A Reddit user shared a detailed account of their H-1B visa denial after receiving a Request for Evidence (RFE), blaming their employer’s lawyer for what they described as a procedural error that cost them their petition.

The post has since sparked discussions among professionals navigating the US work visa process.

LCA Mismatch Led to RFE and Procedural Error

According to the Reddit post, the individual’s H-1B petition received an RFE for two main reasons. “The LCA didn’t match the job—it was filed under the SOC (Mechanical Engineering Technologists & Technicians -17-3027) though my actual role is in Manufacturing Support – Cutting Tool Engineer, which more aligns with SOC Manufacturing Engineer-17-2112,” the user wrote.

They added that this mistake likely happened “because [the] lawyer didn’t understand my job correctly or prob because employer didn’t wanted to pay to Manufacturing SOC level.” The second concern raised by USCIS questioned whether the position qualified as a specialty occupation, a common issue for H-1B petitions in technical roles.

Certified LCA Filed Too Late, Causing Rejection

The user explained that their lawyer tried to fix the issue by submitting a new Labor Condition Application (LCA) under the correct SOC code and a higher wage level. However, the new LCA was filed after the H-1B petition submission—a violation of procedural requirements.

“Lawyer filed a new LCA with appropriate SOC code 17-112 and employer agreed to pay higher wage matching the SOC and built a specialty occupation argument. But she apparently didn’t know that the LCA must be certified before filing the petition, not after,” the post stated.

As a result, the U.S. Citizenship and Immigration Services (USCIS) denied the petition. The Reddit user admitted that the agency’s reasoning was fair: “With this procedural issue, USCIS denied it—and honestly, rightfully so. The denial letter said the new LCA can’t be accepted since it was certified after the filing date, so eligibility wasn’t established at the time of filing. They didn’t question specialty occupation though.”

MTR Appeal Considered, But Uncertainty Remains

Following the denial, the employer and lawyer reporterly offered to file a Motion to Reopen or Reconsider (MTR), relying on the initial LCA (17-3027). The user, however, expressed doubts about whether this approach would work.

They asked the Reddit community: “Does my case have any chance for approval with MTR appeal? How long it can take for a decision? Would this affect next year’s lottery or petition? I’m on STEM OPT till 2027.”