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 identify the problem and provide the evidence needed to get the case approved.
Sometimes USCIS is responsible for the RFE. USCIS can issue an RFE even when a petition contains substantial supporting evidence. An RFE may question whether the position qualifies as a specialty occupation, whether the degree requirement is properly supported, or whether the evidence establishes eligibility. If USCIS has misunderstood or overlooked evidence, the response should clearly point to the documentation already submitted and provide any additional evidence needed.
Sometimes the RFE is caused by the attorney. A petition can contain filing errors, inconsistent information, or insufficient supporting documentation. If this happens, identify what went wrong and determine what evidence is needed to correct it. At this stage, the focus should remain on fixing the problem rather than simply changing attorneys.
Sometimes the beneficiary is responsible. An H-1B candidate may misunderstand the value or equivalency of a degree. For example, different degrees can have the same title in different countries, while the same type of degree can have a different title elsewhere. Inaccurate, incomplete, mistranslated, or poorly evaluated educational documents can also create problems.
Sometimes the credential evaluator or the evaluation itself caused the RFE. An evaluation for an H-1B case needs to consider the beneficiary’s education, the job, and the visa requirements. When work experience is used to establish educational equivalency, the evaluation must properly address that experience and the applicable requirements. A general evaluation may not be sufficient for a specific immigration case.
The same applies to an expert opinion letter. The expert should have substantial experience in the field of the H-1B position and provide an opinion based on the facts of the case. Simply teaching in a field does not necessarily provide the same type of professional experience as working in that field.
For third-party worksites, the employer also needs to establish that the beneficiary will perform qualifying, non-speculative specialty occupation work and that the employer-employee relationship will continue for the requested validity period. USCIS specifically considers these issues in third-party arrangements.
Identify what caused the RFE and determine which eligibility requirements need stronger evidence. Then fortify those areas with additional documentation, the appropriate credential evaluation, and an expert opinion letter when needed.
At TheDegreePeople.com, we help identify weaknesses in difficult H-1B cases and determine what evidence can be used to strengthen the response. The goal is to find the problem, address it directly, and give the case the strongest possible response.
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.
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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.
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