Complex RFEs occur when USCIS finds one red flag in an H-1B petition, triggering a deeper scrutiny of the case. This is when the chaos of USCIS approval trends kicks in and wreaks havoc on an otherwise unremarkable petition. Instead of approval, or even a simple RFE, applicants are met with an RFE that calls multiple eligibility issues into question, sometimes becoming so complex that the request is virtually impossible to answer in the given timeframe by its own instructions.
Common complex RFEs:
- The Double – this one takes issue with Specialty Occupation and Wage Level
- The Triple – this one takes issue with Specialty Occupation, Wage Level, and Education
- The Nightmare – also known as the Kitchen Sink, this RFE takes issue with everything you can possibly imagine.
The best way to answer complex RFEs is to read through it with your team, identify which eligibility areas it takes issue with, and then put it down. Go to the petition and see where the case needs strengthening to clearly meet H-1B eligibility requirements.
For Specialty Occupation and Wage Level issues, the best practice is to include an expert opinion letter that covers both eligibility areas. For education issues, include a credential evaluation that clearly explains that the beneficiary has the US academic value equivalent of a US bachelor’s degree or higher in the exact field of the H-1B job. For employer-employee relationship issues, include an itinerary of the work to be performed for the duration of the visa period, including customer or client contact information and explanation of how the employer will continue to control the employee’s work offsite. Additional evidence and documentation will need to be identified and included to build the strongest response possible.
An RFE is not the best news, but it is NOT a denial. It is an opportunity to strengthen your case. We can help. For a free review of your case visit www.ccifree.com. We will respond in 4 hours or less.
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.