Receiving an RFE on your H1-B petition is frustrating to say the least, but you can also take it as a good sign. Your petition is still under consideration and you have a chance to strengthen your case.
When the USCIS issues an RFE, you will typically have 12 weeks to respond. Your deadline for response will be indicated in your RFE and you will want to respond BEFORE that day arrives. That means, once again, you have your work cut out for you.
RFEs are issued when a petition is lacking in evidence in one or more of the following three areas:
1) Your qualifications for your specialty occupation.
2) Proving your position is a specialty occupation with standard compensation and benefits provided.
3) The legitimacy and economic health of your employer.
While the second two areas are largely your employer’s responsibility to supply the evidence for your response, the first area is all on you. If your credentials and qualifications are in question, you need to be able to prove the US equivalency of your foreign education qualifies you for your specialty occupation. To do this, you need to submit a detailed evaluation of your foreign credentials from a credential evaluation agency with the authority to convert work experience and classroom contact hours into college credit hours. At CCI we have experts with this authority available 24/7 to help you.
For a free consultation on your RFE, call us at 1.800.771.4723 or visit us at cciFree.com
This article was written by Rebecca Little