Complex Requests for Evidence (RFEs) in H-1B visa petitions create substantial 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
Complex RFEs include several categories that applicants must recognize. “The Double” focuses on specialty occupation and wage level concerns. “The Triple” addresses specialty occupation, wage level, and education requirements. The most challenging is “The Nightmare” or “Kitchen Sink” RFE, which questions virtually every aspect of the petition.
TheDegreePeople.com recommends a strategic approach when facing these situations. 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
For specialty occupation and wage level issues, include an expert opinion letter that comprehensively covers both areas. 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 becomes crucial.
TheDegreePeople.com emphasizes the importance of addressing employer-employee relationship challenges, 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. 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 receives thorough review 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
For specialty occupation concerns, provide evidence that the position requires at least a bachelor’s degree in a specific field related to the job. 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.
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.
Final Thoughts
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.
TheDegreePeople.com specializes in overturning RFEs and Denials for work visas. The company works with professors authorized to grant college credit for work experience, writes every evaluation uniquely to fit the situation, maintains dedicated communication, and remains affordable even at the last minute.
About Sheila Danzig
Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.
Get a Free Review of Your Case
If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.
To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.