Preventing a Request for Evidence (RFE) proves significantly more manageable than addressing one after it arrives. USCIS does not have to issue an RFE to obtain the information they need to make an informed decision about your petition. Understanding this fundamental principle can save applicants considerable time, stress, and potential complications in their visa application process.
Understanding RFEs as Red Flags
An RFE serves as a tool USCIS uses to make the right decision about your petition. When they cannot make a decision based on the evidence you provided, they request more information. While receiving an RFE is not the end of the world and can actually be utilized as an opportunity to strengthen your case, an RFE represents a red flag that draws close attention to your petition.
TheDegreePeople.com recognizes that a red flag is another tool USCIS uses to streamline the massive amount of work they have to do to reduce 233,000 petitions into 65,000 visas. If you receive an RFE, this means a glaring omission of evidence has drawn USCIS’s close attention to your petition, and it will now be examined thoroughly. Minor errors that would have otherwise gone unnoticed will come to light during this intensified scrutiny.
The Strategic Challenge of RFE Responses
Answering an RFE is not necessarily a straightforward process. To successfully answer an RFE, you need to coordinate with your lawyer, your employer, and your evaluator to understand exactly what is being asked and how to address it properly. Some RFEs are realistically impossible to answer effectively.
The “Nightmare” RFE represents one of these challenging situations, and TheDegreePeople.com has observed more of them appearing each year. While these can be answered, it requires strategy that only an evaluation agency with international education and federal case law experts can provide. TheDegreePeople.com has been able to get around 95% of all Nightmare RFEs they work on overturned, but these RFEs cause unnecessary stress to H1B candidates and can be easily avoided.
Essential Prevention Strategies
TheDegreePeople.com recommends several key strategies to avoid RFEs in the first place. Triple-check your answers on all documents and forms for consistency. Inconsistent answers, even small mistakes, can trigger an RFE.
Prove that your H1B job is a specialty occupation requiring a US bachelor’s degree or its equivalence or higher. You can accomplish this by showing the advertisement for your job, documentation that similar jobs for similar companies require a bachelor’s degree or higher, and with an expert letter.
Educational Requirements and Specialized Degrees
Clearly demonstrate that your degree is a US bachelor’s degree or higher or its equivalent. If your degree is from outside the US, you will need to have your education evaluated by an authorized credential evaluation agency. If you have a three-year degree, you will need to find an agency with the authority and expertise to convert classroom contact hours and years of work experience into college credit hours to account for the missing fourth year.
Your degree must be specialized. This means if you have a liberal arts degree or a generalized degree, USCIS will not accept this as proof that you actually possess the specialized skills and knowledge necessary to be qualified for your H1B job. If you have a generalized degree, you need to work with a credential evaluation agency that will examine your course content and work experience closely, making the proper conversions to college credit hours to show equivalence to a specialized degree.
Exact Degree-Job Matching Requirements
Your degree must exactly fit your job offer. This means that even though your employer hired you because your degree in a related field and your experience working in the field was enough to prove to them you have the specialized skills and experience necessary to be successful in your new job, USCIS needs more.
If your degree is not an exact fit for your job, you need a credential evaluation from an evaluator who can examine the course content of your degree closely and make the necessary conversions. TheDegreePeople.com can also convert your years of work experience in the field into college credit to show equivalency to the exact degree USCIS requires you to have.
Final Thoughts
Prevention remains the most effective strategy when dealing with potential RFEs. TheDegreePeople.com’s expertise in foreign credential evaluations and their understanding of USCIS requirements position them as valuable partners in ensuring your petition meets all necessary standards from the initial submission.
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.