H-1B Visa

H-1B Approved But Change of Status or I-94 Extension Denied: What Consular Processing Means and How to Fix It

by

Receiving an approval notice from USCIS should be good news. However, many foreign workers are shocked to discover that USCIS approved their H1B petition but denied their change of status (COS) or extension of stay (EOS) request.

This situation often results in consular processing, meaning the worker may need to leave the United States and obtain an H1B visa abroad before returning. If your notice says your H1B petition was approved but your I-94 extension or change of status was denied, understanding what happened and what options remain is critical.

What Does “H1B Approved But Change of Status Denied” Mean?

Many H1B petitions contain two separate requests:

Request 1

Approval of the H-1B petition itself.

Request 2

Approval of:

  • a change of status, or
  • an extension of stay and issuance of a new I-94.

USCIS may approve the first request while denying the second. As a result, consular processing is required since H1B petition approved but change of status denied, extension of stay denied and no new I-94 issued.

Common USCIS Language Found in Approval and Denial Notices

Applicants are often confused because USCIS may approve the H1B petition while denying the extension of stay or change of status request. Common language found on approval notices includes:

  • “The petition has been approved. However, the request for extension of stay has been denied.”
  • “The petition has been approved, but the request for change of status has been denied.”
  • “The beneficiary is not eligible for an extension of stay.”
  • “The petition is approved for consular notification.”
  • “The petition is approved for consular processing.”
  • “The beneficiary must obtain an H1B visa abroad before seeking admission.”
  • “No extension of stay has been granted.”
  • “The beneficiary is not eligible for the requested extension of stay.”
  • “The beneficiary is not eligible to change status in the United States.”
  • “The beneficiary must obtain a visa abroad before seeking admission in H1B classification.”
  • “Although the petition is approvable, the beneficiary has not established eligibility for the requested extension of stay.”

Many approval notices also lack an attached I-94 at the bottom of Form I-797. If your approval notice contains any of these statements, you should carefully review your immigration status and contact us immediately at (305) 515- 0613 to determine your next steps.

Why Does USCIS Approve the H-1B But Deny the I-94 Extension?

1. Failure to Maintain Status

USCIS may state “the beneficiary failed to continuously maintain lawful nonimmigrant status” due to

  • status gaps
  • late-filed extensions
  • prior violations
  • unauthorized activity

2. Unauthorized Employment

USCIS could indicate “the beneficiary engaged in unauthorized employment.” Even brief periods of unauthorized work can affect eligibility for an extension of stay.

3. Prior I-539 Denials

A denied B2 extension, H4 extension or F1/F1 reinstatement can create a status gap that later affects an H1B extension request.

4. Expired I-94

USCIS may also state “the beneficiary was not maintaining lawful status at the time of filing.” This often occurs when the underlying I-94 expired before filing.

5. Status Violations During F-1 OPT

Common examples include:

  • SEVIS termination
  • unauthorized employment
  • failure to maintain student status

6. USCIS I-94 Calculation Errors

Sometimes USCIS makes mistakes involving:

  • admission dates
  • extension dates
  • prior approval notices
  • CBP records

What Is Consular Processing?

Consular processing means:

  1. The H1B petition remains approved.
  2. The worker leaves the United States.
  3. The consulate will reevaluate whether or not the worker is qualified for the visa.
  4. If consulate approves it, the worker obtains an H1B visa at a US consulate abroad.
  5. CBP will then determine whether or not an I-94 should be issued at the port of entry.
  6. If CBP approves it, the worker reenters in H1B status.
  7. CBP issues a new H1B I-94.

Can You Continue Working?

The answer depends on:

  • current status
  • timing of denial
  • portability eligibility
  • immigration history

Many workers incorrectly assume petition approval automatically authorizes employment. It does not.

Successful Case Examples

Case 1: USCIS Alleged Status Gap After Prior Employer Error

A software engineer received an approval notice stating: “The petition has been approved. However, the request for extension of stay has been denied.”

USCIS concluded that the applicant failed to maintain valid status. After reviewing the case, we identified filing errors by the prior employer and prepared a detailed legal analysis.

Result: The client successfully completed consular processing and returned to the United States in H1B status with no interruption to the employer’s long term immigration plans.

Case 2: F1 Student Approved for H1B But Change of Status Denied

An F1 student received H1B approval but USCIS stated: “The beneficiary is not eligible to change status.”

USCIS relied on a prior SEVIS issue and denied the change of status request. We developed a consular processing strategy, prepared the applicant for the visa interview, and addressed the underlying status concerns.

Result: H1B visa approved and successful reentry.

Case 3: H1B Approved But No I-94 Issued Due to CBP Error

A technology consultant received an H1B approval notice without an attached I-94. USCIS relied on incorrect CBP admission records showing an earlier expiration date. We obtained CBP documentation and corrected the underlying record issue.

Result: I-94 was issued and no consular processing necessary. Future immigration benefits preserved.

Case 4: Prior I-539 Denial Created Extension Problem

An H4 dependent later sponsored for H1B employment received petition approval but extension denial.

USCIS concluded: “The beneficiary failed to maintain lawful status.” The issue stemmed from a previously denied I-539 application. We analyzed the timeline and developed a strategy that minimized unlawful presence concerns.

Result: Successful H1B visa issuance through consular processing.

Case 5: Unauthorized Employment Allegation

A foreign national received approval of the H1B petition but denial of the extension request based on alleged unauthorized employment during OPT period with Findream.

USCIS stated: “The beneficiary is not eligible for the requested extension of stay.”

We reviewed payroll records, employment history, and status documentation and prepared a strong legal argument.

Result: Successful visa issuance and return to the United States in H1B status.

Can USCIS Mistakenly Deny the Extension?

Yes. We frequently see cases involving:

  • incorrect I-94 calculations
  • overlooked evidence
  • USCIS data errors
  • misunderstanding of status history
  • failure to consider authorized stay periods

In some situations, filing a Motion to Reopen or Motion to Reconsider may be appropriate.

How to Fix an H1B Approved But I-94 Extension Denied Case

Potential solutions include:

Consular Processing

Most common solution.

Motion to Reopen

When USCIS made a factual error.

Motion to Reconsider

When USCIS applied the law incorrectly.

I-94 Correction

When CBP records contain mistakes.

Alternative Immigration Strategies

Depending on the facts of the case.

Do Not Ignore an H1B Approval Without an I-94

If your H1B petition was approved but your change of status or extension of stay was denied, immediate legal analysis is critical.

With the right legal strategy, many applicants successfully obtain H1B status and continue their immigration journey despite the initial denial. We are here to fight for your rights, protect your immigration future, and help you navigate complex H1B and status related issues.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.

H-3 Visa: A Smart Alternative After the 2025 H-1B Fee Increase

by

On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers.

This Proclamation:

  • Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025.

Further steps that will be taken to reform the H-1B program, as contemplated in the Proclamation, include:

  • A rulemaking by the Department of Labor to revise and raise the prevailing wage levels in order to upskill the H-1B program and ensure that it is used to hire only the best of the best temporary foreign workers.
  • A rulemaking by the Department of Homeland Security to prioritize high skilled, high paid aliens in the H-1B lottery over those at lower wage levels.

Additional reforms are also under consideration and will be announced in the coming months.

These rising costs are pushing many companies and skilled workers to explore the H-3 training visa which is a flexible and low cost option for those seeking U.S. experience without navigating the H-1B lottery or excessive fees.

What Is the H-3 Visa?

The H-3 nonimmigrant trainee visa allows foreign nationals to come to the United States for a structured training program that is not available in their home country. It’s ideal for individuals or international employers who want to develop specialized skills, exchange knowledge, or build professional capacity without the high costs or restrictions of the H-1B program.

H-3 vs. H-1B Visa: 2025 Comparison

CategoryH-1B VisaH-3 Visa
PurposeU.S. employmentTraining program
Lottery RequiredYesNo
Duration3 years (extendable)Up to 2 years
Annual Cap85,000None
Employer CostHighLow
Dual IntentYesNo
Work AuthorizationFull-time workIncidental to training only

Who Qualifies for the H-3 Visa?

To qualify, you must show:

  1. The training is not available in your home country.
  2. The program is not primarily for productive employment.
  3. The training will benefit your career abroad.
  4. The U.S. organization provides a detailed, structured curriculum outlining goals, schedule, and supervision.

Best Candidates for the H-3 Visa

  • Startups and small businesses training overseas employees
  • International corporations preparing foreign managers or engineers
  • Healthcare institutions training doctors, therapists, or educators
  • Professionals seeking practical U.S. experience to enhance global careers
  • Universities and NGOs offering specialized programs unavailable abroad

FAQ: H-3 Visa After the 2025 H-1B Fee Increase

Q1. How long does the H-3 visa last?
Most programs last 6 to 24 months, depending on the training type.

Q3. Can I work while on an H-3 visa?
You can only perform incidental work that supports your training not full-time employment.

Q5. Can my spouse or children come with me?
Yes. Dependents may apply for H-4 visas to accompany you to the U.S.

Considering an H-3 Visa in 2025?

With H-1B visa costs increasing sharply after September 21, 2025, now is the time to explore the H-3 training visa as a practical, affordable alternative. At The Messersmith Law Firm, we have successfully helped thousands of clients navigate complex visa categories including H-1B, H-3, L-1, and J-1 programs.

Call 305-515-0613
Email info@messersmithlaw.com
Schedule a consultation today to find out how the H-3 visa can work for you.

Trump’s H-1B Proclamation: What It Means and Alternatives for Employers and Workers

by

On September 19, 2025, President Trump issued a Proclamation restricting entry for new H-1B visa holders. This action has raised alarm among US employers, foreign professionals, and international graduates hoping to secure H-1B visas. As an immigration law firm, we explain below what the proclamation does, how it impacts current and future H-1B workers, and what alternatives exist for those seeking to work in the United States.

Key Takeaways from the H-1B Proclamation

  • New $100,000 supplemental fee: Employers must now pay this one-time fee for each new H-1B petition for workers outside the U.S.
  • Current H-1B holders unaffected: The proclamation does not apply to extensions, renewals, or travel for those already in valid H-1B status.
  • Timing: The policy takes effect September 21, 2025 and applies first to the next H-1B lottery cycle.
  • National interest exceptions: DHS may waive the restriction for cases critical to US national security or welfare.

White House Clarification

To clear confusion, the White House confirmed:

  1. The $100,000 fee is not annual, but one-time per petition.
  2. Current H-1B visa holders abroad are not required to pay this fee for re-entry.
  3. The rule applies only to new H-1B visas and not renewals or amendments.

Impact on Employers and H-1B Workers

  • Employers: Recruiting new foreign talent will become significantly more expensive. Employers should evaluate whether roles justify the surcharge or whether visa alternatives may be more cost-effective.
  • Current H-1B employees in the U.S.: Status and work authorization remain valid. Extensions and amendments can proceed as usual.
  • Graduates and foreign professionals abroad: New entries will be subject to the $100,000 fee unless exempted under the national interest waiver.

Alternatives to the H-1B Visa

If the H-1B is now less viable, other work visa options may provide a path forward:

  • O-1 Visa (Extraordinary Ability): For professionals with strong achievements in STEM, business, or the arts.
  • L-1 Visa (Intra-Company Transfers): For employees of multinational corporations moving to US offices.
  • E-2 Visa (Treaty Investor/Employee): Available for nationals of treaty countries investing in US businesses.
  • TN Visa (Canada & Mexico under USMCA): For listed professional occupations, often faster and less costly.
  • Employment Based Green Cards (EB-1, EB-2, NIW, EB-3): In some cases, skipping H-1B altogether and moving directly toward permanent residency is more strategic.

Immigration Lawyer Advice: What To Do Now

  • Stay calm: The proclamation does not cancel current visas.
  • Plan strategically: Employers should review staffing plans for 2026 and consider budgeting for the fee or pivoting to alternatives.
  • Evaluate alternatives early: Certain categories like O-1 or L-1 may fit better for highly skilled workers.

Take Action Now to Protect Your Immigration Future

This proclamation represents one of the most significant restrictions on the H-1B program in recent years. While current H-1B holders are safe for now, new applicants face steep financial hurdles. Employers and workers should evaluate their options, consider H-1B alternatives, and work closely with experienced immigration attorneys to protect their ability to live and work in the U.S.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We can help you determine whether the H-1B is still right for you or whether alternatives like O-1, L-1, E2 or EB1, EB2 or EB3, EB4 or EB5 green cards are a stronger strategy for your future.

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

by

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:

  1. Review the notice carefully. It will usually indicate whether documents are required or if your case is in administrative processing.
  2. Call us at 305 515 0613. A legal review can identify weak points in your petition and help submit a stronger response.
  3. 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.

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

by

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.

  1. Identify what’s really causing the delay;
  2. Prepare and submit airtight documentation to prevent further requests and avoid red flags like an INA 212(a)(6)(C)(i) misrepresentation finding;
  3. Communicate directly with the consulate or USCIS when appropriate, so your case doesn’t get lost in the system;
  4. Escalate long pending cases if you’ve been waiting 60–90+ days without movement.
  5. 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.

Immigration Success Story – Overcoming H1B Visa Refusal at the London Consulate

by

Recently, a US based technology company contacted us after their employee’s H1B visa was refused at the US Embassy in London. The employee, a highly skilled software engineer, had been working in the US for several years and had traveled to London for visa stamping. However, instead of receiving visa approval, he was subjected to administrative processing, followed by an outright refusal under INA 221(g). The company was eager to have him return to the US to resume his work, but they were unsure how to proceed after the refusal.

We spoke with the employee and reviewed the refusal notice. During his visa interview, the consular officer had questioned the legitimacy of his H1B employment, focusing on whether his role truly required a specialized degree. The officer also expressed concerns about the employer’s ability to pay the offered wage, despite the company being a well established firm. These types of refusals are common when the consulate believes the underlying H1B petition does not meet the legal criteria, even if USCIS had already approved it.

After taking on the case, we immediately contacted the London Consulate to request clarification on the refusal. We submitted a legal memorandum with strong supporting documents, the consulate agreed to reconsider the refusal and requested that our client return for a new interview.

At the second interview, our client presented the additional evidence we had prepared, and the officer reversed the refusal, granting the H1B visa without further delays. Within days, he was back in the United States, continuing his work without any additional issues.

Do you have a similar visa refusal at the London consulate or another U.S. embassy? Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Overcoming H1B Visa Cancellations: Strategies and Next Steps

by

H1B visa cancellations can disrupt careers and jeopardize plans for long-term employment in the United States. Cancellations typically occur due to job termination, failure to maintain H1B status, or violations of visa terms. If your H1B visa has been canceled or is at risk of cancellation, it is important to understand your options and act quickly to protect your immigration status and career prospects.

One potential option after an H1B visa cancellation is to find a new employer willing to sponsor you. The H1B transfer process allows you to change employers without being subject to the annual H1B cap, provided that the new petition is filed before you fall out of status. This option requires securing a new job offer and ensuring the new employer files a petition promptly. Until the transfer is approved, maintaining status in the U.S. is crucial.

If you are unable to secure a new H1B sponsor immediately, you may consider switching to another visa category to maintain lawful status. For example, applying for an F1 student visa, a dependent visa like H4, or a visitor visa may provide temporary relief while you explore long-term options. Additionally, if you are eligible for adjustment of status (such as through family-based or employment-based green card sponsorship), pursuing this pathway can help you remain in the U.S. legally.

H1B visa cancellations can be stressful, but with timely action and the right strategy, it is possible to regain status or secure a new visa. Consulting with an experienced immigration attorney is critical to navigating this complex situation and determining the best course of action based on your unique circumstances. Contact my office today to discuss your case, explore your options, and work toward a solution that protects your immigration status and career in the United States.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR typically indicates that USCIS is reconsidering the approval of your H1B petition due to concerns such as misrepresentation, lack of qualification, or employer-related issues like non-compliance with labor condition requirements. Similarly, if the State Department contacts you regarding visa cancellation, it may stem from allegations of fraud, eligibility issues, or a review of your employer’s compliance. In either situation, responding promptly and thoroughly is critical. This involves carefully reviewing the notice, gathering supporting documentation, and addressing the government’s concerns to demonstrate your continued eligibility. Legal guidance is invaluable during this process to craft a persuasive response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

LCA Errors that can Lead to H1B Visa Refusals and INA 212(a)(6)(C)(i) Inadmissibility Determinations

by

Errors made by the visa applicant in regards to the Labor Condition Application (LCA) can cause significant problems and potentially jeopardize their chances of obtaining an H-1B visa. It’s crucial to avoid common mistakes that can lead to visa denials and inadmissibility determinations under INA 212(a)(6)(C)(i). Here are some frequent errors and their implications. – For our main reference page on INA 212a6Ci, check out our primary 212a6Ci page here.

Misrepresenting the Terms of the Job Offer: Visa applicants must accurately represent the terms of the job offer in the LCA, including job duties, salary, and working conditions. Any misrepresentation can be considered fraud, leading to a visa denial. It’s essential to provide truthful and precise information to avoid accusations of misrepresentation.

Failing to Comply with the Prevailing Wage: The Department of Labor mandates that H-1B visa holders must be paid the prevailing wage for their job. If an applicant is paid less than the prevailing wage, it violates the LCA and can result in a visa denial. Ensuring compliance with wage requirements is critical to maintaining legal status.

Failing to Disclose Previous Immigration Violations: Visa applicants must disclose any previous immigration violations, such as overstays or unauthorized employment. Failing to disclose such violations can be considered fraud and result in a visa denial. Full transparency regarding immigration history is vital to avoid complications.

Failing to Comply with the Terms of the Visa: H-1B visa holders must adhere to the terms of their visa, including maintaining status, working only for the employer listed on the LCA, and not engaging in unauthorized employment. Non-compliance can lead to visa denial or revocation of visa status. Adhering strictly to visa terms helps ensure continued legal status in the U.S.

Failing to Notify the Department of Labor of Changes: Any changes to the job offer terms, such as job duties, salary, or working conditions, must be reported to the Department of Labor. Failure to report these changes can result in LCA violations and visa denial. Keeping the Department of Labor informed of any job-related changes is crucial.

If an H-1B visa applicant is accused of fraud under INA 212(a)(6)(C)(i), it’s imperative to take immediate action. Here are steps to potentially resolve the situation and overcome fraud accusations:

  1. Contact Us Immediately: Call us at 305-515-0613 or email us at info@messersmithlaw.com. Our experienced immigration attorney, with over 20 years of experience, can review your case and advise on the best course of action.
  2. Gather Evidence: We will help you gather evidence to refute the fraud allegations, ensuring you have a strong case.
  3. Cooperate with Authorities: We will guide you on how to cooperate fully with authorities, including attending interviews or providing additional documentation as requested.

If you have been accused of fraud or misrepresentation due to a misunderstanding involving your LCA, contact our office through our website or give us a call at 305-515-0613. We look forward to helping you win your case, as we have for thousands of other clients.

H1B Notice of Intent to Revoke (NOIR) Received Due to INA 212(a)(6)(C)(i)

by

Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. – For our main reference page on INA 212a6Ci, check out our primary 212a6Ci page here.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult NOIRs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us worried that he might lose his H1B status. Six months after his H1B petition was approved, USCIS made a site visit to his work location. He was not at work during the visit and USCIS found several issues which lead them to believe that our client was not working as described in the petition. However, several months passed without anything happening and our client thought everything would be fine. However, six months after the site visit, USCIS decided to issue an NOIR to the employer and gave them just 30 days to respond to 7 different issues they had with the petition.

We understand that such notices can be deeply unsettling but they are not the end of the road. Our firm swiftly stepped into action, meticulously crafting a point-by-point response to the USCIS’s concerns. With more than 20 years of experience in immigration law, we challenged the NOIR by collecting substantial evidence, preparing comprehensive documentation, and building a robust defense arguing our client’s compliance with H1B requirements. Our focused and aggressive approach was designed to address not only the immediate revocation threat but also to solidify our client’s standing with USCIS going forward.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you or your employees have been served with a NOIR, time is of the essence. Don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.

H1B RFE Received Due to INA 212(a)(6)(C)(i)

by

Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. – For our main reference page on INA 212a6Ci, check out our primary 212a6Ci page here.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult RFEs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us in a state of panic after receiving an RFE for his H1B petition. His application had been submitted by his company’s lawyer who was not able to properly explain our client’s previous involvement with AZTech. During his Optional Practical Training (OPT), the client had paid for training with AZTech, only to later discover that the company was fraudulent. Although he left the company as soon as he discovered the company was fake, USCIS brought up the issues several years later in his H1B petition.

USCIS believed our client had committed fraud due to his association with AZTech during his OPT. This not only raised questions about potential misrepresentation under INA 212(a)(6)(C)(i), but also put the legitimacy of his F1 student visa status into question, stating that they may classify his stay as unlawful.

Facing such complicated inadmissibility issues, the client wisely chose to retain our services. Our team meticulously prepared a comprehensive legal argument to accompany his RFE response. The outcome? USCIS concurred with our position, approved the H1B petition, and issued an I-94 to our client.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you’re facing similar immigration challenges, don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.