With the rising rate of H-1B denials being overturned in appeals and recently declassified USCIS memos that clearly showed restrictions to H-1B approval without legal basis, it is clear that USCIS is issuing RFEs for approvable petitions.

H-1B extension petitions for the same jobs, beneficiaries, and petitioners that have already been approved are getting RFEs and Denial in record rates.  At the same time, while the H-1B petition denial rose to 24% this year from just 10% in 2014, the Administrative Appeals office reversed nearly 15% of these Denials in 2018, up from just 3% from the fiscal year of 2014 to that of 2017.  USCIS is wrongly denying and issuing RFEs for cases that should – and sometimes previously have been – approved.

That means if you received an H-1B RFE this season, there is a very high chance that there is nothing wrong with the petition.  However, USCIS adjudicators are still the gatekeepers for this visa, and that means you still have to play their game.

At CCI TheDegreePeople.com, we work with difficult RFEs every year, and we have an exceptionally high rate of success because we have honed our strategy and always keep one eye on USCIS approval trends.  Here is what we recommend:  First, read over the RFE with your team.  Then, put it down and go back to the basic H-1B eligibility requirements.  Then, overlay current USCIS approval trends to see where your case needs strengthening.  If there are wage level or specialty occupation issues, this will require a detailed expert opinion letter included in your answer.  If there are education issues, this will require a detailed credential evaluation included in your answer.  This is how we conduct a review of your case to determine where more evidence and documentation, and clarification is needed, and it works.

In the words of former Congress member Bruce Morrison of Connecticut, denying and delaying approvable petitions is, “Attacking legal immigration.”  We need to fight back, and we can win, one case at a time.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.

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