Fri. Jun 21st, 2024

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Employer-Sponsored Visas See Higher Denial Rates Internationally

2 min read
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US departments have a higher denial rate for employer-sponsored visas for immigrant prospective legal permanent residents because of issues with their proposed job offers. These denials by consulates go against Department of Labor (DOL) and Department of Homeland Security (DHS) approvals. A staggering 61% of these visas are denied by US consulates.

Part of the reason for this high rate of denial is the way that the consulates give little to no weight to previous approvals by DOL and DHS. Getting a green card in a foreign country is essentially more difficult. Many prospective immigrants attempt to obtain temporary visas or enter illegally.

Lawful immigrants to the United States have the choices to seek a green card. They can get a green card by getting an immigrant visa from the State Department at a US consulate or embassy abroad, or they can change their status from temporary to permanent within the U.S. Employer-sponsored immigrants acquire temporary work visas. Also, further efforts are made to seek after getting their green card once in the U.S.

Employer-Sponsored Visas

In 2021, more than 150,000 employer-sponsored immigrants changed their status once currently in the United States. Just around 9% of that number received their immigrant visas before arriving in the United States. It can take over 500 days for the DOL. To finish the process of permanent labor certification for green card approval, which also contributes to this figure.

Since different departments are required to approve steps in the processes of green card and immigrant visa applications, denials by the DHS are uncommon. They denied around 4% of employer-sponsored immigrants that were applying for a change of status to permanent residence. However, at abroad consulates, only the details under labor certification ground of ineligibility are reported. These grounds only apply to EB-2 and EB-3 category immigrants and are only utilized if the State Department finds a problem with their job offer.

[USCIS Announces Significant Expansion of Citizenship and Integration Grant Program and the Opening of the Grant Application Period]

An all-time high of denials was reached in 2009 when 79% of labor certifications were denied on the ground from getting ineligibility. This figure does exclude denial on different grounds, like misrepresentation, public charge, and criminal background. These statistics have contributed to a decrease in trust in these processes of employer-sponsored immigration. Further insights are available by checking the Department of State report.

If you have inquiries regarding your employer-sponsored immigrant status or are searching for help with any immigration-related issue, reach us. We effectively monitor the ongoing immigration process to guarantee our clients get the right advice.

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