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

In H1B Visa by KumarUpdated : 58 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 ( 58 )

  1. Deb


    My h1b extension got denied on April 16th saying the job doesn’t require bachelors degree in Computer Science. Rfe only asked me to provide client letter manager letter and passport ( since I renewed my passport after I filed my extension).
    I am waiting for for international flights to resume so that I can go back as soon as possible. I have also registered for repatriation flight but no update yet.

    1. Once I go back how long I have to wait for applying H1B again?
    2. I have just spent 1.5 yrs of my H1B, so I will be cap exempt right?
    3. Can I reapply H1B for same client for same position? Our internal immigration team says yes. What are the chances of it getting approved?
    4. Is there any new rule for H1B cap exempt now?


    1. administrator

      1. No need to wait. You are cap exempt, you can apply now also as consular processing.
      2. Yes.
      3. You can. Try to fix the issues that came this time.
      4. nothing new.

  2. Honda Accord

    My h1b visa extension got denied in January 2018 and also i94 expired.
    I have returned to India .
    My employer(A consulting Company) told me my H1B Visa Petition has been denied.
    When i asked my employer to send me a copy of the denial letter he refused.

    A) How can i get a copy of H1B Visa Petition Denial Letter by USCIS – Employer Employee Relationship ?? Please list the steps

  3. Kashif

    Hello Kumar,

    My employer filed my H1 in management Quota in 2016 for Business Analyst title. It got expired on September 9, 2019 with I-94 expired the same date. Extension was filed on August 29, 2019 and got RFE on Feb 28, 2020 for Specialty Occupation and Availability of Work.
    I’m currently working as IT Data Analyst and Attorney is uncomfortable to use client letter mentioning my title as Data Analyst. Now, if the respond to the RFE and if it gets denied, with my I-94 expired but having valid GC EAD, can I file for change of status to F1?

    1. administrator

      I am not sure, what do you mean by management quota.
      Technically No, as you are not in status at the moment. You are in period of authorised stay. You could have done that before the I-94 expiration.

  4. Sid

    Hi Kumar,
    I will check with the Immigration Attorney on the options available to me. However, since I have an approved I797 till end of April, 2021 and approved I-94 till 10-May-2021 with the same Employer for whom my latest Client change/ location petition got denied am I now “out of status” on H1B and in “Loss of Work Authorization” where in my Employer can put me on “Loss of Pay” in the US?

    1. administrator

      They cannot put you on Loss of pay, that is violation of status. You need to be in proper status, it is your employer’s burden to pay you, even if you are on bench…In any chase, discuss with attorney….it seems that amendment was denied, does not invalidate the previous approval, as long as you continue to maintain status and maintain the same.

  5. Sid

    Thanks, Kumar ! I will do that.
    I am aware the latest assignment overrides the I-94 validity that was given by a previous approved assignment. So, my I-94 validity is now reduced from Aug-2021 to May-2021 as per the earlier approved assignment.
    What I am not sure about is:
    The most recent approved assignment is approved till 30-April-2021 for a location X. Prior to the latest approved assignment, I had approved I-797 till July-end 2021 for location Y. If my LCA for location Y is still valid, do I now have the option to either go back in Location Y as well as Location X, or I can only work in Location X as per my most recent approved I-797?

    1. administrator

      You need to check with your attorney on this, if they can re-use the old LCA. Usually, the rule of thumb is that your recent approval is what matters and the LCA tied to it gives you the correct picture…But, some of the old LCA and approvals with them are slightly grey and only attorney can confirm based on your case. So, check with them.

  6. Sid

    Hi Kumar,
    I had approved I-797 till end of July, 2021 (I-94 till 08-Aug-2021) for Client A, Location B. In May, 2019 my Employer filed for new I-129 for Client B, Location C. After an RFE, the petition got approved with I-797 validity till end of April, 2021 (I-94 till 10 May, 2021). Immediately after replying for the above RFE, my Employer applied for a new I-129 for me for Client C, Location D, which got rejected after RFE this week. The Employer is same in all the above cases. Could you please let me know what are my options now?
    1. Can I now go back to work in Location C, if an opportunity is there ?
    2. Is it possible for me to go back and work in Location B, as I have approved I-797 till July, 2021 there. Will the new petition for Location B override the I-797 validity for the earlier approved I-797 in Location B , or is the override applicable only for I-94 validity?

    1. administrator

      If it was amendment, only the amendment would be denied technically….then your previous ones will be valid as they have same working conditions and your location, job duties did not change. You should work with your attorney and make sure LCA and all are valid. Talk to your attorney.

  7. Kiran Onapakala

    Hi Kumar,

    Appreciate your time to resolve everyone’s queries. I had H1B Visa (from Dec 2015 to Dec 2016) and when my employer applied for Visa extension it got denied after RFE documents submitted. I returned to India immediately before even receive the Visa extension. I utilized only 1 year of my 6 years CAP.

    1. Do i comes under H1B cap exempt now? or Do i need to go through the lottery system again if my present employer wants meet to travel USA for work?.
    2. Can my present employer can file H1B extension now with proper documentation by paying necessary fee?.

    Please help..

  8. Ray


    My H1 extension was denied back in Sept 2018, and I moved to Canada. Since i still had not ‘maxed-out’ and have about 1.5 years on my H1, my Employer filed a cap-exempt H1 and that got denied very recently. What are the options left for me?
    1. Can my employer file another cap-exempt H1?
    2. Can i switch my employer and can they possibly file a transfer?
    3. Are there any limitations on the number of times petitions can be filed after denial?

  9. Hemanshu

    Hi, I got denial for H1b after responding RFE on specialty occupation and employee-employer relationship. Is there any chance left now to take it forward.

  10. Aravind Sankar

    Hi Sir,

    My RFE (fresh application) got denied with the reason Specialty occupation.

    1) Can i file new application again for same client , same job role and from same emplyoer ?

    2) after denial , how soon i can file an application, can i apply immediate next year, for ex i got denial in Jan 2020, can i apply for 2020-2021 ?

    3) what are my options now to get started with next steps instead of appeal ?

    1. administrator

      1. for general h1Bs, yes, you may…check with your attorney on how to fix the issues in new application.
      2. You can file anytime. But, if it is fresh application and never been to US, you may not be as you are not cap exempt. You need to try to fight the first application and re-open. Talk to attorney.
      3. Talk to attorney, they can to Motion to reopen.

      1. Aravind Sankar

        Thank you for the quick reply.

        1) for your second answer, i have not been to US and last year the first time application initiated and i got denial saying as “Specialty Occupation”
        So how i can i consider my application , whether it is a fresh application or An already rejected application and applying the second time for the same role and same client

        2) Is reopening and refiling both same ?

        3) usually how long it takes for reopening the case and can that be checked in premium mode ?

        overall point is , If the reopen takes more time or our company reject to reopen, can i request to start a new application (after my first denial , by rectifying the last time mistakes) with same client and same role.
        Thanks you.

        1. administrator

          You will not be cap exempt as you got denial.
          No, both are different.
          It can take anywhere from few months to maybe year…this only depends on the case and your attorney’s confidence on the case…the odds of success are very low 3 to 15%.
          You can always file a new petition, only thing is you need to go through the lottery.

  11. Vijay


    Today I received RFE on specialty portion for my H1B case. I have completed my BE degree in computer science and applied Technology Lead Role (.Net). What are all the possibilities to get it approved?

    Any chances for denial?

    1. administrator

      It is very hard to say just based on this, everything depends on the case, your proofs, your role that was tied to h1B, etc. Your attorney would be the best person to know this.

        1. administrator

          You may, but it just delays the whole thing and the chances of appeals are 3 to 15% at max..discuss with attorney…

  12. Manthan

    My case: (Apology if it is too detailed)
    – Bachelor in Mechanical engineering (2009-2013) in India
    – Work (July 2013 to December 2014) in India
    – January 2015 came to US for master’s
    – Master’s in Mechanical engineering (Jan 2015 to Aug 2016)
    – Joined consultancy in September 2016
    – Started working in December 2016 (UI developer)
    – H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw)
    – H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019.
    – February 2019, went to india, got stamped no issues
    – March 15, 2019 applied for H1b transfer, and started working for the new employer (consultancy)
    – July 1st, 2019 (around this date) converted application to premium
    – Got rfe next day, (rfe date was April 30, 2019 but they didn’t send for some reason)
    – RFE had intend to deny and asked for Client letter, Previous work details and speciality occupation
    – July 30, 2019, previous employer revoked h1b
    – August 22, 2019 RFE submitted
    – September 4, 2019 transfer denied, for speciality occupation (got the receipt today).

    1. Can you please suggest me what are my options now?
    2. Employer told that consular application is the only option now, (MTR also but it takes forever), is that true?
    3. How many days do I have to apply for any H1 application? Is there any time restriction?
    4. My actual h1b was revoked and was going to expire 17 August, 2019 so doesn’t that mean I don’t have an H1? How can an employer apply for any type of H1 for me? How does that work?

    Any response is greatly appreciated.


    1. administrator

      1. your options are to leave country, find an employer and file for transfer.
      2. yes, thats correct. Yes, MTR is just waste of time…
      3. Nothing as such.
      4. employer cannot revoke h1B, they can only withdraw…it does not matter. what matters for you now is your current status of denial and you need to leave. You are still counted towards cap and anyone can file cap exempt petition…the only exception is USCIS revoked your petition for fraud or giving wrong info.

      1. Priya

        My h1 denied on April 13th,
        Today the date is April 17th still didn’t get the notice from USCIS… I’m wondering how long does it take to get the documents from USCIS..
        I kept all the letters client letter , vendour letter , employee letter etc… and having real-time 13 years of working experience in USA though h1 rejected…
        my i94 form is expired on feb 19… once i94 expired we are on out of status… what are the options we have during this lockdown period.. we don’t even have India flights working… I have a family with 2 kids… where we can go now what are the options that we have now… css as n s was by one suggest us it would be very appreciated no

        1. administrator

          These kind of things can happen….hard to know. What you can do is apply for COS to B2 now under special situations as you cannot leave the country.
          It is difficult situation, only thing you can do is file for B2 COS for all your family and try to leave as soon as you can exit the country. Discuss with your attorney as well and plan out everything.

  13. Archana


    I am correcting my previous query…can i have other sponsor re open the same petition (Here i mean , using the same Receipt number)

  14. Archana


    I applied for H1B in 2017. I got the receipt, then my petition went into RFE, then got denied. The reason mentioned was ‘Specialty Occupation’. Now (in 2019), can i reapply with other sponsor with a new client letter? Thank you for your time.




    My H1B got denied yesterday. An RFE was received to prove that this is a specialty occupation to which we responded. The response was probably not enough. I will receive the reason for the denial sometime next week. If my company is not e-verified, could that be the reason for denial? Is my best option to reconsider/ reopen the case?
    How much does it cost to appeal to the denial?
    Much appreciated.

    1. administrator

      Well, this is a very tough situation. The cost varies by attorney…You may file appeal, but it takes forver and you do not get any status or grace period for the same….So, it is better to file transfer than appeal…if you have a choice…

  16. Rishi

    My h1b extension was denied by USCIS on 5/30/2019.

    Can it be reapplied as cap exempt after few months for the rest of the 6 years?


      1. Puneet Kapoor

        IS the Denial notice needed to re apply for cap exempt H!B from outside US with approved I 140?
        I do not have denial notice from my previous employer and new employer wishes to file h1b cap exempt with approved i 140 from previous employer.

          1. Hema

            My employer filed H1B and amendment by March 2018 and second amendment filed for location change by May 2018. Had valid H1 till July 4th 2019. Got RFE for both cases by April 2019 and responded by July 4th 2019. Moved first extension case to premium and got denial by oct 28th 2019. My second location change amendment is still in process in uscis. Since my I9 is expired by July 4th 2019 do I need to leave country or continue working till second case is responded.

          2. administrator

            I am not sure, how they were filed in terms of timing, it can be really tricky…you should check with your attorney and then make a decision.

  17. Factcheck

    Our visa was denied on 5th March but we didn’t get the documents. Employer/Attorney called USCIS on last Friday(15th March) to confirm ( as it was PP), they said that they will send documents again. We get information of visa denial on 15th march and my husband left the office with in couple of hours(after doing all formalities).

    Now my question is,
    1. Our 10 days grace period starts from the day when we receive mail of denial papers or when they have denied the visa. We are trying to pack up as soon as possible but it’s too hard to leave before next weekend.

    What should we do in that case? Have to pack up a lot of stuff etc.

    2. If we file H1b again through ‘New Employer and for altogether new project’, Do we need visa denial copy ? Do we need to leave USA before applying for new h1b ( with same cap)?

    3. What if employer refuse to share visa denial copy ?

    Please help.

    Anybody ever faced the similar scenario ?

  18. Raja

    Hi Kumar,

    One year back my 2nd H1B extension is denied due to lack of complex roles and responsibilities on Job Position. so, I returned back to india with 15 days after receiving the denial notice and working for the same client on different project with new roles and responsibilities. Now my employer is planning to file my H1B extension under cap exempt with different position and roles and responsibilities to utilize my pending 4 years period of H1B for same client and employer.

    1. What are challenges I can get from USCIS on my new roles and responsibilities with same employer and client?
    2. Did I face any issue if I apply the extension for same client on different roles ?
    2. If my H1B is approved, Did I face any issue in consultant interview for stamping?
    3.Both my employer and employer are good reputed companies.

    Any valuable feedback is apricated.


    1. administrator

      1. It is hard to give a generic answer. Everything depends on the job role. Your attorneys know how to work with it.
      2. No, should not…as long as the role is different
      3. Then you have good chances, should be less hassle for you.

      Dont worry too much, it will be good as long as the job role is qualified to be highly skilled. If you have good attorney, they would know these things and take care of the same.

  19. 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.

  20. 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

      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?


        1. administrator

          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

          1. Nandhini

            My h1b visa extension got denied and also i94 expired. Am returned to India but my employer not ready to apply extension. In usa any employer can apply my h1b extension again ( have approved i140). Since I don’t know which consultancy can do it.. can you help to refer some.

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