Tag archive: H1B visa

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…

Education RFEs, wage level issue RFEs, and specialty occupation RFEs require H1B hopefuls and their teams to enlist the help of credential evaluators and experts for writing expert opinion letters, particularly for specialty occupation issues and for the evaluation as well. Choosing what evaluator or expert to work with can be daunting because writing evaluations…

Every year, H1B candidates face a higher chance of receiving an RFE instead of an outright visa approval. Every year CIS approval trends change and so do their accompanying RFEs. In the past, education issues have been central to CIS approval trends. This year, the big CIS RFE trend when it comes to H1B petitions…

When CIS finds a hole in an H1B case, they tend to find more. That means, when you answer the first RFE, it is important to prevent the second one even if only one issue is initially called into question. Two RFEs that are closely connected are specialty occupation and wage level RFEs. Even if…

For years, the scariest H1B RFE out there was The Nightmare, which had so many requests involved it was virtually impossible to answer on time by its own guidelines. CIS approval trends change every year. Several years ago, CIS stopped approving the visas of beneficiaries with degrees that did not exactly match their field of…

When CIS finds one problem with an H1B petition, that’s rarely the end of the story. Every year, many H1B beneficiaries answer one RFE just to receive another. The trick is to provide evidence to support all aspects of H1B requirements in the first answer, even if the RFE didn’t specifically ask for it. Just…

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…

MENU