Applicants and Employers: Understand Your RFE

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If you get an RFE response to your H1-B visa petition, you AND your employer need to comprehend who is being asked to provide evidence for what. RFE will ask for more evidence regarding employer viability, the employer-employee relationship, and your credentials and qualifications. It’s important that everyone who needs to provide information be on board and knowledgeable of what is being asked of them.

Common RFEs that request evidence from both the employee and employer are regarding their relationship and the nature of the position. To qualify for H1-B status, you must have an employer-employee relationship that allows the employer to control your work, hire, fire and pay you. This may require a copy of your contract or other written agreement. You also must prove that your position is a specialty occupation by showing that similar companies require the same qualifications for positions similar to yours.

Employers are often requested to supply evidence of their own economic viability including payroll information and company returns. This is to prove that they do in fact exist and that they can in fact pay you.

RFEs directed at employees tend to be academic in nature. You may be asked to verify your credentials or prove that your foreign degree is equivalent to the US degree needed to fulfill the requirements for your specialty occupation. To do this you must get a credential evaluation from a qualified academic credential evaluation agency.

Make sure you respond to your RFE on time with all of the information requested sent in at once. This is your big chance to strengthen your case and have your visa petition approved.

If you got an RFE for an academic or educational reason, visit cciFree.com for a free review of your case.

This article was written by Rebecca Little

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