Understanding Requests for Evidence (RFEs) for H1-B visa

Requests for Evidence (RFEs) for H1-B visa

Did you ever receive a Request for Evidence (RFEs) from USCIS on your H1-B petition? Then you may be considering your options to act quickly and to compile, submit the important documentation that will help to outcome your visa application. There are several ways to approach your RFE. However, if you do not respond to the RFE on time with sufficient documentation, your petition will be rejected.

Importantly, if you get RFE, it does not mean denial of your visa application. It simply gives direction to your petition that has been considered for further evidence. It requires your qualification and a job offer from your U.S. employer, with your equivalent bachelor’s degree.

There are several reasons why USCIS may issue an RFE. Some of them are mentioned here,

Specialty Occupation Eligibility

Determination of ‘specialty occupation’ however lies when the petitioner did not establish that the position qualifies as a specialty occupation. The USCIS, whereas request for further clarification, for more details of the role. It includes employee duties and specific knowledge like organizational, industrial or technical.

Employer-Employee Relationship

This happens when the petitioner did not establish that they had a valid employer-employee relationship with the beneficiary. This includes the right to control the beneficiary’s work, the ability to employ, dismiss or supervise the beneficiary, for the duration of the validity period.

Beneficiary Qualifications

The USCIS may take out Request for Evidence (RFE) if the petitioner did not establish that the beneficiary was qualified to perform services in a specialty occupation.

Responding to an H1-B RFE

Responding to the H1-B RFE depends on the facts of your visa application. A partial response may even result in a denial. In case, is you do not have a particular document, it may be helpful to submit what you have. Moreover, check the last date of submission as failure to respond within the deadline will be taken by USCIS as denial of the petition.

If you’ve received an H1B RFE, then generally you should take professional advice with Foreign credential evaluators like International Evaluations. We can advise you with the best solution necessarily. 

David Spangler
David Spangler

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