In this article, you can learn about:
- The reasons why a business visa may be denied.
- How to remedy a business visa denial and whether you can file an appeal.
- How a business immigration lawyer can improve the business visa application process.
Why Would A Business Visa Be Denied In Texas?
When a company petitions for an employee’s non-immigrant visa, there is always a chance the visa might be denied. Common reasons for denial include:
- Insufficient documentation to support the application
- Lack of clarity on how the specific position and job duties qualify under the chosen visa category
- Failure to demonstrate whether the role is for a professional occupation or for a worker being transferred from an affiliated company abroad
- Not meeting the specific criteria required for the type of visa being sought
In essence, successful approval hinges on thorough documentation and clearly establishing that both the position and the applicant meet the specific requirements for the visa category.
Is There Any Consequence Of A Business Visa Denial On My Business Operations?
Businesses sometimes hesitate to apply for a business visa for an employee, concerned that a denial might impact their standing in the U.S.
Fortunately, a denial has no broader effect on your company’s status or operations. The only immediate consequence is that the individual in question will not be able to work for you in the U.S. In that case, you can fill the role with another qualified professional.
Attorney Andrew Driggs is a seasoned lawyer, who has helped countless clients just like you navigate the intricacies of business immigration law. With over 30 years of experience he is prepared to assist you with all business visa petitions and applications so that you can find employees that add value and success to your enterprise.
Still have questions? Ready to get started? Contact Driggs Immigration Law Firm today to schedule an initial consultation.
Can I Appeal A Business Visa Denial?
While there isn’t a formal “appeal” process, you can file a motion to reopen or a motion to reconsider. Many clients are successful after filing one of these motions, though it can take several months to receive a decision.
Can I File A Waiver After A Business Visa Denial?
A waiver is possible but is typically a lengthy process that can take up to two years, generally used when someone is found inadmissible due to immigration or criminal history. However, if the denial is based on other issues, a motion to reopen or reconsider is usually a more practical and efficient option.
How Can Hiring An Experienced Immigration Lawyer Help You Avoid Business Visa Denial?
No business wants to start a visa petition at a disadvantage, but attempting the process without a skilled immigration attorney can do just that. Working with an experienced immigration lawyer in Harris County provides you with a crucial edge from the outset.
For instance, our firm recently handled an L-1 visa case for an intra company transferee from Vietnam. L-1 visas are subject to intense scrutiny, and it’s common to receive a request for evidence (RFE). In this case, we responded comprehensively to the RFE, providing the additional documentation USCIS required and avoiding a denial from the outset. With persistence and careful attention to detail, the petition was ultimately approved, allowing the transferee to join the U.S. branch successfully.
No matter your specific situation, an experienced attorney helps you avoid common pitfalls in the business visa process, guiding you through complex requirements and reducing the risk of a denial. If your business visa is denied, a skilled attorney is also essential in determining whether you have grounds for a motion to reopen or reconsider, significantly improving your chances for a favorable outcome.
Still Have Questions? Ready To Get Started?
For more information on Business Immigration Visa Denials In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 620-5511 today.
Attorney Andrew Driggs is a seasoned lawyer, who has helped countless clients just like you navigate the intricacies of business immigration law. With over 30 years of experience he is prepared to assist you with all business visa petitions and applications so that you can find employees that add value and success to your enterprise.
Still have questions? Ready to get started? Contact Driggs Immigration Law Firm today to schedule an initial consultation.
