Denial of H1B Petitions
27 Aug 2009
We are flabbergasted by the high number of denials this year. At our office, the number denials received this year so far equals the total number we received in the past twelve years! This says a lot about the increased scrutiny of the H1B petitions (or the conduct of overzealous adjudicators?)
This is apparently one of the reasons why the H1B quota cap is not reached. In fact, the number has been advancing at a very slow rate. USCIS must be denying a large number of cases and putting the numbers back in the quota cap.
What about Motions to Reopen (MTRs)? To start with, they cost $585 in filing fees. What is the benefit? It depends. Some get approved. MTRs should contain enough arguments to overcome the reasons for denial. When the denial itself is “half-baked” or based on unusually strict interpretation of the law and procedure, it is anyone’s guess what an MTR can bring about!
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