H1B Denial Letter(Real) by USCIS – Speciality Occupation, Employer Employee Relationship

In Immigration| Visas by Kumar8 Comments

Some of the H1B petitions are denied by USCIS, it could be for a variety of reasons. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same.  One of our readers, keeping name anonymous, has been kind enough to share, despite his unfortunate situation for the benefit of everyone, so that you can be prepared. Thanks a lot to him for sharing his H1B denial letter.

H1B Visa Petition Denial Letter by USCIS – Employer Employee Relationship (Pages 1-3)

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 1

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 2

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 3

H1B Visa Denial Notice by USCIS - Sample - Employer Employee Relationship - Page 3

H1B Visa Petition Denial Letter by USCIS – Services in a Speciality Occupation  (Pages 4-6)

H1B Visa Denial Notice by USCIS - Sample - Services in Speciality Occupation - Page 4

H1B Visa Denial Notice by USCIS - Sample - Services in Speciality Occupation - Page 5

H1B Visa Denial Notice by USCIS - Sample - Services in Speciality Occupation - Page 6

H1B Visa Petition Denial Letter by USCIS – Decision Conclusion  (Pages 7-8)

H1B Visa Denial Notice by USCIS - Sample - Conclusion - Page 7

H1B Visa Denial Notice by USCIS - Sample - Conclusion - Page 8

 

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Comments ( 8 )

  1. TrustInGod

    Hello Sir,
    My spouse’s employer applied the extension application (PP) in early september, he was in a project during that time, but later when he got RFE, by the time they responded to the RFE, his project got over. Finally, he got denial couple of days back and he doesn’t know the reason for the denial yet. He works from home with a well established company. My question is:
    1) Could WFH impacted the denial decision?
    2) He was in bench when the employer sent the RFE response and could that be the reason which fueled the denial?

    Plz guide.
    Thanks

  2. Sam

    Hi Kumar,

    In this scenario, What made USCIS to directly to deny the petition instead of raising a 2nd RFE?? I saw they failed to provide SOW’s and PO’s but instead they provided contract agreements isn’t that enough?

    1. administrator
      Kumar

      Sam,
      We do not know the full details of the case, but it is very less cases they give 2nd RFE…As per the rules, it is up to the employer to ensure that these documents are submitted to ensure right of control, etc. But, seems they missed that…again, we do not know everything of the case, take it as a guidance on what can go wrong…

      1. Sam

        Hi Kumar,

        Recently my H1b petition got denied. On the end client letter, Client didn’t mentioned the project duration this was the reason for my denial which USCIS stated on their denial notice. We’ve submitted contractual agreements SOW, PO and Work Order too. This is the only specific reason they pointed for denying my petition. Have you seen any such cases? what are my chances if go with MTR+Appeal on this with updated client letter with project duration?

        Thanks,
        Sam

        1. administrator
          Kumar

          Sam,
          Sorry to hear…MTR+ appeal is a very long and time consuming process and the odds of approvals are very low…hard to say the outcome. Discuss with your employer or attorney other alternatives

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