L1a Rejected Can I Apply Again
three Reasons Why Your 50-1 Visa Could Get Rejected in 2022
By Michael Niren November 21, 2016 (Updated Dec 17, 2021) five min. read
Does your company need specialized knowledge of 1 of its employees from a branch exterior of the US? An L-one visa enables you to bring just such an employee over. At that place are ii types of L-1 Visas: the L-1A and the L-1B. However, just because you've got a compelling case for bringing over an employee doesn't mean that the US government volition accept your application. Read on to learn about the top three reasons for 50-1 rejections.
ane. Inability to Testify Specialized Knowledge
Clearing lawyers have seen a recent rise in the Fifty-1 rejection rate because employers aren't proving that the employee in question has the necessary specialized knowledge that's invaluable to the American branch of the company.
Unless you lot can bear witness that the employee has specialized knowledge that no other American employee possesses, US Citizenship and Immigration Services (USCIS) will reject a request for an 50-1 visa.
It's a skillful idea to spend plenty of time training your employees to provide them with the specialized cognition that they need before applying for an L-1 visa so they accept the strongest application possible.
2. Non Enough Show
In March 2015, the US government released a memorandum clarifying what adjudicators should await for when handling L-one visa requests. The release of the memorandum coincided with the government's publication of L-ane rejection rates.
One of the points the memorandum makes is that adjudicators need a "preponderance" of evidence that the employee in question meets eligibility standards. What does "preponderance" of evidence mean?
The government defines the term as meaning that the applicant has to testify that his or her claims are more likely true than not. It doesn't mean that you lot take to remove all doubt from the adjudicator'south listen – you merely have to convince him or her that your evidence is probably true.
3. The Effect of Politics
Although adjudicators are supposed to decide cases purely on their merits, critics of the federal government complain that politics has crept into the L-1 visa decision-making process.
50-1 rejection rates tell an interesting tale. In 2006, the rejection charge per unit of Fifty-one visa applications was half dozen%. Eight years later, it was 35%. Clearing advocates signal to the effect of the global recession in 2008, which hitting the US especially hard. The economic downturn created what these advocates refer to as a "protectionist" civilisation at USCIS. As a result, the agency was less likely to approve L-ane visas because officials we
re worried foreign workers would accept jobs abroad from Americans.
It doesn't help that politicians have been some of the loudest critics of visa programs designed to bring over skilled strange workers. They claim that these programs are an excuse for companies to fill empty positions with cheaper labor from outside of the US.
What Tin You Exercise If Your 50-one Visa Application Is Rejected?
Given the current rejection rates of L-one visa applicants every bit well as the political climate, you lot take to explore the possibility that your application might non be successful. Some even enquire, if an L-1 visa gets rejected, what is the time catamenia for reapplying?
Fortunately, if your L-1 visa is rejected, you are able to reapply 3 days after the previous rejection. You lot don't encounter applicants doing this oft considering it's not common that your circumstances alter that quickly but information technology'southward good to know you don't accept to wait 6 months or longer.
That being said, a rejection doesn't mean you've run out of options. You can entreatment to the Administrative Appeals Office (AAO). Keep in heed that the AAO tin can take months to respond to requests for appeals, though.
What other options do you have? Y'all could appeal USCIS's conclusion in federal district court. While it might sound a bit drastic, appealing to this court might be your best option. For a start, you take the right to appeal under the Administrative Process Act (APA). Secondly, y'all might get a fairer hearing from a approximate and have the ability to present all of the facts of the example to him or her. And at that place's a chance your request might exist granted; the federal courts don't always have a strong involvement in litigating visa bug.
Another option is to consider if yous're a better fit for other visa categories. Mayhap you don't meet the qualifications of an L-1 visa, but you might be eminently eligible for another type of visa for entrepreneurs.
The process can exist long, arduous, and ultimately disappointing if yous're rejected. However, becoming discouraged and giving up completely isn't the answer. Practice your research to figure out a way to go into the US, and your persistence volition pay off.
L1a and L1b Visa Extension Rejection Charge per unit 202two
When and if you take been rejected your L-1 visa application, you will receive a Asking For Evidence (RFE). Statistics show that a little over 57% of L-i visa applicants recieve RFEs and 54% of those are approved after the RFE.
Turn to an Clearing Law Professional for Help with L-one Visa Applications
If yous're interested in applying for an 50-1 visa or you've recently been turned down for such a work permit, talk to an experienced immigration lawyer specializing in employment problems. Applying to enter the United states fifty-fifty on a temporary basis is a complicated and frequently frustrating undertaking. An immigration police professional tin assistance you find a fashion to come to the US legally.
Are You Interested in Applying for an 50-one Visa?
If then, Contact VisaPlace today. All of our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration business firm that adheres to the highest standards of customer service.
Ready for the next footstep? Book your 1 on 1 consultation at present or call united states of america at 1-888-317-5770.
Have a Question related to your Clearing Needs?
Fill out theFree Immigration Assessment course and get a response within 24 hours to see if y'all're eligible.
The assessment form should take approximately five-7 minutes to consummate. We volition get back to you within one business day to let you know if we are able to help.
President & CEO
Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Police force Gild of Upper Canada, the Canadian Bar Association'due south Citizenship and Immigration Section and the Associate Member of the American Bar Clan.
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Source: https://www.visaplace.com/blog-immigration-law/3-reasons-why-your-l1-visa-could-get-rejected/
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