about File a Motion to Challenge the H-1B Application Denial?
My potential employer filed H-1B application for me about 2 months ago, and it was denied last week. What is the option for the employer to do? How about file a motion to challenge the denial?
Some employers faced with H-1B denials immediately want to argue with the USCIS about the decision, due to the language in the denial alerting the employer to the opportunity to challenge the case. This is frequently interpreted as meaning that the case can be saved after filing a motion, but this is not always true.
In order to effectively challenge the USCIS on a H-1B denial decision, it is necessary to demonstrate that the decision of the case was wrong. On the other hand, If the case has fatal flaws, such as not having a proper LCA, then it generally is not possible to overcome the H-1B denial.
Also, if the H-1B petition was filed based on speculative employment, and no proof exists of a valid job offer at the time of the filing, then a motion is not likely to be successful.
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