If an officer doesn't grant asylum, you have the right to take your case before an immigration judge. Asylum is a very compassionate exercise of the law, and many people have been saved through refuge and asylum.

Oftentimes that's the last they see of the employee, but that's OK because they can just hire the next person. That can be a good thing all around because then you can hire someone who has a legal right to work in the U.S. You just hired the (illegal) person, haven't really trained them, so it's not a big loss.