Overview
Navigating the H-1B visa process can be challenging, especially when encountering a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS). An RFE indicates that USCIS requires additional information to decide on your H-1B petition. Understanding common RFE reasons and how to respond effectively can significantly improve the chances of approval.
Common Reasons for H-1B RFEs:
- Specialty Occupation: USCIS may question whether the position qualifies as a specialty occupation that requires specialized knowledge and a bachelor’s degree or higher in a specific field.
- Employer-Employee Relationship: Insufficient evidence demonstrates that the petitioner has the right to control the beneficiary’s work, especially in third-party worksites.
- Beneficiary Qualifications: There are concerns about whether the beneficiary possesses the necessary education, training, or experience for the specialty occupation.
- Maintenance of Status: Issues related to the beneficiary’s prior immigration status, such as gaps or unauthorized employment.
- Availability of Work (In-House Projects): Doubts about the availability of specialty occupation work for the beneficiary within the petitioner’s organization.
- LCA Correspondence to Petition: Discrepancies between the Labor Condition Application (LCA) and the H-1B petition regarding job title, duties, or work location.
- Wage Level: Questions about whether the wage level designated on the LCA corresponds appropriately to the job duties and requirements.
- Availability of Work (Off-Site Employment): There are concerns about the availability and specifics of the work to be performed at third-party sites.
- Educational Degrees from Unaccredited Institutions: Issues arising from degrees obtained from institutions not recognized by accreditation bodies.
- Job Itinerary: A detailed itinerary is not provided when the beneficiary will work at multiple locations, making it difficult for USCIS to assess the nature and duration of the employment.
How to Respond to an H-1B RFE:
- Thoroughly Review the RFE: Understand the specific issues raised by USCIS to address them accurately.
- Gather Supporting Documentation: Provide detailed evidence, such as expert opinion letters, detailed job descriptions, contracts, and organizational charts, to substantiate your response.
- Consult with Immigration Experts: Seek guidance from experienced immigration attorneys to craft a comprehensive and effective response.
- Timely Submission: Adhere to the deadline specified in the RFE notice to prevent delays or denials.
People Also Ask (PAA):
- What is an H-1B RFE?
- An RFE is a request from USCIS for additional information to determine if an H-1B petition can be approved.
- Does receiving an RFE mean my H-1B petition will be denied?
- No, an RFE indicates that USCIS needs more information; it does not imply an impending denial.
- How long do I have to respond to an RFE?
- The response time varies but is typically between 30 to 90 days, as specified in the RFE notice.
- Can I submit additional evidence that was not requested in the RFE?
- Yes, providing supplementary evidence that strengthens your case is advisable.
- What happens if I don’t respond to the RFE on time?
- Failure to respond within the given timeframe can result in the denial of the H-1B petition.
- Can I appeal an H-1B denial after an RFE?
- You can file a motion to reopen, reconsider, or appeal to the Administrative Appeals Office (AAO).
- How can I avoid an RFE in my H-1B petition?
- Submitting a thorough and accurate petition with all required documentation reduces the likelihood of an RFE.
- Is premium processing available for RFE responses?
- If premium processing was initially requested, the expedited timeline continues after receiving the RFE response.
- Can I change employers while an RFE is pending?
- Changing employers during an RFE may complicate your case; consult an immigration attorney before making such decisions.
- What are the chances of approval after responding to an RFE?
- Approval chances depend on the adequacy and relevance of the evidence provided in the response.
Understanding the common reasons for H-1B RFEs and responding effectively can significantly enhance the likelihood of a successful petition. Proactive preparation and attention to detail are key in navigating the H-1B visa process.
Conclusion
Receiving an H-1B Request for Evidence (RFE) can be stressful, but it is not an automatic denial. Instead, it provides an opportunity to strengthen your case by addressing the concerns raised by USCIS. By carefully reviewing the RFE, gathering substantial supporting documentation, and working with an experienced immigration attorney, applicants can increase their chances of approval.
Key Takeaways for H-1B Applicants:
- RFEs are common and can be successfully addressed with the proper documentation.
- Timely response is crucial—missing the deadline can result in an automatic denial.
- Providing additional evidence beyond what is requested can help strengthen the petition.
- Consulting an immigration attorney can improve the chances of a successful outcome.
- Avoid RFEs by submitting a well-prepared, accurate, and complete initial petition.
By proactively preparing for potential RFEs, understanding the common reasons behind them, and responding strategically, applicants can more effectively navigate the H-1B visa process.
For expert guidance, case evaluations, and real-time updates on the H-1B visa process, RFEs, and approvals, visit cpthunt.org—your trusted source for navigating U.S. work visa challenges!
