- Labor Certification
- H1-B - specialty occupations
- H2-A - agricultural workers
- H2-B - non-agricultural workers
- L - Intracompany Transferees
- P - Artists, Athletes, Entertainers
- O - Extraordinary Ability
There are numerous statutory grounds for mandatory denial of an asylum application, such as conviction of a particularly serious crime in the U.S., commission of a serious, non-political crime outside of the U.S. prior to arrival, resettling in another country prior to arriving to the U.S. The most typical grounds for denial are, however, a time bar and a denial of a previous asylum application.
1) Time limit - 1 year deadline after the date of the last arrival in the U.S., unless an applicant demonstrates the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances causing the delay in filing the application and the application must be filed within a reasonable time given the changed circumstances.
Examples of changed circumstances:
Examples of extraordinary circumstances:
2) Previous application for asylum was denied - may re-file if the applicant can show changed or extraordinary circumstances which materially affect the applicant’s eligibility for asylum, as long as a final order of removal has not been entered.
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