When USCIS finds one red flag in a petition, that triggers a scrutiny of the entire case which can lead to RFEs that are very difficult to answer.  The Triple Threat RFE can be triggered by wage level specialty occupation, or education issues, and escalates to a monster RFE that

With the new H-1B Interim Final Rule, it is more important this year than ever to make sure the H-1B employee’s degree specialization is an EXACT MATCH for the proffered position. The Interim Final Rule that goes into effect December 2020 narrows the definition of specialty occupation and codifies the

When USCIS finds one problem with an H-1B petition, they typically find more.  One red flag leads to a close scrutiny of the case and this leads to complex RFEs like the Double, Triple, and Nightmare RFEs.  The Double RFE that has become overwhelmingly common since 2017 takes issue with

The University of Pennsylvania’s Wharton School study conducted in July of 2020 confirmed that immigration is essential for economic growth in the United States.  According to this study, immigrants are 80% more likely to be entrepreneurial.  Furthermore, companies started by immigrants create 42% MORE jobs than businesses started by Americans. 

USCIS and the Department of Homeland Security have submitted an Interim Final Rule with request for comments, to go into effect December 7, 2020 which will restrict H-1B visa eligibility.  This rule will codify the USCIS approval trends we have been seeing since 2017. This rule changes the definitions of

The Department of Homeland Security and USCIS have submitted an Interim Final Rule that will go into effect on December 7, 2020.  This rule restricts H-1B eligibility by revising two key definitions, one of which has been blocking the ability of USCIS to illegally deny H-1B visas: “specialty occupation.” This

On March 30, 2020, USCIS announced that due to the COVID-19 crisis, RFE, NOID, and other notice respondents will have a 60-day grace period to file a response following the due date.  That means any response filed within 60 days of the deadline will be considered received by USCIS.  This

The rate of RFE responses to H-1B initial petitions held stead from the second quarter of 2019 this year, rising from 35.3% to 35.8% this year.  However, while in 2019 only 58.8% of RFEs were successfully answered, this year 68.2% were approved in the second quarter of 2020.  We at

Since 2017, H-1B visa applicants have faced specialty occupation and employer-employee relationship issues from USCIS wrongly adjudicating petitions based on the visa’s own eligibility rules.  So far, RFE and Denial responses and court challenges have been successful in overturning these decisions.  Now, a new regulation has been sent for review

RFE rates are still high for H-1B petitions, and processing delays due to the COVID-19 pandemic are making it even harder for employees to get their visas approved to meet their start dates.  Having to answer one or two – and sometimes as much as three – rounds of RFEs