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 may include questions covering nearly every part of the petition. That is why it is also called the Kitchen Sink RFE. So how can beneficiaries respond to an RFE like this?
The answer is not to get caught up in the wording of the RFE. Instead, go back to the original H-1B eligibility requirements and work from the ground up, using those requirements and current USCIS adjudication considerations as the foundation. This means strengthening all areas of the case with additional evidence and documentation addressing employer-employee, wage level, and specialty occupation issues.
Include a credential evaluation that addresses any gaps between the H-1B beneficiary’s education and the H-1B position. An expert opinion letter can also strengthen the specialty occupation and wage level areas. For consulting firms and similar companies, include a complete itinerary of the H-1B employee’s work for the entire requested validity period, along with client contact information. USCIS guidance for third-party worksites also focuses on specific, non-speculative specialty occupation work and the employer-employee relationship throughout the requested period.
The more information you provide in the initial petition, the better chance you have of preventing the Nightmare RFE. That means including an expert opinion letter, credential evaluation, and work itinerary in the initial petition when they are relevant to the case.
It is also important to keep an eye on USCIS adjudication trends when preparing the initial petition. At TheDegreePeople.com, we pay close attention to RFE and denial triggers and advise clients based on the issues commonly raised in H-1B cases.
A strong, clear, and well-documented case is the best defense against the Nightmare RFE.
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.
To get your free case review, visit www.ccifree.com today.