with my colleague. Please hire an attorney and have him/her review your case.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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