6 Things You Must Know About Request for Evidence (RFE) for H-1B

Do not know how to respond an RFE? It is not difficult as in-case you don’t know, here are 6 things that can be helpful to you should know about an RFE.

1.What is an RFE?

An RFE, also known as a Request for Evidence, is a request from USCIS to provide further information relating to your H1B petition or application. Basically, an H1B RFE is when your H1B visa petition must be reviewed in order to determine if you are suitable to receive the visa in the first place or not

2.Why did we receive an RFE?

If you received an RFE, it is an indication that some of your documents are missing and are required to determine your eligibility for an H1B visa. USCIS no longer accepts the factual information provided by employers or other petitioners. All the facts and statements must be backed up with documentation. So, if it happens, do not be scared. At International Evaluations, we are here to help you with your H1B documentation and evidence, even though you received an RFE.

3.How long does it take to prepare the RFE response?

It generally takes a few weeks to two months to prepare and submit your H1B application. In order to strategically develop a response, you must cater to all the issues raised in the RFE and answer them all. Your documentation must be comprehensible and supported by strong evidence. At International Evaluation, we prepare and submit a timely response depending on the responsiveness between the petitioner, beneficiary, and attorneys.

4.What are the most common reasons cited in an H-1B RFE?

Have you received an RFE? These are the reasons that could be possible for the failure to establish to USCIS’ satisfaction:

  • that the position qualifies as a specialty occupation;
  • that the beneficiary has the required qualifications;
  • availability of work (in-house)/ employee- employee relationship;
  • that the beneficiary has maintained his/her immigration status; and
  • that the prevailing wage is appropriate.

5.How do we establish that the position is a specialty occupation?

Your H1B petition or application must demonstrate to USCIS satisfaction that your position requires at least a bachelor’s degree or its equivalent in a particular specialty field and not a general field of education. In recent years, USCIS has been significantly be strict in its interpretation of a specialty occupation and require evidences to proof. They required evidence between the work to be performed, the background of the employer and educational requirements for the position and if you have foreign national education translated in english language.

There are four qualifying criteria to establish that the position is a specialty occupation:

  • The position requires a Bachelor’s Degree at a minimum
  • A Bachelor’s degree is the common entry-level requirement for the industry
  • The employer normally requires a Bachelor’s Degree or its equivalent. The nature of the specific duties is so specialised and complex that the position requires a Bachelor’s degree.

6.How do we establish that a Bachelor’s degree is normally the minimum requirement?

In order to establish that the bachelor’s degree is the minimum requirement :

  • Evidence of the Nature and Complexity of the Employer’s Business and H-1B Position
  • Breakdown of Duties and Educational Requirements
  • Employer’s Hiring Practices
  • Industry Requirements
  • Third Party Expert Opinion Letter

Conclusion

At International Evaluations, we are here to help you if you do not know how an RFE works. When you submit an RFE, we guide you in the right direction so that USCIS can decide whether to approve your H1B application. We have a team of experts that will specifically focus on analysing the detailed job description to ensure that the duties are consistent with having a bachelor‘s degree in a specific field. We engage with both the employer and the employee so that we can do the documentation correctly to make your RFE case strong. Good luck with your application!

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David Spangler
David Spangler

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