Need Help? Reveal Best Practices For Answering Complex H-1B RFEs

Complex Requests for Evidence (RFEs) in H-1B visa petitions present significant challenges, often involving multiple aspects of eligibility. Such RFEs occur when U.S. Citizenship and Immigration Services (USCIS) identifies critical issues in a petition, leading to comprehensive case reviews. The complexity of these RFEs can range from issues with specialty occupation and wage level to more intricate problems affecting almost every aspect of the petition.

Understanding Complex RFEs:

  1. Types of Complex RFEs: These include “The Double” (focusing on specialty occupation and wage level), “The Triple” (addressing specialty occupation, wage level, and education), and “The Nightmare” or “Kitchen Sink” RFE, which questions virtually every aspect of the petition.
  2. Strategic Approach: Initially, thoroughly read the RFE with your team and identify the specific eligibility areas under scrutiny. Then, revisit the petition to identify and strengthen weak points.

Best Practices for Responding:

  1. Specialty Occupation and Wage Level: Include an expert opinion letter that comprehensively covers both areas for issues concerning specialty occupation and wage level.
  2. Educational Concerns: When education qualifications are questioned, a credential evaluation demonstrating the beneficiary’s academic credentials as equivalent to a U.S. bachelor’s degree or higher in the exact field of the H-1B job is crucial.
  3. Employer-Employee Relationship: For challenges related to this, especially in cases involving work at a third-party site, provide a detailed itinerary of work, including client or customer information and a description of how the employer will maintain control over the employee’s work.
  4. Additional Documentation: Depending on the RFE’s nature, additional evidence and documentation should be identified and included to build a robust response.

General Advice for RFE Prevention:

Ensure your petition is thoroughly reviewed for consistency across all forms and supporting documents. This includes verifying employment dates on resumes, correct spelling, and ensuring that the petition is organized and readable.

Addressing Specific Eligibility Requirements:

  1. Specialty Occupation: Provide evidence that the position requires at least a bachelor’s degree in a specific field related to the job.
  2. Education: If the degree specialization doesn’t match the H-1B job or if the degree was obtained outside the U.S., include a detailed credential evaluation. This may involve converting work experience into college credits.
  3. Employer-Employee Relationship: In cases where the beneficiary will work at a third-party site, it’s necessary to demonstrate that the employer-employee relationship will be maintained.

Remember, an RFE is not a denial but an opportunity to strengthen your case. By understanding the nature of complex RFEs and following these best practices, you can effectively respond to USCIS’s concerns and improve your chances of a successful H-1B petition outcome.

At CCI, we specialize in overturning RFEs and Denials for work visas. We work with professors authorized to grant college credit for work experience, write every evaluation uniquely to fit the situation, are dedicated to seamless communication, and are always affordable even at the last minute.

Let us review your cases at no charge what so ever at

Sheila Danzig

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

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