Every year, USCIS rolls out more monster RFEs that are impossible to answer by their own guidelines.  This includes the Nightmare RFE that has everything and its mailman in it and the Triple Threat RFE that calls wage level, specialty occupation, and education into question.  What happens when these two are wrapped up in one?

This nightmare of all nightmare RFEs is a panic attack.  However, the two together is not much different than one or the other.  Since the Nightmare RFE is virtually impossible to answer by its own directions in the timeline provided, a different approach is required, one that addresses all three issues tied in with the Triple Threat.

The key is to put the RFE down and go back to the original H-1B eligibility requirements and work from there.  Make sure that all criteria are met with added evidence and documentation.  If there are multiple ways to meet a requirement – like the specialty occupation requirement – pick two.  Include a credential evaluation filling in any gaps between the beneficiary’s degree and the specific advanced degree required for the position AND the visa.  Include an expert opinion letter covering specialty occupation and wage level issues.  Document the employer-employee relationship, especially if the position is at a consulting firm and ESPECIALLY if the H-1B employee will spend time at third party worksites.  You need to show how the employer will be able to control the work of the H-1B employee even offsite.  Include a complete itinerary of the H-1B employee’s work including contract contacts for the duration of the three-year H-1B visa period.  Make sure all answers are consistent across documents. 

The burden of proof on the petitioner has dramatically increased since 2017.  We are here to help.  At CCI TheDegreePeople.com we work with monster RFEs every year with a 96% success rate. 

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

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