While the rate of H-1B RFEs has dropped, applicants selected in the second round of this year’s H-1B lottery are seeing a rise in the RFEs instead of outright visa approval.  The start of FY 2022 has come and gone, and RFEs further delay employee start dates, especially if round two arrives.

At CCI TheDegreePeople.com we work with complex RFEs every year and have developed a system for simplifying the process and successfully answering them.  We have consistently answered Double, Triple, and Nightmare RFEs.  Here is how:

First, read through the RFE and then put it down.  Second, go back to the original H-1B eligibility requirements and cross-reference it with the RFE to see where USCIS claims evidence is lacking in regard to the actual requirements. 

  • Education issues require a detailed credential evaluation written with the beneficiary’s education, work experience, proffered position, H-1B visa requirements, and USCIS approval trends factored in.  This will close any gaps between the education the employee has and the education the employee needs.
  • Address specialty occupation and wage level issues with an expert opinion letter written by an expert in the field of the H-1B job with extensive leadership and field experience.  The stronger the evidence and documentation you can provide, the stronger the letter and the RFE response in general will be. 
  • Employer-employee relationship issues can be addressed by showing how the employer will be able to control the work of the H-1B employee even at third-party worksites.  Consulting firms should provide a complete itinerary of work including customer and client contact information for the duration of the H-1B visa.

Always take USCIS approval trends into account because at the end of the day, the adjudicator is who you are writing to.  Take their current trends into account, complete and organize the petition, and triple check to make sure all answers are consistent.  Make it a good experience to read your petition.

When USCIS finds one problem with a petition, this sends off a red flag to look for more, which can snowball into several rounds of complex RFEs.  Before you file an RFE response, let us review your case to make sure you have covered all of your bases. 

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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