An H1B denied status can feel like a major setback, but understanding your options, such as filing an appeal, submitting a motion to reopen, or exploring alternative visa pathways, can help you move forward strategically.
Hi, I'm Jim Hacking, an immigration lawyer, practicing law throughout the United States. Today, we're talking about what happens when your H-1B is denied.
During Trump’s first presidency, we've seen a huge uptick in the number of H-1Bs that are denied. These denials have been the subject of much controversy, much debate, and many lawsuits. The Trump administration has, without any changes to the law, made it much harder to get an H-1B approved or to get a transfer of employers or an extension of status approved.
With today’s Trump administration, cases that were approved very quickly in the past and which have been approved time and time again are now getting denied or getting crazy requests for evidence.
Imagine spending months gathering supporting evidence, preparing your visa application, and ensuring your petitioning employer follows all USCIS requirements - only to receive a denial notice or denial letter.
Fortunately, you still have options. With an experienced immigration attorney, you can fight back, challenge USCIS, and possibly win your case. At Hacking Immigration Law, LLC, we’ve seen firsthand how filing a federal lawsuit can turn a denial into an approval notice.
Over the past decade, the rate of H1B denials has increased. Even when applicants meet job requirements, provide employment verification letters, and demonstrate an employer-employee relationship, denials are common.
Some common reasons include:
• Insufficient evidence or inadequate documentation was provided with the initial petition
• Disputes about whether the particular position qualifies as a specialty occupation
• Issues with prevailing wage or current prevailing wage levels
• Employer fails to establish a valid intended employment scenario
• Questions about the new status after a previous visa
Sometimes USCIS issues an evidence notice requesting additional evidence, but even when you respond with new evidence, denials still happen.
Hire St. Louis Immigration Lawyers
When you receive that dreaded denial notice, you generally have three options:
This means returning to your home country or applying through a consulate abroad. While it’s the simplest option, it often means disruption of your career and life.
You may appeal through the Administrative Appeals Office (AAO). However, many immigration attorneys consider this a long process with low success rates. Appeals also require appropriate filing fees and can drag on past the visa’s validity period.
Here’s the game-changer. At Hacking Immigration Law, LLC, we’ve filed over a dozen federal lawsuits against USCIS when clients’ H1B visas were denied.
The result? Every single case we filed saw USCIS reverse itself - granting the new petition, restoring current status, and issuing the approval notice.
When USCIS denies an H1B, it often acts in violation of the Administrative Procedure Act or without proper legal authority. By suing, you’re asking a federal court to review its decision.
USCIS usually doesn’t want a judge to declare their denial unlawful. In many cases, even before their answer is due, USCIS reconsiders and approves the H1B. This avoids the risk of a precedent-setting court ruling against them.
Now, this is no guarantee that it'll work in your case, but if your H-1B has been denied, either an original H-1B, or an extension of status, or a change of employer, you need to sue them.
An immigration lawyer can:
• Review your denial letter and application process for errors or previous mistakes
• Ensure your filing fees and fee payment are correct
• Gather new evidence or supporting evidence, like pay stubs or job duties descriptions
• File a federal lawsuit in the correct jurisdiction
• Protect your lawful status during the grace period after denial
At Hacking Immigration Law, LLC, our immigration services are designed to fight unfair denials. We help foreign nationals present documents properly, prove their specialized knowledge, and challenge USCIS officers’ decisions.
If your H1B visa has been denied, whether it’s your initial petition, a transfer to the same employer, or a new petition with other employers, you don’t have to accept defeat. Filing a federal lawsuit could be the best way to protect your employment authorization and secure your future in the U.S.
Call us today at (314) 961-8200 or request a free consultation to discuss your case. Don’t let a denial end your American dream; you must fight back.
