x
(403) 452-9515
Ackah Business Immigration Law – Personal and Corporate Immigration
Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Book a Consultation

More Options...

What You Can Do If Your H-1B Visa Application is Rejected

Blog posted on by Evelyn Ackah in Business Immigration to Canada, Cross-Border Business and U.S. Immigration, U.S. Immigration and Business Visitor B-1 and B-2 Visas

What You Can Do If Your H-1B Visa Application is Rejected

On April 1, the United States opened annual applications for H-1B visas for skilled, educated foreign workers who want to work in the United States in fiscal year 2020, which begins October 1, 2019. With the many changes to immigration regulations in the U.S. Citizenship and Immigration Services (USCIS) under the Trump administration and the tightening of the H-1B visa application process, there will be many visa denials - including for highly skilled immigrants who already live and work in the U.S.

Only 85,000 sponsored foreign workers will be selected in the U.S. H-1B visa lottery. Of those who win the lottery, many will later be denied an H-1B visa because their job is not considered a "specialty occupation," or receive an RFE, a "request for evidence," that required more documentation, can take months to resolve and "often end in denials.' Within 5 days, USCIS reached the visa cap and closed applications.

USCIS is planning more changes to the H-1B visa system in 2020. For many skilled foreign workers who want to work in the U.S., Canada is an attractive option if you are denied an H-1B visa - or if you decide to forgo the U.S. lottery system altogether and make Canada your 1st choice immigration destination.

How To Move To Canada if Your H-1B Visa is Denied

Canada is actively recruiting foreign tech workers and new tech companies to help grow the economy in the face of an aging workforce. Canada immigration lawyer Evelyn Ackah explains the Canada immigration system for skilled foreign workers is very different than the U.S. immigration system:

I work with both Canada and the U.S. immigration systems, and fundamentally, our immigration system in Canada is very different from the United States. We have a need for highly skilled and educated foreign workers, and we have updated our IRCC laws and processes to make programs efficient and effective for both the worker and the companies who need foreign workers to help grow our economy.

Canada's government has new initiatives like the Global Talent Stream so that a qualified sponsored worker can have their immigration application fast-tracked and approved in as little as 2 weeks, and once settled in their new job, can begin the process to become a permanent resident and Canadian citizen.

Our Express Entry system is based on a scoring system of someone's skills and qualifications. Those with the highest scores are invited to move to Canada and become permanent residents - even if they don't have a job yet.

Many foreign nationals are giving up on moving to the U.S. due to the stress and cost of the H-1B visa process. The pressure and uncertainty of re-applying for their temporary work visa, plus the years-long backlog for U.S. green card applicants, are leaving many skilled workers already in the U.S. in limbo. According to U.S. foreign workers, "the H-1B system disproportionately affects Indian and Chinese immigrants." U.S. tech employers are frustrated by the process, particularly when a worker is approved for a 6-year H-1B visa, but the green card application system can take 9-11 years, requiring re-applications and additional costs and stress.

Are you qualified to move to Canada?
Check your Express Entry Score with our free calculator to see if you have the skills and education needed by Canadian employers.

Are You Living in the U.S. and Want to Move to Canada?
Download our free eBook: How to Move to Canada

Learn More:


Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

More About Evelyn L. Ackah, BA, LL.B.

How to Bring Foreign Talent to Your Company In 2 Weeks Under The Global Talent Stream

Hiring qualified, educated and experienced foreign talent is critical for Canada's economic recovery. The government welcomes foreign workers and has worked to introduce new ...

Read More

Executive Express Entry: How Business Owners Can Become Canadian Citizens

BOOK YOUR FREE CASE EVALUATION If you are a foreign business owner or entrepreneur who wants to move to Canada and become a Canadian citizen, now is the time to immigrate to Canada ...

Read More

1.5 Year Extension for Some Expiring U.S. Work Permits

The United States Department of Homeland Security announced a 1 1/2 year extension for some expiring work permits, including certain immigrants applying for green cards and spouses ...

Read More

NAFTA Treaty Immigration: The L-1 Visa for Intracompany Transfers to the United States

Global companies often need to relocate key managers and skilled foreign workers to their operations in the United States if a local worker is not available to fill the job. Employers ...

Read More

H-1B and L-1 In-Person Interviews Waived Through 2022

BOOK YOUR FREE CASE EVALUATION The U.S. State Department will waive H-1B and L-1 in-person interviews and other non-immigrant visa application interviews through 2022 ...

Read More

Impacts on Crossborder Canada and US Business Immigration Due to the Pandemic

Immigration Lawyer Evelyn Ackah discussed the significant impacts on business immigration between Canada and the U.S. due to Covid and the pandemic with Caravel Law. ...

Read More

Many thanks for the great news. I and my family are extremely happy and extremely thankful for the devotion and sincerity with which you processed this case. It was a complex case and without your special attention, things might not have this great outcome as we have. We will be submitting our passports on Sunday to the embassy as per instructions in the letter and I will keep you updated on the progress. Many thanks once again and looking forward to see you folks soon.

– A.A.

View All Testimonials