At Shapiro Law Group, clients often come to us after a visa petition has been denied. In order to prevent a visa denial, it is helpful to be aware of some of the pitfalls and reasons for potential denial of a visa petition. While there are a number of reasons why a visa petition may be denied, the following are some of the more common reasons:
Failure to meet visa requirements. Often times, a visa petition is denied because the applicant does not meet the visa requirements. For instance, a work visa may be denied or refused because the petitioner, or employer sponsoring the foreign national, does not appear to be a legitimate U.S. company with the capacity to hire and pay the worker. In order prove that the employer is a real and established business, it must provide adequate documentation, including a tax identification number, tax returns, or financial statements.
Failure to show the necessary sponsor relationship. In the case of a work visa, the petitioner must prove that a valid employer/employee relationship exists between the employer and foreign worker. A petition may be denied if the petitioner fails to provide adequate documentation of this relationship via a contract agreement, purchase order, or other clear statement of employment. In the case of a marriage-based visa, the petitioner must prove that a valid marital relationship exists during the interview process.
The foreign national is inadmissible into the U.S. There are certain factors that prevent a foreign national from obtaining a visa even if all other requirements are met, such as known drug traffickers, terrorists, and people with certain infectious diseases.