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Why might you be ineligible for a work visa?

On Behalf of | Jun 5, 2023 | IMMIGRATION & NATURALIZATION - Employment Immigration |

When you apply for a work visa in the United States, there is a very real possibility that you will receive a denial. If you do, the Department of State will provide a reason for your denial.

There are several reasons you may receive a denial on your visa application. The U.S. Department of State – Bureau of Consular Affairs provides examples of what the Immigration and Nationality Act considers “ineligibilities.”

Permanent vs. temporary ineligibilities

Ineligibilities fall into one of two categories: permanent and temporary. When an ineligibility is permanent, it means that you cannot overcome it via any means except via a waiver of ineligibility. To receive a waiver of ineligibility, you must seek and obtain authorization from the Department of Homeland Security. If an ineligibility is temporary, on the other hand, there are steps you can take to overcome it.

Examples of visa ineligibilities

Visa ineligibilities run the gamut, from incomplete applications to fraud or misrepresentation of material facts. Below are a handful of common reasons you may receive a denial on your work visa application:

  • You failed to provide all the required supporting documentation and/or to submit a complete application
  • You committed and received a conviction for a drug violation and/or a crime of moral turpitude
  • You misrepresented a material fact on your application and/or committed fraud
  • You failed to overcome a presumption of being an immigrant with intentions to stay in the U.S. and/or did not establish your eligibility for a visa category
  • You received two or more criminal convictions for which your jail or prison sentence was five years or more
  • You, prior to applying for your current visa, remained in the U.S. longer than the country authorized you to do so

These are just a few reasons the Department of State may deny your application. If you do receive a denial, or if you think you may, seek help with your application right away.