Immigration

Question

Last year my friend got an H1B picked in the lottery which is a professional work permit.  He lost his H1B due to a crime incident where he was assaulted.  A Criminal Investigation is still pending and the suspect has not yet been found.   Now how can he reinstate his Last year's H1B Work Permit?  The employer has canceled his application due to not show-up as he was taking medical treatment at that time.

James L. Arrasmith · Answer

I'm sorry to hear about your friend's difficult situation. Losing an H1B visa due to circumstances outside one's control, especially being the victim of a crime, is very unfortunate.  
 
Unfortunately, once an H1B petition has been withdrawn by the sponsoring employer, as happened in your friend's case when he was unable to start work due to receiving medical treatment after the assault, it cannot simply be reinstated. The employer would need to file a new H1B petition on his behalf. 
 
The main challenges with this are: 
 
1. The H1B visa has an annual cap and is awarded by lottery. Even if the employer is willing to sponsor him again, the petition would need to be selected in the lottery, which is not guaranteed.  
 
2. The employer may be hesitant to go through the H1B process again if they perceive your friend as an unreliable employee for not starting work as planned last time, even though it was due to being victimized by a crime outside his control. 
 
Some potential options your friend could explore: 
 
- See if the employer would be willing to file a new H1B petition on his behalf. He should explain the situation that it was due to a criminal assault. Getting documentation from the police and medical providers about the attack and treatment could help demonstrate this to the employer. 
 
- Look for a new employer willing to sponsor him for an H1B. Again, selection in the lottery would not be guaranteed. 
 
- Explore other visa options he may qualify for, such as an O-1 visa for individuals with extraordinary ability or achievement in certain fields. Eligibility criteria for these are quite high though. 
 
- If he is married to a U.S. citizen or permanent resident, look into a spousal visa. Or if he has immediate relatives in the U.S., such as parents or siblings who are U.S. citizens, family-based immigration options. 
 
I'd recommend he consults with an experienced immigration attorney to assess his situation and determine the best path forward given his specific circumstances. He may be able to make a case for an extraordinary circumstance exception, though these are not easy to get. The criminal assault against him may help his case but won't necessarily solve the issue of his H1B getting selected again in the lottery or an employer being willing to sponsor him. 
 
I hope your friend is able to resolve this difficult situation and find a way to legally work in the U.S. again. Being the victim of a violent crime is already traumatic enough without it also costing someone their visa and livelihood. I wish him all the best and hope he is recovering from the assault physically and emotionally.

Q: Immigration