5 Common Reasons for EB-3 Visa Application Denials in 2024

Many foreign nationals consider the United States of America as the land of opportunity. But the biggest hindrance to getting a job abroad is the employment visa.

Everyone knows that applying for a visa would not be as easy as you are thinking. And yet, to receive a denied visa application is quite upsetting because you give a generous amount of time, effort, and money to submit all the requirements needed.

It might be stressful. But today, we would give you the insights and reasons about why most applicants receive visa denial. And so, review all the information we give you for you to avoid receiving a denied visa.

There are several common reasons why the EB-3 visa application denied or rejected:

The position could not provide the requirements needed for the EB-3 visa

Depending on what type or kind of visa the applicant is applying for, the requirements and eligibility may differ. We listed down the categories which are eligible for the EB-3 visa, also referred to as Immigrant Visa Preference Categories:

• Skilled workers. Immigration requires at least two years of experience or training, not seasonal or temporary. The skilled person must meet all the training, educational, or experience requirements of the employer’s job opportunity.
• Professionals require at least a foreign bachelor’s degree equivalent or US baccalaureate and a member of the profession.
• Unskilled Workers. Immigration requires less than two years of education, training, or experience, not seasonal or temporary.

The eligibility requirements also include a demonstration of the ability to do and perform work for qualified workers who are not present in the United States.

The employer could not provide enough requirements for the EB-3 visa.

The petitioner, the US employer, cannot meet the minimum requirements set by the Immigration and fail to comply with paying the offered wages as per priority date using the federal income tax return, an annual report, or even the financial audited statement. Then, Immigration could deny your visa application for EB-3 according to Ashoori Law.

Denial Due to Ineligibility

There are several reasons for ineligibility to approve your application for a visa that gives the immigration authorities the right, based on the law, to deny your visa application. It includes the following:

• Health-Related

Suppose the applicant is not capable and failed to submit to the Immigration a health or medical record from a professional and licensed doctor. Then, its visa application is subject to denial.

• Criminal Related

Suppose the applicant is guilty or convicted of different crimes, including multiple crimes, moral turpitude, and specified crimes such as prostitution, drug trafficking, money laundering, commercialized vice, fraud, etc.

• Security Related

If the applicant fails to demonstrate and obey the security laws and the US foreign policy, then the visa application is subject to denial.

• Public Charge

Suppose the applicant becomes dependent on the United States government for financial support or long-term care. Then, the visa application is subject to denial. The consular officer or the USCIS who reviews the applicant’s case may determine whether the applicant is subject to public charge by considering the applicant’s assets, resources, age, health, lifestyle, education or skills, family status, etc., the financial status when the time of applying.

• Immigration Violators

Suppose the applicant entered the United States of America illegally, such as abusing and disregarding the visa process, entering in as a stowaway, failing to attend the immigration removal proceedings, gaining entry pass by misrepresentation, like violating the terms and conditions of the applicant’s visa. Then, the visa application is subject to denial.

• Failure to Meet Application Requirements

If the applicant could not provide and submit the following requirements asked by the Immigration, including the fees, numerous forms, and other supporting documents for the application for EB-3 visa.

• Failure to Attend Appointments

Suppose the applicant fails to meet the interviewer and no-show to the appointment scheduled to process the visa application. It could cause the applicant to receive a denial notice.

• After Filing of I-140, the applicant changed Jobs 

If the applicant changes employers and already has an approved form of I-140 visa petition, the applicant would have to meet specified requirements needed again to submit because of the new job to qualify the applicant in approving the visa. If the applicant fails to submit and meet the requirements, then the visa application is subject to denial.

• Denial of Underlying Visa Petition

If the applicant’s employer or sponsor fails to submit or make a petition on Form I-140, then the visa application is subject to denial again.

• Denial Due to Error by Immigration Decision-Makers

Like most of the organizations, the consulates and USCIS have no flaws in checking the applicant’s documentation, fees, the spelling of the name, the correct date of birth of the applicant, and most especially, they could not fail to send you an important notice.

Although Immigration has a strict checking policy, when finalizing your papers, you have to review all of the data to avoid a denied visa application. There are times that they could make mistakes and errors that lead your visa application to denial. Therefore, be alert, wise, and keen-eye in every detail in your documentation to avoid errors.

Visa denial is a normal part of the process when you desire to work abroad because Immigration is very strict regarding a visa’s approval. Unluckily, several cases happen to end up denial of a foreign national visa application, especially in the United States.

It is frustrating to deny your visa application. However, if this is your first time and you have the guts to apply for an EB-3 visa, luckily, you go on the right page. We provided you all the possible reasons why visa applications get denied by Immigration.

You must take note, read carefully, and examine briefly all the ideas and insights we give you for you to prepare all the things you need to get your visa application approved when you file for it. We do hope that it would be a great help to you regarding this matter.