In the H-1B process, the approval of the petition by USCIS and the issuance of the visa at the consulate are two separate steps. The first confirms that the employer’s petition meets the requirements; the second, carried out by a consular officer, decides whether the visa will actually be granted.
Because each phase is evaluated independently, points that were not questioned during the petition stage may be revisited at the interview. A denial at this stage is often linked to factors such as:
- Inconsistencies between the documents and the information provided.
- Doubts about the actual relationship between employer and worker.
- Incomplete documentation or admissibility issues identified during the interview.
If this happens, seek to understand the reason given and gather evidence that addresses the officer’s concerns. Reviewing the USCIS guidance and consulting an immigration professional can help you determine the next steps with confidence.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.