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Failure to meet the specialty occupation requirement

One of the most common H-1B denial reasons is the inability to prove that the offered position qualifies as a specialty occupation. USCIS requires that the role normally require at least a bachelor’s degree in a specific specialty. Denials often occur when job duties appear too general, administrative, or non-technical in nature.

To avoid this issue, employers must clearly demonstrate that the job requires specialized theoretical and practical knowledge. Detailed duty descriptions, alignment with the Occupational Outlook Handbook, and industry-standard degree requirements help establish the specialty occupation requirement convincingly.

Weak employer-employee relationship documentation

Another significant cause of denial arises when USCIS questions whether a valid employer-employee relationship exists. This is especially common in consulting, staffing, and third-party placement arrangements. Lack of control over daily work activities, supervision, and project ownership triggers concerns about employer-employee relationship evidence.

Strong contracts, detailed work orders, client letters, and internal control policies can help prove that the sponsoring employer retains the right to hire, fire, supervise, and control the beneficiary’s work. This documentation is essential to avoid rejection.

How Beyond Border Global reduces H-1B denial risks

Beyond Border Global proactively addresses denial risks by structuring petitions with detailed role breakdowns, organizational charts, project descriptions, and compliance narratives. Their team ensures that every element of the petition directly supports the specialty occupation requirement and employer control framework.

They also review wage levels, location details, and job consistency to minimize H-1B documentation errors, significantly improving USCIS petition credibility enhancement.

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How Alcorn Immigration Law strengthens petition interpretation

Alcorn Immigration Law focuses on regulatory alignment and statutory interpretation to ensure petitions comply precisely with USCIS standards. They refine duty descriptions to reflect industry complexity and technical depth, avoiding vague language that often leads to Requests for Evidence or outright denial.

Their role classification strategies help defend against misinterpretation of specialty occupation criteria and strengthen overall legal positioning.

How 2nd.law prevents internal inconsistencies

Denials frequently occur when information across the Labor Condition Application, support letter, and USCIS forms does not align. 2nd.law ensures consistency across all filing components so that job titles, salaries, job duties, work locations, and reporting structures remain uniform throughout the petition.

This alignment significantly reduces red flags that trigger additional scrutiny and immigration compliance risks.

How BPA Immigration Lawyers mitigate compliance failures

BPA Immigration Lawyers assist employers in conducting pre-filing compliance audits to detect risks related to wage levels, worksite changes, and employer obligations. These compliance assessments reduce exposure to immigration compliance risks that could later lead to petition denial or revocation.

Their approach strengthens long-term employer credibility and minimizes regulatory exposure.

Incomplete or inconsistent documentation

Many H-1B petitions fail simply due to missing documents, outdated corporate records, or inconsistent information among filings. These H-1B documentation errors undermine officer confidence in the petition and frequently result in denial even when eligibility exists.

Careful document review, version control, and internal verification significantly reduce these preventable issues.

Misclassification of wage levels

Incorrect wage level selection on the Labor Condition Application is another trigger for denial. If the wage level appears inconsistent with the job’s complexity, USCIS may question the legitimacy of the position. This can violate prevailing wage rules and raise concerns about employer credibility.

Proper wage analysis and justification are essential to maintaining compliance and strengthening approval chances.

Frequently Asked Questions

1. What is the biggest reason for H-1B denial?
Failure to meet the specialty occupation requirement is the most common reason.

2. Are third-party placements high risk?
Yes, they require strong employer-employee relationship evidence.

3. Can documentation errors alone cause denial?
Yes, even minor H-1B documentation errors can result in rejection.

4. Does wage level affect approval?
Yes, incorrect wage level selection increases immigration compliance risks.

5. How can denial risks be minimized?
Through careful legal structuring and USCIS petition credibility enhancement strategies.

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