Immigration Lawyer Peter Messersmith

I-751 Denial: What It Means and What to Do Next

September 15, 2025 by Immigration Lawyer Peter Messersmith

If you’ve received a denial notice for Form I-751, the Petition to Remove Conditions on Residence, you’re likely feeling overwhelmed and uncertain about your next steps. Unfortunately, an I-751 denial can lead to removal proceedings but in many cases, it can also be successfully challenged or reopened with the right legal strategy. If you’re asking:

“Why was my I-751 denied?”,
“Why my I-751 denied after RFE?”
“How to file I-751 after divorce”
“What happens if I-751 is denied?”
“Can I stay in US after I-751 denial?”
“Can I refile I-751 after denial?”
“How to reopen I-751 case?”
“I-751 denied what are my options?”

You are not alone. In this article, we’ll explain:

Why Form I-751 may be denied
What happens after a denial
Your legal options (appeals, motions, new filings)
How to prevent denial if your case is still pending

Why Was My I-751 Denied?

USCIS may deny your I-751 petition for several reasons. Some of the most common include:

Lack of evidence of a bona fide marriage
Divorce or separation before filing
Missed interview or RFE (Request for Evidence)
Late filing without a valid excuse
Allegations of marriage fraud
Incomplete or incorrect documentation

Even if your marriage was genuine, a weak petition package or failure to respond to a USCIS request can result in a denial.

What Happens If My I-751 Is Denied?

If your I-751 is denied, you could be issued a Notice to Appear (NTA) in immigration court. At this point, you are considered to be in removal proceedings but that doesn’t mean you’ll be deported. You’ll have a chance to defend your case in front of an immigration judge, and in many situations, your green card case can still be salvaged.

The judge may allow:

A new I-751 waiver filing (if divorced or abused)
Review of a wrongly denied joint petition
Submission of additional evidence to support your case

Can I Appeal or Refile After an I-751 Denial?

While there is no formal appeal to the I-751 decision through the Administrative Appeals Office (AAO), you still have several legal options depending on your case:

Motion to Reopen or Reconsider: If you believe USCIS made a legal or factual error.
Re-filing with better evidence: Especially in waiver-based or divorce situations.
Defending your case in Immigration Court: You may still be able to get permanent residency through the court process.

This is the time to speak with us to identify the strongest path forward. USCIS scrutinizes I-751 filings closely so the quality of your documentation is crucial.

How to prevent denial if your case is still pending

If your I-751 petition is still pending, you can take important steps to lower the risk of denial:

Get professional legal support: We can spot weaknesses, build persuasive arguments, and present your case in the best possible light.
Address complications early: If you are divorced, separated, or have gaps in your evidence, take proactive steps now to strengthen your case before USCIS raises concerns.
Be fully prepared for your interview: Understand what officers look for, organize your documents carefully, and make sure your answers are consistent and truthful.

Turn a I-751 Denial Into a Green Card Approval With Our Help

If your I-751 petition has been denied, don’t assume your case is over. We’ve helped many clients reverse denials, refile stronger petitions, appeal the decision and win their case. Whether you filed jointly or as a waiver, we know how to build a compelling argument backed by evidence and legal insight.

Contact our office at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your denial, explain your options, and help you take the right next step to protect your green card and future in the U.S.

H1B Visa Refused Under 221(g)? What It Means and What You Can Do Next

September 13, 2025 by Immigration Lawyer Peter Messersmith

If your H1B visa was refused under section 221(g), you’re not alone. Thousands of applicants each year find themselves stuck in administrative processing, confused about what went wrong and wondering if they’ll ever get approval. Our firm has successfully helped many individuals overcome 221(g) refusals and secure their visas, even in complex or delayed cases. In this article, we’ll break down what a 221(g) H1B refusal actually means, how long it can take, and most importantly how to get your visa back on track.

What is 221(g) in H1B Visa Processing?

A 221(g) refusal isn’t a denial in the traditional sense. Instead, it means that the consular officer was unable to make a final decision on your visa application. It usually results in a request for more documents, background checks, or a more in depth security clearance. Sometimes, it’s triggered by concerns about the employer, job duties, or whether the position qualifies as a specialty occupation under H1B rules.

Many applicants ask:

“H1B visa refused under 221(g)—can I reapply?”
“How long does 221(g) processing take?”
“What documents should I submit to clear 221(g)?”

The answer depends on your specific case, but acting quickly and strategically is key.

Common Reasons for H1B 221(g) Refusal

The most frequent causes of 221(g) H1B visa delays or denials include:

Missing or inconsistent employer documents
Unclear job duties that don’t clearly meet “specialty occupation” standards
Administrative security checks
Doubt about the bona fides of the petitioner (employer)
Prior visa violations or incomplete immigration history

If your visa was denied at a US consulate (especially in India), this is often where 221(g) issues arise. Officers may issue a color coded slip (often pink or blue) indicating the type of additional processing or documentation required.

What Can You Do After an H1B Visa Refusal Under 221(g)?

If you’ve received a 221(g) notice, don’t panic. This is not the end of the road. Here’s what you should do:

Review the notice carefully. It will usually indicate whether documents are required or if your case is in administrative processing.
Call us at 305 515 0613. A legal review can identify weak points in your petition and help submit a stronger response.
Submit requested documents quickly. The quicker we submit the requested documents the higher the chance. Delays in response can make things worse.

Many ask: “Can I switch to another visa if my H1B is denied?” The answer is: it depends. Options like O-1, L-1, or cap-exempt H1Bs may be possible, but require legal strategy.

Secure Your H1B Visa and Contact Us Before It’s Too Late

At our law firm, we’ve helped countless professionals resolve their H1B visa 221(g) delays whether by assembling better documentation, addressing USCIS concerns about employer and employee relationships, or clearing up specialty occupation issues. We’ve also guided clients through consulate re-interviews and refiling options after denials.

If your H1B was denied or delayed under 221(g) and you’re unsure what to do next, don’t wait. The longer you go without a strategy, the harder it becomes to recover. Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate help. We’re ready to guide you through the process and protect your future in the US.

Beware EB-5 Scams: Know the Risks, Protect Your Investment, Secure Your Green Card

September 11, 2025 by Immigration Lawyer Peter Messersmith

The EB-5 Immigrant Investor Program offers one of the most direct paths to a US green card for foreign investors and their families. By investing in a qualifying US business or regional center, you can secure permanent residency while supporting the US economy. Unfortunately, because of the high investment amounts involved, the EB-5 program has also attracted scammers and fraudulent projects.

If you’re considering EB-5, it’s essential to understand the risks, recognize the red flags, and work with trusted advisors to ensure your investment is both safe and compliant.

Common EB-5 Scams and Red Flags

EB-5 scams come in different forms, but most share a few warning signs. Watch out for:

Guaranteed returns – EB-5 investments must be at risk. If someone promises “zero risk” or “guaranteed profits,” it’s a red flag.
Unregistered promoters – Always verify that the regional center or project is registered with USCIS and compliant with securities laws.
Fake or inflated job creation numbers – Job creation is at the heart of EB-5 eligibility. Fraudulent projects often exaggerate their employment impact.
Pressure to invest quickly – Scammers often create false urgency to push investors into transferring funds without due diligence.
Lack of transparency – If you cannot access business plans, financials, or clear project details, proceed with extreme caution.

Five EB-5 Programs Reported to be Fraudulent

1. Jay Peak Resort Fraud (Vermont)

One of the most infamous alleged EB-5 fraud cases. According to the SEC, developers of the Jay Peak Resort in Vermont raised over $350 million from EB-5 investors but misused much of the money in a Ponzi-like scheme. Instead of funding promised ski resort expansions, funds were diverted to cover other expenses and personal gain. Hundreds of investors were left without green cards or financial returns. SEC Charges Vermont-Based Ski Resort and Principals With Misusing EB-5 Investor Funds

2. Chicago Convention Center Scam

In 2013, a developer in Chicago raised more than $145 million from EB-5 investors for a hotel and convention center near O’Hare Airport. According to the SEC, the project turned out to be a sham, and the SEC charged the promoter with fraud. Investors were misled with false claims that the project had government support and USCIS approval. SEC Halts $145 Million Investment Scheme to Build Chicago Convention Center

3. California “Cancer Center” Fraud

According to the SEC, promoters collected over $27 million from Chinese investors for a supposed state-of-the-art cancer treatment center in California. The project never broke ground, and the money was misappropriated. The case highlighted how false promises of medical technology projects were used to lure EB-5 investors. SEC: California-based EB-5 Regional Center Fraud

4. Florida Palm House Hotel Scheme

In Palm Beach, Florida, developers solicited $44 million in EB-5 funds to renovate the Palm House Hotel. According to the SEC, instead of using the money for construction, the funds were allegedly spent on luxury cars, yachts, and personal expenses. The project never materialized, and investors were defrauded. SEC Charges Palm House Hotel Developer With EB-5 Fraud

5. Seattle EB-5 Fraud Case

According to the SEC, a husband-and-wife team raised more than $14 million from Chinese investors under the EB-5 program for supposed real estate developments in Seattle. Investigators later found that the projects were fake and the funds had been transferred to personal accounts overseas. Seattle Woman Sentenced in EB-5 Investment Fraud Scheme

These real world cases show how EB-5 scams can devastate investors, leading to lost money, lost green card opportunities, and years of wasted time.

Consequences of EB-5 Fraud for Investors

Falling victim to an EB-5 scam can mean more than financial loss. The immigration consequences are severe:

Visa denial – USCIS may deny your petition if the project fails to meet EB-5 requirements.
Loss of lawful status – Families relying on the EB-5 visa could find themselves without a path to permanent residency.
Permanent setbacks – Investors may lose years of waiting time and risk becoming inadmissible in future applications.

This is why due diligence and legal guidance are critical at every stage of the EB-5 process.

How to Protect Yourself From EB-5 Scams

The best way to protect yourself from EB-5 scams is to approach every investment with caution and the right professional guidance. We can conduct due diligence, identify red flags, and ensure that your investment qualifies for immigration benefits. At our firm, we can help guide you through legitimate EB-5 projects, avoided fraudulent schemes, and help you secure your US green cards while protecting your financial future.

How We Help EB-5 Investors

Our firm has successfully guided EB-5 investors through the process, ensuring their investments meet USCIS requirements while avoiding fraudulent projects. We:

Conduct due diligence on regional centers and investment offerings.
Help clients document and prove lawful source of funds to USCIS standards.
Provide ongoing guidance through Form I-526E (Immigrant Petition by Standalone Investor or Regional Center Investor) and Form I-829 (to remove conditions).
Advocate for clients in cases of delayed or troubled projects, exploring alternatives to protect their immigration future.

By combining immigration expertise with investor protection, we help ensure that EB-5 applicants can achieve their ultimate goal: a U.S. green card for themselves and their families. The EB-5 program remains a powerful pathway to U.S. residency, but the risk of fraud is real. With the right guidance, you can avoid scams, protect your investment, and secure your green card.

Your Path to Approval Starts with the Right Legal Team

If you’re considering an EB-5 investment, or if you suspect you’ve been misled by a fraudulent project, contact us today at 305-515-0613 or email info@messersmithlaw.com. We’ll review your situation, explain your options, and guide you safely through the EB-5 process.

Visa Delayed Under 221(g) Administrative Processing and Security Advisory Opinion (SAO): What You Need to Know and How We Can Help

September 10, 2025 by Immigration Lawyer Peter Messersmith

When applying for a US visa, few things are more stressful than hearing your case has been refused under Section 221(g) and placed into administrative processing. For many applicants, this means their application is delayed because of a Security Advisory Opinion (SAO), a special background check that can take weeks or even months to complete.

If your case is stuck in 221(g) administrative processing due to an SAO, you may be wondering what it means, how long it will take, and whether there’s anything you can do. The good news is that while delays are common, there are steps you can take to protect your immigration journey.

What Does 221(g) Administrative Processing Mean?

A visa refusal under Section 221(g) is not a final denial. Instead, it means the consular officer cannot issue a visa until additional steps are completed. In many cases, this involves background checks, missing documentation, or a Security Advisory Opinion (SAO).

When a 221(g) is issued:

Your case is marked as “administrative processing.”
You may receive a letter or slip from the consulate explaining what is needed.
Your passport may be returned to you until processing is complete.

What Is a Security Advisory Opinion (SAO)?

An SAO is a mandatory background clearance conducted by the US Department of State and other government agencies. It is triggered when consular officers believe additional vetting is necessary. Common triggers include:

Working in sensitive fields such as science, technology, engineering, math (STEM), or defense-related industries.
Being from certain countries of concern or traveling frequently to those regions.
Having a name similar to someone flagged in US security databases.
Previous immigration violations or concerns about inadmissibility.

During this process, the consulate cannot move forward until the SAO is complete.

How Long Does 221(g) Administrative Processing Take?

There is no fixed timeline for SAO related administrative processing. Some cases are resolved in a few weeks, while others can take several months or longer. Factors that affect timing include:

The number of agencies involved in the background check
The complexity of your work or research field
Your travel and immigration history
Backlogs at the Department of State or consular posts

This uncertainty is why many applicants often seek our legal help to avoid unnecessary delays and make sure their case is properly documented.

What Should You Do If Your Visa Is Delayed Under 221(g) SAO?

If your visa is delayed under 221(g) administrative processing because of a Security Advisory Opinion (SAO), the most important step is to act strategically, not passively. Simply waiting without guidance can lead to months of uncertainty and missed opportunities. We know how SAOs work, what triggers them, and how to address consular concerns effectively. Our firm has successfully helped clients caught in 221(g) SAO delays by identifying red flags, preparing strong supplemental evidence, and, when possible, escalating cases with the proper agencies. With our guidance, you can take control of the process, reduce risks, and give your visa the best chance of approval.

How We Help Clients with 221(g) Administrative Processing and SAO

Our firm has successfully helped clients resolve visa delays caused by 221(g) administrative processing and Security Advisory Opinions. We know how to:

Review your case and identify what triggered the SAO.
Prepare and submit strong supporting documentation.
Work with consular officials to clarify concerns.
Provide strategies to minimize future delays in repeat applications.

We’ve assisted scientists, engineers, business professionals, and students in navigating these complex situations, ensuring that administrative delays don’t derail their U.S. immigration plans.

Turn a 221(g) Administrative Processing with SAO Into an Approval With Our Help

A visa refusal under 221(g) administrative processing with SAO can feel frustrating, but it does not mean your visa is denied. With the right legal guidance, you can better understand the process, avoid unnecessary mistakes, and in some cases, move your case forward more quickly.

If your visa is delayed because of 221(g) or a Security Advisory Opinion, contact our office today at 305-515-0613 or email info@messersmithlaw.com. We’ll evaluate your case, explain your options, and fight to get your application approved.

Visa Revocation: Causes, Consequences, and Solutions

September 10, 2025 by Immigration Lawyer Peter Messersmith

What Is Visa Revocation?

Visa revocation occurs when the US Department of State or US Customs and Border Protection (CBP) cancels a visa that was previously issued. Unlike visa denial (which happens before a visa is granted), revocation happens after approval, often while the visa holder is in the United States or abroad. A revoked visa is no longer valid for travel, and in many cases, it can have serious immigration consequences.

Common Reasons for Visa Revocation

Several circumstances can lead to visa revocation. Understanding them helps visa holders reduce risks and prepare for possible remedies.

Criminal Charges or Arrests
DUI arrests, drug-related offenses, or other criminal activity may trigger automatic visa cancellation under INA §214(b) or INA §212.
Immigration Violations
Overstays, unauthorized employment, or misrepresentation (INA § 212(a)(6)(C)(i)) can result in visa cancellation.
Security and Public Safety Concerns
If the government determines a person poses a risk to US security or public safety, the visa may be revoked under INA §212(f).
Change in Eligibility
If a visa holder no longer meets the qualifications (an H-1B worker loses their job), the visa can be revoked.
Administrative or Clerical Errors
Occasionally, a visa is revoked due to mistakes in issuance, identity confusion, or inaccurate information.

Many people ask us questions like:

What happens if my visa was revoked due to DUI or criminal charges?
Can I appeal a visa revocation?
Can I apply for visa reinstatement or a waiver?
Will visa revocation affect my green card eligibility?

The good news is that while you cannot formally appeal most visa revocations, there are legal strategies to overcome them. We have helped many clients secure new visas, request reconsideration, and obtain waivers after revocation.

What Happens After a Visa Is Revoked?

Notice of Revocation: Typically sent by the US consulate or discovered at a port of entry.
Travel Restrictions: A revoked visa cannot be used for re-entry into the US
Impact on Status: If already inside the US, revocation does not automatically terminate lawful status, but it may affect future immigration benefits.
Future Visa Applications: A revocation often appears in the State Department’s database, requiring strong explanations in future applications.

Can You Appeal a Visa Revocation?

Unlike visa denials, visa revocations typically cannot be appealed through a formal process. However, we have successfully assisted clients in requesting reconsideration, securing new visas, and obtaining waivers. In other words, there are still viable options. What matters most is presenting strong legal arguments and taking proactive steps to minimize long-term immigration risks.

How to Avoid Visa Revocation

Maintain Lawful Status – Always comply with visa conditions.
Avoid Criminal Issues – Even minor offenses like DUIs can trigger cancellation.
Be Honest in Applications – Misrepresentation is one of the most common revocation triggers.
Stay Informed About Policy Changes – Presidential proclamations or new immigration rules can cause mass revocations like travel bans.

Frequently Asked Questions (FAQ)

1. Does visa revocation mean deportation?

Not necessarily. If you are in the US on valid status, revocation does not automatically deport you but it does affect future travel and applications.

2. Can I apply for a new visa after revocation?

Yes. With correct legal strategies, we still successfully helped many applicants successfully obtain new visas.

3. Will visa revocation affect green card eligibility?

It can affect your green card eligibility. If the revocation was due to misrepresentation, fraud, or criminal issues, it can seriously impact permanent residency eligibility.

4. How do I know if my visa was revoked?

You may receive an email or letter from the US embassy/consulate, or discover it when trying to travel.

If Your Visa Was Revoked, We Can Help

Having your visa revoked is not always the end of the road. We’ve helped clients successfully challenge revocations, obtain new visas, and waivers. The key is to act quickly and strategically.

Take Action Now to Protect Your Immigration Future

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.

I-485 Notice of Intent to Deny Employment-Based: What It Means and How to Respond

September 9, 2025 by Immigration Lawyer Peter Messersmith

Applying for a green card through employment is an exciting step toward permanent residency in the United States. But if you’ve received a Notice of Intent to Deny (NOID) on Form I-485, it can feel like your dream is slipping away. The good news is that a NOID is not a final denial. It is your last chance to respond and save your application.

In this guide, we’ll explain what an I-485 NOID means, common reasons it is issued in employment-based cases, and how to prepare a strong response to keep your green card journey on track.

What Is an I-485 Notice of Intent to Deny (NOID)?

A NOID is issued by US Citizenship and Immigration Services (USCIS) when an officer finds serious issues in your adjustment of status application that could result in denial. Instead of rejecting your case immediately, USCIS gives you a limited opportunity to explain or provide new evidence.

For employment-based green card applicants, USCIS may issue a NOID for reasons such as:

Problems with the job offer or the employer’s ability to pay wages
Concerns about your qualifications for the position
Allegations of unauthorized employment or status violations
Suspicions of fraud or misrepresentation in prior applications

Common Reasons for Employment-Based I-485 NOIDs

Employer-Related Issues

USCIS questions the company’s ability to pay the offered wage, often based on tax returns or financial records.
The job description appears inconsistent with the approved labor certification (PERM).

Applicant-Related Issues

Unauthorized employment or status violations during your stay in the US
Discrepancies in your education, qualifications, or work experience.
Criminal history or other grounds of inadmissibility.

Legal Grounds Often Cited

INA 212(a)(6)(C)(i): Willful misrepresentation of a material fact.
INA 245(a)/(c): Ineligibility to adjust status due to unlawful presence or other restrictions.

How Much Time Do You Have to Respond?

Most I-485 NOIDs give applicants 30 days to respond. This deadline is strict and if you miss it, USCIS will almost certainly deny your case. Acting quickly is critical.

How to Respond to an I-485 NOID

Responding to an I-485 Notice of Intent to Deny (NOID) is not something you should face alone. USCIS expects a detailed and point by point response backed by solid evidence and strong legal arguments. A weak or incomplete reply almost always leads to denial. Our firm has helped countless clients overcome NOIDs by crafting persuasive responses that address USCIS concerns directly and protect their path to a green card. If you’ve received a NOID, time is critical. Contact us today at 305 515 0613 so we can build the strongest possible case for you.

What Happens If You Don’t Respond?

If you fail to respond or provide a weak response, your I-485 will be denied. In some cases, if the NOID cites fraud or misrepresentation under INA 212(a)(6)(C)(i), you could face a lifetime bar from immigration benefits.

How We Help Employment Based Applicants

When employment-based applicants receive a Notice of Intent to Deny (NOID), we step in with the experience and strategy needed to turn cases around. Our team carefully analyzes USCIS’s concerns, gathers the strongest evidence, and prepares persuasive legal arguments to protect your path to a green card. From proving your employer’s ability to pay to defending against allegations of fraud or misrepresentation, we know what it takes to overcome NOIDs and win approvals.

With the right strategy, many of our clients have overcome NOIDs and moved forward to green card approval.

Secure Your Green Card and Contact Us Before It’s Too Late

A Notice of Intent to Deny on your employment-based I-485 is serious, but it doesn’t mean your case is over. With a strong response, supported by clear evidence and legal arguments, you can still win approval.

If you’ve received an I-485 NOID in your employment-based case, act quickly. Contact us today at 305-515-0613 or email info@messersmithlaw.com to start building a strong response before your deadline expires.

214(b) Visa Denial: What It Means and How to Overcome It

September 9, 2025 by Immigration Lawyer Peter Messersmith

If you’ve been told your visa was denied under Section 214(b) of the Immigration and Nationality Act, you’re not alone. Thousands of applicants each year, particularly for B1/B2 tourist visas and F1 student visas, receive a 214(b) denial with little explanation. The good news? In many cases, this denial can be overcome with the right legal approach. Maybe you have asked one of the following questions:

Can I reapply after 214(b) visa refusal?”
“How to overcome 214b visa denial?”
“214(b) denied again – what should I do?”
What is 214(b) visa refusal?”
“Why was my B1/B2 visa denied under 214b?”
“what are the rejection reasons for 214(b) F1 visa rejection?”

In this article, we’ll explain:

What a 214(b) visa denial means;
Common reasons for being denied;
Can You Reapply After a 214(b) Denial?;
How to Strengthen Your Next Application; and
How to Get Help After a 214(b) Visa Denial

What Is a 214(b) Visa Denial?

Section 214(b) of the Immigration and Nationality Act gives US consular officers the power to deny a nonimmigrant visa if they believe the applicant has immigrant intent, which means the officer thinks you intend to stay in the US permanently rather than temporarily.

This section applies most often to:

B1/B2 Visitor Visa applicants
F1 Student Visa applicants
F2 Student Visa Dependent applicants
H4 Work Visa Dependent applicants
E2 Investment Visa applicants
J1 Exchange Visitor Visa applicants
J2 Exchange Visitor Visa dependent applicants

Common Reasons for a 214(b) Denial

You might be denied under 214(b) if you failed to convince the consular officer that you will return to your home country after your temporary stay. Common issues include:

Weak ties to your home country (family, property, job)
Inconsistent travel history or unclear purpose of visit
Low financial resources
Unconvincing documentation or answers at the interview

Can You Reapply After a 214(b) Denial?

Yes, you can reapply but success depends on whether your circumstances have changed or your application can be better documented or presented. If you go in with the same information, you’ll likely get the same result. We’ve helped clients overcome a 214(b) denial by:

Submitting additional evidence of strong home country ties
Clarifying inconsistencies from the original interview
Correcting errors in previous applications
Preparing the client for a stronger second visa interview

How to Strengthen Your Next Application

To increase your chances next time:

Be prepared to clearly explain your travel plans
Avoid contradictory answers that raise red flags
Call us at 305 515 0613 to obtain help from experts

Get Help After a 214(b) Visa Denial

If your visa was denied under 214(b), don’t give up. Many denials can be overturned with better preparation or legal advocacy. At The Messersmith Law, we’ve helped students, professionals, travelers and investors successfully reapply and get their visas even after multiple rejections.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com for a consultation. We’ll help you understand what went wrong, build a stronger case, and guide you every step of the way toward approval.

L1 Visa Refusal – Incomplete Organizational Structure Proof

September 6, 2025 by Immigration Lawyer Peter Messersmith

If your L1 visa was refused because you didn’t provide enough evidence of your company’s organizational structure, you’re not alone. One of the most commonly cited reasons for L1 visa denials is insufficient documentation showing how the US and foreign entities are related and how the applicant fits into the organizational hierarchy. Unfortunately, even small gaps in evidence can result in visa refusals under this ground.

Most common questions people ask us include:

“What should I do if my L1 visa denied organizational chart missing?”
“Can you help me with L1 visa refused due to structure proof”
“How to prove qualifying relationship for L1 visa?”
“What should I do? My L1 visa denied because of unclear job hierarchy”
“What are the L1 organizational chart requirement?”
“Can I reapply after L1 visa refusal?”

Why Organizational Structure Matters in L1 Petitions

For an L1 visa to be approved, US immigration authorities must be satisfied that there is a qualifying relationship between the foreign company and the US office. This means one must be the parent, subsidiary, branch, or affiliate of the other. Additionally, you must prove the role offered in the US matches managerial, executive, or specialized knowledge categories.

When companies fail to include clear and detailed organizational charts, job descriptions, or internal hierarchy documents, USCIS or the consulate may:

Question the legitimacy of the foreign and US entities’ relationship;
Doubt whether the applicant held a managerial/executive role abroad; or
Conclude that the position in the US doesn’t meet L1 eligibility standards

We’ve Helped Clients Reapply Successfully

We’ve assisted many clients who were initially refused an L1 visa due to vague or incomplete organizational documents. In several cases, we helped reconstruct detailed charts, supplemented with memos and updated evidence that clarified roles and corporate relationships. After resubmitting the applications, our clients secured approvals and were able to move to the US to begin their new assignments.

If your L1 visa was denied because of insufficient proof of organizational structure, you may still have strong options to reapply or challenge the decision. Contact our office at 305-515-0613 or info@messersmithlaw.com to discuss your case. We’ll help you fix the gaps, build a winning case, and get your career plans back on track.

How Long Does 221(g) Processing Take for H1B? Timelines, Delays, and Solutions

August 25, 2025 by Immigration Lawyer Peter Messersmith

If your H1B visa application was refused under section 221(g), you’re not alone. Thousands of applicants each year ask the same question: “How long does 221(g) processing take for H1B?”

The truth is, while a 221(g) refusal is not a denial, the waiting period can be unpredictable and stressful. We’ve successfully helped many H1B applicants resolve 221(g) issues by identifying delays, submitting missing documentation, and communicating directly with consulates and USCIS when necessary.

This guide explains what 221(g) means, how long it usually takes, and what you can do to speed up your case.

What Is 221(g) and Why Does It Happen?

Section 221(g) of the Immigration and Nationality Act (INA) allows U.S. consular officers to place a temporary hold on a visa application when they cannot make a final decision right away.

Common reasons for an H1B 221(g) include:

Missing or incomplete documents;
Administrative processing or security checks;
Questions about the employer and employee relationship;
Unclear specialty occupation details; or
Verification of client letters or end-client projects

When this happens, you’ll receive a 221(g) notice (sometimes called a “blue slip” or “yellow slip”) that explains what’s missing or under review. Your application remains on hold until the issue is resolved.

Average Processing Times for H1B 221(g)

So, how long does H1B 221(g) processing usually take? Timelines vary widely depending on the consulate, your employer, and the type of review involved:

Simple document requests (client letters, contracts): 1–4 weeks
Employment verification or complex documentation: 4–12 weeks
Administrative processing with security/background checks: 3–6 months (sometimes longer)
Cases referred to Washington, D.C. for additional review: Indefinite delays, often exceeding 12 months

Processing times are especially unpredictable at high volume consulates like in India, where many H1B applicants face extended waits.

Can You Speed Up H1B 221(g) Processing?

While you can’t control every aspect of administrative processing, you can take proactive steps to avoid unnecessary delays. The right legal strategy can absolutely shorten delays and prevent your case from stalling indefinitely. Many 221(g) cases drag on because applicants submit incomplete documentation, provide inconsistent answers,

At our firm, we take a proactive approach.

Identify what’s really causing the delay;
Prepare and submit airtight documentation to prevent further requests and avoid red flags like an INA 212(a)(6)(C)(i) misrepresentation finding;
Communicate directly with the consulate or USCIS when appropriate, so your case doesn’t get lost in the system;
Escalate long pending cases if you’ve been waiting 60–90+ days without movement.
We’ve helped H1B applicants in tech, finance, engineering, and healthcare clear 221(g) holds and move forward with their U.S. careers.

With the right strategy, we’ve successfully helped many people stuck in 221(g) administrative processing clear the issue and move forward with their H1B approvals and U.S. career plans

Don’t Let 221(g) Derail Your H1B and Your future

A 221(g) refusal on your H1B visa is frustrating but it doesn’t have to end your journey. With a strategic response and timely legal help, most applicants are able to resolve delays and move forward.

If your H1B 221(g) has been pending more than 60–90 days, call us today at contact us now at 305-515-0613 or info@messersmithlaw.com. We’ll review your case, identify solutions, and fight to get your application back on track.

L1 221(g) Administrative Processing – What You Need to Know

August 25, 2025 by Immigration Lawyer Peter Messersmith

If you’ve been told your L-1 visa is in 221(g) administrative processing, you’re not alone and you’re likely searching for answers. Each year, thousands of L-1 applicants are handed a 221(g) slip after their visa interview, meaning their case has been delayed for additional review or documentation. While this isn’t a final denial, it often leads to uncertainty, delays, and even rejection if not handled properly. Many clients have come to us after receiving 221(g) refusals, and we’ve successfully helped them navigate the process and secure visa approvals.

Applicants frequently ask:

What is 221(g) administrative processing for L-1 visa?
How long does L1 221(g) take?
Why was my L-1 visa delayed under 221(g)?
Is 221(g) a visa refusal or denial?
Can I work or travel during 221(g) processing?
What documents are needed after 221(g)?

Why Was Your L1 Visa Placed in 221(g)?

There are several common reasons for L-1 applicants to receive a 221(g) notice:

Lack of documentation: The consulate may require additional evidence about your employer, job duties, or prior employment history.
Verification of employer details: Especially in L-1B specialized knowledge cases, consular officers may want to verify the legitimacy of the U.S. or foreign entity.
Concerns over managerial role: For L-1A applicants, questions may arise about whether the applicant’s role truly meets USCIS standards for “executive” or “managerial” capacity.
Security or background checks: Certain occupations, nationalities, or keywords may trigger enhanced vetting procedures.

What to Expect During 221(g) Processing

Once your case is placed in 221(g) administrative processing, you may receive a blue, yellow, white, or pink slip, each indicating the reason and whether action is required on your part. In many cases, you’ll be asked to submit documents such as:

Detailed job descriptions;
Organizational charts showing your role;
Company tax returns or financial records;
Employment verification letters; or
Proof of previous work with the sponsoring entity

Administrative processing can last anywhere from a few days to several months, depending on the complexity of the case and whether government vetting is required. If no documents are requested and you were told to “wait for further instructions,” it typically means background clearance is underway.

How to Handle L-1 221(g) Effectively

If your visa case is stuck under 221(g), time is of the essence. Any delay, missing document, or poorly framed response can quickly turn into a denial. This is not the stage to take chances. Our team has successfully guided many L-1 applicants through 221(g) by pinpointing the exact issues, strengthening weak documentation, and submitting responses that are clear, complete, and compelling to the consulates. With the right strategy, we can turn a setback into an approval.

If your L1 visa is stuck in 221(g) administrative processing, don’t wait in uncertainty. Reach out to our office at 305-515-0613 or email info@messersmithlaw.com. We’ll help you understand what’s causing the delay, guide you through the response process, and give your case the best chance of moving forward.