Common Reasons for Visa Denial


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.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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