The Truth Behind Visa Denials: What Employers and Employees Need to Know

Episode Summary:

In this episode of US Immigrant Journey: Opportunities and Challenges, host Kevin Rosenquist sits down with experienced immigration attorney Edwin Fogam to uncover The Truth Behind Visa Denials. With over 25 years of expertise in immigration law, Edwin sheds light on why visa applications are often denied, common mistakes made by employers and employees, and how to navigate the appeals process.

From the importance of preparing a strong application to the misconceptions surrounding visa denials, this episode is packed with actionable advice for both foreign workers and employers. Edwin also discusses the role of employers in the visa process, strategies for overcoming denials, and the latest updates on H-1B visas under the current administration.

Whether you’re an employer looking to hire foreign talent or an employee facing visa challenges, this episode provides essential insights to help you successfully navigate the immigration system.

Timestamps:

 [00:37] Common Reasons for Visa Denials – Key factors like incomplete applications, unmet job requirements, and missed deadlines. [01:11] How Employers Can Prevent Denials – The importance of early preparation and understanding visa regulations. [01:40] Misconceptions About Visa Denials – Why a denial isn’t always the end of the road and how to appeal or reapply. [02:40] Options After a Visa Denial – Filing motions to reconsider, appeals, and alternative visa categories. [04:31] The Employer’s Role in the Process – Why collaboration between HR and attorneys is crucial. [05:40] Risks of Hiring a Worker Without Proper Status – Legal consequences and financial penalties. [07:08] The H-1B Visa & Recent Policy Changes – How the program is evolving and what it means for employers. [08:13] The H-1B Lottery Process – How it works, eligibility requirements, and yearly caps. [09:25] Employer Requirements for Sponsoring a Worker – What businesses need to prove to hire foreign talent. [10:37] Transitioning from H-1B to Green Card – How to move from non-immigrant status to permanent residency. [12:14] What Happens After a Denial? – Understanding the impact on immigration status and next steps. [13:49] Preventative Strategies for Employers – Key steps to ensure a smooth visa application process.

 

​​About the Show:

US Immigrant Journey: Opportunities and Challenges explores the complexities of immigration law, helping foreign workers, employers, and families navigate the U.S. immigration system. Hosted by Kevin Rosenquist and featuring expert attorney Edwin Fogam, the podcast provides practical insights, legal strategies, and the latest updates on immigration policies.