Tag archive: h1b RFE

The good news is that we likely won’t be seeing many – if any – Nightmare RFEs this coming H1B season.  The bad news is that the reason is because the recent USCIS memorandum issued in September of 2018 now gives visa adjudicators the authority to reject petitions outright without giving the petitioner a chance…

When CIS finds one problem with an H-1B petition, they usually find more.  When education and specialty occupation issues team up to make for the Double Nightmare RFE, beneficiaries come up against a heavy burden of proof. CIS approval trends change every year, but there has been a trend towards tightening interpretation around every facet…

While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright. To qualify for H1B status a job must require a minimum…

When CIS suspects that a job does not meet H1B requirements for specialty occupation, in the past they would issue an RFE.  This year, beneficiaries are likely to just get a Denial. Over the next three weeks, we will look at three different jobs that have been specialty occupation RFE magnets in the past, what…

Effective now CIS will be issuing very few RFEs for H1B petitions. Adjudicators now have the initiative to deny petitions without first issuing an RFE. What does this mean? In practice, it actually means very little has changed. While denials are much more difficult to overturn than RFEs, it should not change the fact that…

This coming H1B season, visa adjudicators at CIS have adopted a memorandum to deny visa petitions without first issuing an RFE. A Denial is MUCH more difficult to overturn than an RFE and it is best to avoid them altogether.  This has lawyers talking about submitting expert opinion letters with the initial H1B petition to…

If you, or if your client or employee is planning to file for H1-B status for FY2020, the process has changed.  This coming season, you will still file the first week of April as always.  The good news is no paperwork must be submitted until AFTER your employee or client is selected in the H-1B…

If the petition process and first round of H1B RFEs aren’t stressful enough here comes round two of RFEs.  When CIS finds something wrong with a petition, it opens the floodgates to finding more details out of place that would have otherwise gone unnoticed.  The best way to prevent round two of RFEs is to…

This past July, USCIS announced a policy memorandum that took effect September 11th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE. Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that…

To meet H1B requirements, the employer must pay the H1B employee the prevailing wage for the position in that industry for companies of that size in that geographical location. Last year, we saw jobs with Level 1 Wages targeted both questioning the wage level and whether the job meets H1B specialization requirements. But what if…

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