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If an RFE arrives instead of an approval, it means the H-1B petition did not make a clear enough case that the job, employer, and beneficiary met the eligibility requirements. The first step is to find out what caused the RFE. The goal is not to place blame, but to
When USCIS finds one problem with an H-1B petition, they may find additional concerns. One RFE issue can lead to closer review of the entire case, creating what is sometimes called a Nightmare RFE. This type of RFE can be extremely difficult to answer within the given timeframe because it
This year, we are seeing RFEs that raise several concerns at once, including specialty occupation, wage level, and education issues. When USCIS identifies one problem with a petition, additional questions can follow, creating an RFE that may be difficult to answer. If you, your employee, or your client receives this
Immigration policies continue to change, and several recent developments could have a significant effect on individuals, families, employers, and foreign nationals planning to live or work in the United States. Effective August 5, 2026, USCIS has restored greater discretion for officers to deny certain immigration benefit requests without first issuing
A credential evaluation for H-1B immigration purposes typically takes three to seven business days under standard processing, from the time the evaluation agency receives all required documents. Expedited options can reduce this to one to two business days at most agencies. The total time from starting the process to having
Both EB-2 and EB-3 employment-based immigrant visa petitions may require a credential evaluation when the qualifying education was earned outside the United States, but the analytical requirements differ significantly between the two categories. EB-2 advanced degree cases require the evaluation to establish a higher degree equivalency, and for foreign nationals
A single source degree is a single academic credential, one degree from one institution, that on its own establishes the educational equivalency required for an employment-based immigrant visa petition. For I-140 petitions, particularly EB-2 advanced degree cases, USCIS applies this standard in a way that differs significantly from how educational
Yes, a rejected H-1B petition based on a three-year Indian degree can often be addressed through a motion to reopen, a new petition filing, or an RFE response with stronger credential documentation. The outcome depends on what specifically was found insufficient and whether the documentation gap can be closed with
When USCIS issues a Request for Evidence questioning your educational qualifications in an H-1B case, you have a defined window to respond with additional documentation. The RFE is not a denial. It is a formal request for clarification, and a well-prepared response that directly addresses the officer’s stated concerns gives
When an H-1B petition is denied, you still have recognized pathways available depending on the specific grounds stated in the denial notice. For Indian professionals and other foreign nationals currently in the United States, the first practical step is reading the denial notice carefully, the reason USCIS cited determines which
