What Are The Most Common Reasons For L-1 Visa Rejection And How To Deal With Them?

What are the Most Common Reasons for L-1 Visa Rejection and How to Deal with Them?

The instances of rejection of L1 visa applications have increased over the past few years. Analysts cite many reasons for this steady increase in the rejections rates, right from political to professional. So, let us check out the most common reasons for rejection of an L1 visa application.

Not able to prove your specialized knowledge There is a recent spike in the rejection rate of L1 visas because employers or companies are failing to substantiate that the L1 visa applicant possesses specialized knowledge and skills that are indispensable to the US-based company.

Unless the L1 visa applicant and the petitioning company convincingly prove that the L1 visa applicant possesses specialized knowledge which no other US employees of the company possess, the US Citizenship and Immigration Services (USCIS) will reject the L1 visa for USA from India request.

Therefore, it is always a better proposition to spend ample time in training the employees to impart them with specialized knowledge that would make their case stronger and lead to a successful visa application for the L1 visa.

Lack of evidence The US administration had published a memorandum in March 2015. This memorandum clarifies the list of evidence that the adjudicators or officials should look for while handling the L1 visa petitions. Following this notification or the memorandum, the government also started to publish the rate of L1

rejections to streamline and unclutter the L1 visa application process.

One critical aspect of this memorandum, as per an L1 visa lawyer, is that the adjudicator needs the “preponderance” of evidence to prove that the L1 visa applicant employee meets the required eligibility standards. Now, what does this “preponderance of evidence imply as per the memorandum?

The US administration defines preponderance as the evidence showing that the L1 visa applicant’s claim of possessing specialized knowledge is true to their understanding. What this means is that you don’t need to clear every doubt in the adjudicator’s mind. All you need to do is convince them that the evidence you presented is substantial and concrete and successfully supports your application for an L1 visa for USA from India.

Political effects or uncertainties Usually, USCIS officials are required to decide on the fate of the L1 visa applications by solely focusing on its merits. However, some critique L1 visa lawyers cite the politics are slowly creeping into the approval process for the L1 visa applications.

This reasoning can be identified by the trend in rejection rates of L1 visa applications. As per sources, the rate of rejections for L1 visa petitions was 6% in 2006. By 2015, it went up to 35%. Immigration attorneys point out that the increase was a result of the 2008 global recession, which hit the US economy hard. This downturn led to an increase in what immigration attorneys mention as the “Protectionist” culture at the USCIS. This culture resulted in the lower approval rates of L1 visa applications, as adjudicators were worried that the influx of specialized foreign workforce would eat up American jobs.

Furthermore, the politicians are the biggest critics of these visa programs that are designed especially to bring in more over-skilled alien workers into the US. Politicians claim that US companies use such visa programs as an excuse to fill their empty job positions with a cheap workforce from outside America.

How to deal with an L1 visa rejection Now, in the current political climate and as per the current rate of L1 visa

rejections, you should stay prepared for any eventuality, as the chances of your L1 visa application not getting through are quite high.

However, this rejection does not limit your visa options at all. You could appeal to the Administrative Appeals Office (AAO) about the status of your L1 visa application. But remember — AAO generally takes months to reply or respond to the appeals. So, it is a time-taking process.

The other option for you is to move court. You can appeal the USCIS decision on your visa application in the federal district court. This may sound like a drastic option. However, appealing in a court of law would be the best option considering the circumstances. Under the Administrative Procedure Act (APA), a visa applicant has the right to appeal against an administrative decision in the court of law.

Secondly, you may get a chance for a fair hearing from the judge and an opportunity to present all the facts that strengthen your case to the judge. A fair hearing may mean that there may be a chance that your visa request may be granted, as federal courts aren’t usually too keen on visa matters, and may offer an unbiased judgment in your favor.

Finally, the most suitable way to deal with an L1 visa rejection is to apply for a different visa category. You may not qualify for the L1 visa, but you may eminently qualify for different visa types, such as an American business visa.

Speak to your visa attorney on the different visa types that would allow you to immigrate and work in the US. If you want more details about the American business visa, then you must visit US Immigration Advisor Today.

Namre

Davis & Associates

Website

https://www.usimmigrationadvisor.com/