Need Help? Inside Advice: How to Make Your H-1B Petition Virtually RFE-Proof

Securing an H-1B visa involves meticulous preparation to ensure your petition is resilient against the scrutiny of USCIS, especially when it comes to Requests for Evidence (RFEs). experts emphasize the importance of addressing the foundational H-1B eligibility requirements comprehensively and proactively in your petition.

1. Specialty Occupation

The cornerstone of H-1B eligibility is the job’s requirement for a minimum of a US bachelor’s degree or its equivalent in a field directly related to the position. In recent years, the interpretation of “normally requires” has been strictly applied as “always requires” by USCIS, raising the bar for proving eligibility. To navigate this, it’s crucial to amass and present compelling evidence of the job’s complexity and the necessity for specialized higher education. This can include job postings, historical hiring practices, industry standards for similar positions, and detailed descriptions of job duties that necessitate specific academic qualifications. An expert opinion letter from a seasoned professional in the relevant field can be instrumental in reinforcing the argument for the specialty occupation classification.

2. Wage Level

Demonstrating compliance with the prevailing wage requirements is pivotal. This involves providing detailed evidence of wage levels for similar roles in the same geographic area, considering factors like company size, industry standards, and the specific qualifications of the applicant. An authoritative opinion letter validating the wage level can significantly bolster this aspect of the petition.

3. Education

Discrepancies between the beneficiary’s education and the specific requirements of the H-1B specialty occupation are common pitfalls. Whether it’s a matter of a generalized degree, credentials from unaccredited institutions, foreign degrees, or even incomplete education, each scenario requires a bespoke credential evaluation. This evaluation should meticulously map the beneficiary’s academic and professional experiences to the demands of the H-1B position, factoring in USCIS trends and the precise nature of the job. Innovative approaches, such as converting relevant professional experience into academic credits through authorized professors, underscore the adaptability and depth of the applicant’s qualifications.

4. Employer-Employee Relationship

Validating the genuine employer-employee relationship involves more than just contractual agreements; it requires proof of the employer’s ongoing operational need and authority over the H-1B employee’s tasks and employment status. For roles within consulting firms or project-based work, a detailed work itinerary, including client information and project descriptions, is essential to establish the legitimacy of the employment arrangement.

By proactively addressing these core areas with detailed documentation and expert insights, your H-1B petition can stand strong against the potential for RFEs.

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Sheila Danzig

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

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