What You Need to Know About Changes to H1B Visa Adjudication

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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 applicants must file the initial petition in completion, with all additional evidence and documentation included, preemptive of any RFEs the case is likely to trigger.

Getting it right the first time has always been key to a successful H1B season. Another change to come this April 2019 is that H1B applicants must file electronically at the normal time to be included in the lottery, but no paperwork is required to be filed UNLESS the petitioner is selected for the lottery.

However, if you, or if your employee or client is planning to petition for H1B status for FY 2020 you need to be ready to file an impeccable petition the first time because it is unlikely you will get a second chance. That means being aware of any potential RFE triggers inherent to your case, or your employee or client’s case.

To prevent a denial, it is important to include a credential evaluation in the initial petition to fill in any gaps between your education, or your employee or client’s education and the exact US degree needed for the job. This may include a work experience conversion to account for missing years of college.

To prevent a wage issue or specialty occupation issue – two interrelated issues which have been very prevalent in the past two H1B seasons – include an expert opinion letter in the initial petition that thoroughly explains how the job in question meets H1B specialty occupation requirements, and that the wage level is appropriate.

At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical.

Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com/ and we will get back to you in 48 hours or less.

This article was written by Rebecca Little

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