I-140 Appeals

I-140 Appeals
Labor / Perm Certification

 

If your immigrant visa petition is denied you generally have a right to appeal. Unfortunately, the appeal process is quite lengthy and may not necessarily  be worth filing. The primary reason for denial of immigrant visa petitions is that the individual applicant lacked the required experience for the job being offered at the time of filing the petition or the employer failed to demonstrate their ability to pay the offered wage. Mr. Nicelli has had a number of decision reversed in favor of the of the job applicant due to the U.S. Immigration Examiner’s misinterpretation of the employer’s income tax returns or financial statements, as well as letters of past experience. When the error made is clear and it is determined that the denial of the petition is in error, often a motion to reconsider the denial of the decision could be filed saving many months of processing times. Often the issues are complex and will only be resolved by an experience immigration lawyer.