Is it possible for USCIS to deny the petition after the DOL approval?

Approval by the Department of Labor (DOL) is an important step in obtaining an H-2A visa, but it is crucial to understand that the process involves more than one review. Even after this approval, the petition proceeds to USCIS review, which may analyze the case differently and independently.

During the USCIS examination, several criteria are verified, such as the employer”s eligibility, compliance with the requirements established for the H-2A program, and the integrity and consistency of all submitted documentation. Therefore, situations may arise where the USCIS review generates doubts or identifies discrepancies that were not evident during the DOL phase, leading to the denial of the petition.

Thus, even with DOL approval, it is possible for USCIS to decide on a denial if it understands that the petition does not fully meet all legal and regulatory requirements.

It is important to emphasize that the immigration process is meticulous and each stage has its own analysis, demonstrating the necessity to closely follow all official guidance. For this reason, staying well informed about United States immigration laws is essential. Additionally, when seeking assistance, it is recommended to look for specialized and trustworthy sources and professionals, always with the goal of avoiding scams or unfounded promises guaranteeing results. This way, you put yourself in a better position to evaluate the process and make well-informed decisions during each phase of the procedure.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.