H-1B Visa Denial Case Study: Successful Appeal and Extension for Software Engineer

What was the core issue the client approached with?

Dr. Rohan Patel, a 42-year-old Indian national living in the United States on an H-1B visa, approached Gambourg & Read after his H-1B extension petition was denied by USCIS.
The denial was based on alleged issues with his Labor Condition Application (LCA) and questions surrounding his qualifications and experience as a software engineer.

What risks or threats was the client facing?

The H-1B denial placed Dr. Patel at risk of losing his work authorization, which could have led to immediate job termination and potential removal from the United States. His employer also faced possible Department of Labor compliance issues related to the LCA.

Dr. Patel had been employed by a leading New York tech company for over five years, contributing to high-profile software projects and earning excellent performance reviews.
However, when his employer filed the Form I-129 petition to extend his H-1B status, USCIS denied it, citing documentation discrepancies and questioning the validity of the Labor Condition Application.

What were the main challenges or risks involved?

• H-1B Denial: The refusal of the extension placed Dr. Patel’s job and legal residency at risk.
  
• LCA Issues: USCIS questioned whether the employer had paid the required prevailing wage and provided adequate notice to affected workers.
  
• Qualification Discrepancies: Minor inconsistencies between Dr. Patel’s initial visa application and his current employment records raised doubts about his eligibility.
  
  

What tactics and legal tools were used in the case?

The Gambourg & Read immigration team implemented a structured, evidence-driven strategy to reverse the denial and secure Dr. Patel’s status:

• Comprehensive Review:
  A full audit of the I-129 petition and all supporting documentation to identify weak points and inconsistencies in USCIS’s decision.
  
  
• Submission of Additional Evidence:
  
  
• • Updated documentation confirming Dr. Patel’s education, professional background, and continuous employment.
    
  • Employer’s tax filings and financial statements verifying business legitimacy.
    
  • Detailed clarification demonstrating full LCA compliance with prevailing wage and notice requirements.
    
    
• Preparation of Appeal Brief:
  
  
• • Addressed every USCIS concern point-by-point.
    
  • Explained that the noted discrepancies were minor and irrelevant to Dr. Patel’s qualifications.
    
  • Proved that all Department of Labor standards were properly met.
    
    

Were there any particular aspects of legislation or case law applied?

Yes. The appeal relied on:

• 8 CFR §214.2(h) — H-1B regulations governing specialty occupations.
  
• Department of Labor LCA guidance, confirming proper wage and notice compliance.
  
• USCIS precedent decisions establishing that immaterial inconsistencies cannot justify denial when eligibility is otherwise proven.
  
  

What was the result of the case?

After reviewing the appeal and additional evidence, USCIS granted Dr. Patel’s appeal and approved his H-1B extension petition.
He was issued a new I-94 card, restoring his work authorization and legal immigration status.

What did this result provide for the client?

• Employment Security: Dr. Patel maintained his role as a software engineer and continued his career growth in the U.S.
• Employer Compliance: His company demonstrated full adherence to federal labor and immigration laws.
  
  

Long-Term Stability: The approval allowed Dr. Patel to continue his immigration journey toward permanent residency.