alfista1

Hi,

I work for a large global American company, Business Systems Analyst for more than 7 years now. I hold a Science degree from Oxford Brookes University.

Was offered a new position (Business Analyst) within the company, relocation to Texas and all expenses paid.

After several months of our law team working with immigration my visa was denied.

I was informed by HR it was everything they could do. Apparently my degree was not specifically related to the position even though I am experienced in the job already!

Very surprised that I was denied.

Is there anything I can do now or is that the end of the road?
Any other visa options or appeals available?

Lifetime opportunity for me and my family. We are completely gutted.

Regards

alfista1

I don't see that happening unfortunately.

What about appeals? Are they a waste of time? once they've decided that's it?

The whole idea of hiring us from the overseas offices was to fill a gap in the workforce in USA (travel industry GDS experience plus IT).

jxv73

Was your visa (the stamp they out on the passport) denied at the consulate? Or was the petition (where your employer asks for L1 classification) denied by USCIS?

If it's the latter, a new petition can be submitted, hopefully fixing whatever deficiencies there were on the first one. An appeal is possible but takes years to be decided.

jeffreyhy

Excellent question, thanks for asking it.

Regards, JEff

alfista1

The latter yes. My employer's Global Mobility department. They don't even have my passport yet.

I have just contacted the HR department to see if they can appeal (or submit a new petition - is it best for them to wait a time period?). Years really?
Well if I can get a visa approval in a couple of years still better than nothing.

Michael

I don't know if the same applies to a L-1B visa as a H-1B visa but the H-1B visa can use a combination of college and experience in the field to fulfill the requirement. 12 years of experience or a combination of experience and education is normally considered the same as a degree in that field. You could therefore attend one year of college in your field of expertise and that may also fulfill the requirement.

Orangepants

But a degree is not a requirement for an L1B. It is based on specialized knowledge - perhaps they have changed the qualifying criteria since I was applying in 2006? Did you get to see the petition before it was submitted? Can you get a copy now and get second opinion as to whether they submitted a "good" case?

Michael

That was confusing for me also since it has also been the specialized knowledge that was the requirement and not the degree but he stated in his original post that it was apparently denied since the degree was not in his field of expertise.

customsquestion

The question then becomes are they prepared to hold the post for you for x number of years? And are they prepared to send good money after bad?

jeffreyhy

Your work site was going to be your company's offices, not the offices of a client company?

Regards, JEff

alfista1

We have dozens of posts every month due to high attrition rates! There is always an opening for a BA position. Big company.


Yes at the main office in Texas. (1200+ employees).
The road is named after the company!

DavidLemon

Dell?

customsquestion

So maybe you can get a different post one more in line with the degree you hold ?

alfista1

Unfortunately they all fall under the Org 'Technology'.

lol good guess but no.
hint: it's a Drive not road.

customsquestion

So if the degree and lack of relevant degree is the situation then there might be nothing you can do then?