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Avoid the Double RFE in One Extra Preventative Step

H-1B visa registration for the 2021 fiscal year begins in just over a week.  Sponsors must submit their employee’s electronic registration between March 1st and March 20th to be eligible for the H-1B lottery.

While it may be tempting to wait until you hear back from USCIS to get started on the complete petition, being ready to file as soon as possible is essential if you want your H-1B employee to start working on time.  The approval process can take months, especially if there are multiple rounds of RFEs to answer.  Last year, many H-1B workers were late to start due to delays with the visa approval process, which was a detriment to their employers’ business and workflow.

To make sure you, or your H-1B employee or client starts work on time on October 1st, 2020, have the complete visa petition ready to file as soon as possible, and include one extra preventative step to avoid the Double RFE.  The Double RFE has become commonplace in the H-1B adjudication process and calls the specialty occupation and wage level into question.  Over the past few years, jobs that had never received RFEs questioning whether they met H-1B specialty occupation requirements received RFEs in unprecedented numbers.  Many of these RFEs were double RFEs that also questioned whether the H-1B employee was being paid the prevailing wage for the position.

To prevent this Double RFE – which may come in one or two rounds, stretching the process out for months into fiscal year 2021 – it is essential to submit an expert opinion letter with the initial petition.  This letter must be written by an expert in the field of the H-1B job with extensive experience working directly in the field.  This letter must address both how the H-1B position meets specialty occupation requirements, and that the wage level for the position was set appropriately with all factors taken into consideration.

At TheDegreePeople.com, we work with experts in every field who have over a decade of field experience and have held a wide range of positions spanning the industry, as well as positions of authority.  These experts have made hiring and wage level decisions and can lend validity to your case, or to your employee or client’s case.  This can be done with just one letter, with rush service options available.

As with every H-1B season, time is of the essence.  That does not change with the new application rules.  For a free review of your case, or your employee or client’s case, visit ccifree.com/.  We will get back to you in 48 hours or less.

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