The H-1B visa is a critical pathway for foreign professionals to work in the United States, especially in specialized fields such as technology, engineering, and academia.
However, the journey to securing an H-1B visa can be complex, often involving a H-1B RFE (request of evidence) from the United States Citizenship and Immigration Services (USCIS).
An RFE is a request for additional documentation or information to help USCIS determine an applicant’s eligibility for the H-1B visa. Addressing an RFE promptly and effectively is crucial for the success of the H-1B petition.
Common Reasons for H-1B RFE
Specialty Occupation
One of the most frequent reasons for an H-1B RFE is that the job is classified as a specialty occupation. USCIS scrutinizes the job description to ensure it meets the requirements of a specialty occupation, which typically mandates a bachelor’s degree or higher in a specific field. To mitigate this, employers must provide detailed job descriptions that clearly outline the specialized nature of the role and its requirements.
Beneficiary Qualifications
Issues with beneficiary qualifications often arise, particularly concerning the equivalency of foreign degrees. USCIS may question whether the beneficiary’s education and experience align with the job requirements. Providing thorough documentation, such as academic transcripts, professional evaluations, and proof of work experience, can help demonstrate the beneficiary’s qualifications.
Labor Condition Application (LCA)
The Labor Condition Application (LCA) is another critical component that can trigger an RFE. USCIS may issue an RFE if there are discrepancies or missing information in the LCA. It is essential to ensure that the LCA is correctly filed and includes all necessary details about the job location, salary, and working conditions.
Employer-Employee Relationship
Concerns about the legitimacy of the employer-employee relationship can also lead to an RFE. USCIS requires proof that a genuine relationship exists and that the employer will have control over the employee’s work. Documentation such as employment contracts, organizational charts, and detailed descriptions of the reporting structure can help establish this relationship.
Additional Reasons
Other common reasons for an RFE include missing documentation, unclear information, or inconsistencies in the application. Ensuring that all forms are filled out accurately and that all required documents are included can help prevent these issues.
What to Do if You Receive an H-1B RFE
-Review the RFE Carefully
-The first step upon receiving an RFE is to review it thoroughly. Understanding the specific reasons for the RFE is crucial for crafting an effective response. Take note of all the points raised by ---USCIS and ensure you comprehend what additional information or documentation is required.
Gather Additional Evidence
Based on the RFE’s requirements, gather the necessary additional evidence.
This may include:
Revised job descriptions that highlight the specialty nature of the occupation.
Detailed documentation of the beneficiary’s qualifications, including degree certificates, transcripts, and professional evaluations.
Proof of the employer-employee relationship, such as contracts, organizational charts, and descriptions of the reporting structure.
Any other documentation that addresses the specific points raised in the RFE.
Step-by-Step Guide for Gathering Evidence
-Identify Specific RFE Points: Break down the RFE into specific points that need addressing.
-Collect Academic Documents: Gather all relevant academic transcripts, degree certificates, and professional evaluations to prove educational qualifications.
-Compile Work Experience Proof: Collect letters from previous employers, detailed resumes, and any other proof of relevant work experience.
-Revise Job Descriptions: Ensure job descriptions are detailed and clearly indicate that the role is a specialty occupation.
-Document Employer-Employee Relationship: Include detailed organizational charts, employment contracts, and descriptions of how the employee’s work will be supervised and managed.
Seek Legal Counsel
While it is possible to respond to an RFE without legal assistance, consulting an experienced immigration attorney can be highly beneficial. An attorney can provide expert guidance on the best way to address the RFE, help ensure that all necessary documentation is included, and increase the chances of a favorable outcome.