Category archive: immigration

When CIS finds one problem with an H1B petition, they tend to find more. This year’s RFE trend we are seeing is wage level issues and specialty occupation issues going hand in hand to form a very difficult RFE to answer. Here’s how it works: CIS uses the US Department of Labor’s Occupational Outlook Handbook…

What do you do when you get an RFE with absolutely everything in it? Before last year, the Nightmare RFE was the scariest prospect for H1B beneficiaries, being virtually impossible to answer within the allotted timeframe by its own instructions. This year, we’re seeing the Nightmare RFE with specialty occupation, wage level, and education issues…

Last year, the Level 1 Wages RFE shocked computer programmers and their employers and lawyers. This year, we’re seeing RFEs that effect beneficiaries of all wage levels, and this tends to be combined with questions about the specialization of the job in question. Here’s how it works: if the wage is set at a level…

Every year CIS has gotten tougher on H1B candidates and every year approval trends and RFE trends change. The three big RFE issues to look out for this year – and may be including in combination in a single RFE – bring us back to the basics. To qualify for H1B status, a job must…

The first RFE isn’t always the end of it. If CIS finds one problem with an H1B petition it opens the door to a closer scrutiny of the case, which often results in finding details out of place that would have otherwise gone overlooked. Getting an RFE is rarely, if ever, the end of the…

When CIS finds one problem with an H1B petition, they tend to find more. RFEs regarding multiple issues are common, and one of the most frequent ones we’ve seen is the Specialty Occupation and Wage Level Double RFE. This RFE deals with two H1B eligibility requirements: The job in question must require a US bachelor’s…

What we are seeing this year is a huge run of RFEs when the Computer Occupations – ALL OTHERS is checked. Here’s the problem: when a job doesn’t exactly meet any of the titles offered on the LCA and ALL OTHERS is checked, CIS cannot reference the US Department of Labor’s Occupational Outlook Handbook (OOH)…

When an RFE arrives, it means CIS does not have enough information from the initial H1B petition to make a decision about your case, or your employee or client’s case. If you or your employee or client receives an RFE, don’t panic. RFEs have become very common, and can be a helpful tool to fortify…

Last year, we saw an influx of RFEs regarding whether the job in question was specialized to meet H1B requirements. To meet H1B specialization requirements, the position must require a minimum of a US bachelor’s degree or higher, or its equivalent for entry into the position. This must be an industry standard, or you must…

Ten years ago, receiving an H1B RFE was a relatively rare occurrence. Today, H1B applicants have about a one in three chance of getting an RFE instead of an approval. What does this mean for FY 2019 H1B beneficiaries? There is a strong chance the petition will receive an RFE. This does not mean the…

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