What can I do after receiving H1B RFE? Common Reasons and Solutions

People often get excited when they receive the news that they have won the H1B lottery. Recently, students who won the lottery in April have received updates on their H1B application results. Some are happy while others are sad. Some have passed smoothly and are happily waiting for the activation of H1B in October, while others may receive RFE (Request for Evidence) notices, which rekindles anxiety and uncertainty.

An RFE is issued when the USCIS finds the initial application lacking in some way. While getting an RFE can feel like a big setback, it's important to remember it’s not a denial. It’s a chance to provide more information and possibly get your H1B approved.

Understanding Common H1B RFEs

1. H1B approval can only occur if it comes under the “Specialty Occupation” category and USCIS verifies whether the job falls under it or not. They look at:

The occupational description is in the Occupational Outlook Handbook (OOH). Whether the job is complicated, and to perform it, one must have a higher education degree. What is necessary in order to obtain similar jobs in other organizations of the same industry? Past needs of your company for this position.

What to do: Firstly, read the RFE notice CLEARY to get a feel of what USCIS wants from you. Relate studies to counter these considerations. External professional opinions can be solicited by preparing expert opinions from industry experts.

2. Remote workplace or third party USCIS needs to ensure that there is an employer-employee relationship in case of remot Arbeitgebs-Mitarbeiter Beziehung If USCIS approves the petition based on remote workplace or third party contractor another concern would be to ensure that there is a real employer-employee relationship. Moreover, an H1B employee must be supervised and controlled by his H1B employer.

What to do: Employment agreements proving the employer’s influence over your work and demonstrating a signed contract stating the rules regarding your employment.

3. Availability of Work (Off-site) This one is specially applicable for and IT consulting firms, if you work off-site, then there could be RFE asking, if there is enough work to keep you employed for the full H1B term of three years.

What to do: Consult with an H1B professional lawyer in order to maximize the probabilities of getting approval and collect new proof such as long-term work plans and third-party contracts.

4. Beneficiary Qualifications This RFE seeks to know if you have the right qualifications for the position.

What to do: Explain diploma, degree, or other education you received and your work experience especially when it relates to the position.

5. That is why Status F-1 students who are using CPT might be asked RFEs inquiring about their legal status

What to do: Ensure that an applicant avails working visa documents confirming that they had a valid legal status throughout the period of their stay and a commitment with the visa regulatory body.

6. Availability of Work (On-site) Most employers may be tempted to think that the existence of the position is questionable hence it should not be deemed necessary to employ foreign workers when small businesses can do the same.

What to do: All the business plans of the company can be provided along with the employment record that shows the similar position in the company and the details of the active projects that are currently running the company.

7. Original.showing disparities between the LCA and the petition causes RFEsOriginal Labor Condition Application (LCA) Correspondence to Petition LCA Correspondence to Petition Discrepancies between the LCA and the petition cause RFEs.

What to do: Any inconsistencies in documents offered to USCIS must be explained so that USCIS can understand why and where the contradictions are emerging.

8. For H1B extension petitions This RFE is concerning petitions for H1B status after six years in the workforce.

What to do: The requirements include the submission of documentation of filing of PERM or I-140 within such periods or of having an approved I-140 while waiting for an availability of the visa.

9. Travel Instructions for Third Party Employees Having business on several sites sets a strict traveling schedule for the employees.

What to do: Service dates and location; detailed schedules of events.

10. Application Fees Any errors concerning the application fees such as an inaccurate amount filled in, or missing signatures, can result in an RFE or rejection of the application.

What to do: Read through USCIS guidelines in this regard and make the necessary corrections if there is a problem with the fees charged.

Conclusion

Responding to an H1B RFE can be complicated and requires careful preparation. Even small mistakes can jeopardize your application. It’s a good idea to consult with specialized immigration attorneys to ensure your response is thorough and accurate, increasing your chances of getting the H1B visa approved.