H-1B Denial Options in Los Angeles: What to Do When Your Petition Is Denied
Understanding Your Choices After an H-1B Petition Denial or Revocation
Quick Answer
After an H-1B denial, you have several options: file a motion to reopen or reconsider with USCIS, appeal to the Administrative Appeals Office (AAO), file a new petition addressing the denial reasons, or explore alternative visa categories. The best strategy depends on the specific denial reasons, your current status, and your timeline. Acting quickly is essential as denial affects your legal status.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Los Angeles, with its diverse economy spanning entertainment, tech, healthcare, and international business, employs thousands of H-1B workers. When an H-1B petition is denied, both employers and workers face difficult decisions. Understanding your options is critical to making the right choice about appeals, re-filing, or pursuing alternative paths to work authorization.
Common H-1B Denial Reasons
| Denial Reason | What It Means | Common Response |
|---|---|---|
| Not a specialty occupation | USCIS says job doesn't require bachelor's | Provide stronger evidence of complexity |
| Beneficiary not qualified | Degree doesn't match job requirements | Show degree relevance or get evaluation |
| Employer-employee relationship | Questions about control over worker's job | Document supervision and work relationship |
| Ability to pay wage | Employer cannot prove financial capacity | Provide additional financial evidence |
| Insufficient documentation | Missing documents or information | Resubmit with complete package |
| Third-party worksite issues | Unclear work arrangement at client sites | Provide contracts, SOW, supervision details |
| Wage level issues | Level 1 wages for complex jobs | Justify wage or adjust to higher level |
Option 1: Motion to Reopen
- •Must file within 30 days of denial (33 days if mailed)
- •Present new facts not previously available
- •New evidence must be material to the decision
- •Same USCIS office reviews the motion
- •Filing fee required ($785 in 2026)
- •Does not restore status while pending
- •Success depends on strength of new evidence
- •Not appropriate if issue was legal interpretation
Option 2: Motion to Reconsider
- •Must file within 30 days of denial (33 days if mailed)
- •Argue USCIS misapplied law or policy
- •Point to specific errors in the decision
- •Use same evidence that was in original filing
- •Filing fee required ($785 in 2026)
- •Same USCIS office reviews the motion
- •Appropriate when USCIS ignored evidence or misread regulations
- •Can combine with motion to reopen
Option 3: Appeal to AAO
- •Must file Form I-290B within 30 days of denial
- •Filing fee: $785 (2026)
- •AAO provides independent review of the decision
- •Can submit a brief explaining errors in decision
- •Processing time: 6-18 months typically
- •AAO can affirm, reverse, or remand for new decision
- •Does not restore status while pending
- •If AAO denies, can seek federal court review
Option 4: File a New H-1B Petition
- •New petition gets fresh review by different officer
- •Address all issues raised in the denial
- •Provide stronger evidence and documentation
- •Must pay new filing fees
- •If cap-subject: May need to wait for next fiscal year lottery
- •Cap-exempt employers can file anytime
- •Consider requesting premium processing ($2,805)
- •Often faster than appeal process
Impact on Status: What Happens After Denial
| Scenario | Status Impact | Grace Period |
|---|---|---|
| H-1B extension denied while in H-1B | Status lost on denial date | No automatic grace period |
| Change of status denied while in F-1 | Remain in F-1 if still valid | Depends on F-1 status |
| Cap case denied (never had H-1B) | Remain in current status if valid | Depends on current status |
| H-1B revoked while working | Status ends on revocation date | May have 60-day grace period |
| After 6 years, extension denied | No status, must depart | None |
Alternative Visa Options
- •O-1: Extraordinary ability (no annual cap, for exceptional workers)
- •L-1: Intracompany transfer (if employer has foreign affiliate)
- •E-2: Treaty investor (if from treaty country and can invest)
- •TN: USMCA professionals (for Canadian and Mexican citizens)
- •H-1B1: Singapore and Chile citizens (different quota)
- •EB-1A: Extraordinary ability green card (self-petition, no sponsor)
- •EB-2 NIW: National Interest Waiver (self-petition, certain fields)
- •Return to F-1 status and pursue new degree/OPT
Maintaining Status While Deciding
- •File motions/appeals within 30 days to preserve options
- •Consider 'bridge' options: F-1, B-2 change of status
- •Continue working only if work authorized (cap-gap, etc.)
- •Consult immigration attorney immediately upon denial
- •Departing U.S. may be necessary if no valid status
- •Avoid accumulating unlawful presence
- •Re-entry with new visa may be possible after departure
- •If appealing, status not automatically extended
Employer Considerations
- •Must discontinue employment if no valid work authorization
- •Can support motion/appeal with additional documentation
- •May file new petition addressing deficiencies
- •Consider alternative visa categories for the worker
- •LCA obligations continue until properly terminated
- •Consult immigration counsel on next steps
- •Plan for potential employee departure
- •Document good faith efforts throughout
Los Angeles Resources
- •Immigration attorneys specializing in business immigration
- •USCIS California Service Center handles many H-1Bs
- •AAO located in Washington D.C. but handles LA appeals
- •Tech and entertainment industry immigration specialists
- •Arabic-speaking immigration services
- •Employer immigration compliance consultants
- •SoCal Immigration Services: Case analysis and documentation
- •University career centers for international students
FAQFrequently Asked Questions
Q:Should I appeal or file a new petition?
A: It depends on the denial reason and your timeline. Appeals take 6-18 months and don't guarantee success. A new petition, especially with premium processing, may get a decision in 15 business days. If the denial was based on missing evidence that you now have, a new petition often makes more sense. If USCIS clearly misapplied the law, an appeal may be worthwhile. Many attorneys recommend new petitions over appeals for practical reasons.
Q:Can I continue working while my appeal is pending?
A: No. Filing a motion or appeal does not extend your work authorization or status. If your H-1B was denied while you were in H-1B status, you lost authorization on the date of denial. You must stop working unless you have another valid work authorization (valid OPT, H-4 EAD, etc.). Working without authorization has serious immigration consequences.
Q:I was denied for specialty occupation. Is my career over?
A: No. Specialty occupation denials are frustrating but often overcome with better evidence. Key strategies include: expert opinion letters from professors in the field, detailed job descriptions showing degree-level complexity, industry surveys showing educational requirements, and professional association statements. Many specialty occupation denials are reversed with stronger documentation.
Q:My employer doesn't want to appeal. What are my options?
A: If your employer won't appeal, you have limited options as they are the petitioner. You could find a new employer willing to file a fresh petition (if you're cap-exempt or it's cap season). You might pursue alternative visas that don't require employer petition (O-1, EB-1A). Maintaining valid status while finding solutions is critical. Discuss with an immigration attorney about individual options.
Q:How long do I have to leave the US after denial?
A: There's no specific grace period after H-1B denial. Once denied, if you have no other valid status, you should depart promptly to avoid accumulating unlawful presence. Some people interpret the 60-day grace period rule to apply, but this is for termination of employment, not denial of extension. Consult an attorney immediately to assess your specific situation and options.
Q:Can I reapply for H-1B after denial?
A: Yes, you can file a new H-1B petition. If you're cap-subject, you'll need to go through the lottery again for a new fiscal year unless you're filing an amendment or extension of previously granted H-1B status. Address all reasons for the previous denial in the new petition. Using a different employer may help if employer-related issues caused the denial.
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