The most common RFE reported by H-1B applicants has been Specialty Occupation issues.  However, this issue often arrives in tandem with Wage Level issues, creating the Double RFE.  Applicants for computer programmer jobs, entry level positions, and those making level one wages are at highest risk of this complex RFE.

Complex RFEs occur when USCIS finds one red flag in an H-1B petition, triggering a deeper scrutiny of the case.  This is when the chaos of USCIS approval trends kicks in and wreaks havoc on an otherwise unremarkable petition.  Instead of approval, or even a simple RFE, applicants are met

This is the second year of USCIS’ new two-step H-1B visa application process, and USCIS discovered a major issue.  Over 400 duplicate registrations were discovered in this year’s H-1B lottery.  This is when multiple employers file H-1B registrations for the same beneficiary for the same position.  In some cases, companies

The best way to prevent or address education issue RFEs for H-1B petition filing is to include a credential evaluation that closes any gaps between the education the beneficiary has and the education USCIS will approve.  If any of the following situations apply to your case, you need a credential

H-1B beneficiaries with education credentials earned outside of the United States need to include a credential evaluation in their initial petition.  This document shows USCIS the educational value of the foreign credential in terms of US academic value.  Since possessing a bachelor’s degree or higher is a central eligibility requirement

The notorious Specialty Occupation RFE has become a perennial roadblock to H-1B approval for applicants in positions that normally but NOT ALWAYS require a bachelor’s degree minimum.  Often, this issue grows into a Double RFE when the job is set at Level 1 Wages, causing applicants to revisit both specialty

To meet H-1B eligibility requirements, a job situation must entail an employer-employee relationship.  This essentially means that the employer has the right and ability to control the work of the employee.  Specifically, the employer may, “hire, pay, supervise, or otherwise control the work of any such employee.” Although this seems

Over the better part of the last decade, computer programmers have been running into H-1B eligibility issues for the first time.  This is because according to the Department of Labor’s Occupational Outlook Handbook, entry level computer programmers can qualify for a position with just an associate’s degree.  This is the

The Biden Administration announced that marriage-based Green Card interviews are waived under the following circumstance: This policy follows the logic – that has been obvious to most of us for a LONG time – that if everything is in order and checks out at the Service Center, then the foreign-born

Petitioners selected in the FY 2024 H-1B lottery have been notified and have 90 days from the date of notification to file complete petitions.  We are a couple weeks into filing season and there is no time to waste! While the rate of RFEs has dropped, applicants are still running