The H1B visa application process can be tricky. One common challenge is getting a Request for Evidence (RFE) from USCIS. An RFE asks for more info or documents to back up your H1B visa petition. Getting an RFE might seem scary, but it doesn’t mean your application is doomed. In 2019, 62.7% of H1B visas with an RFE were approved, showing the value of a good response.
This guide will help you handle an H1B RFE step by step. We’ll show you how to give USCIS the right info to decide on your visa. By doing this, you can boost your chances of getting your H1B visa.
Key Takeaways
- An H1B RFE is a request for more evidence from USCIS, not a denial of your visa application.
- Timely and thorough responses to an RFE are crucial to avoid petition rejection.
- RFEs can be issued for various reasons, including eligibility, employer-employee relationship, and degree qualifications.
- Seeking professional legal advice can be beneficial when responding to an H1B RFE.
- Providing accurate and comprehensive documentation is key to a successful RFE response.
Understanding the H1B RFE Process
The H1B visa application process can be tricky. One big challenge is getting a Request for Evidence (RFE) from USCIS. Knowing how to handle an RFE is key to a successful visa petition.
What is an H1B RFE?
An H1B RFE is when USCIS asks for more info to check if you qualify for a visa. They might need more proof of your job’s specialty, questions about your work relationship, or if your degree fits the job.
Common Reasons for Receiving an RFE
USCIS might ask for more info for several reasons, including:
- Not showing that the job is a specialty occupation
- Not proving a real employer-employee relationship
- Not showing specific, real jobs in a specialty field
- Not proving you’re qualified for the job
- Challenges in showing you’ve kept your current status
- Not proving specific, real jobs in a specialty field
Importance of Timely Responses
It’s very important to answer an RFE quickly. USCIS only gives 86 days to do so. If you don’t, your visa petition might be denied. So, it’s crucial to answer fast and fully.
Knowing about the H1B RFE process and why you might get one can help. It makes your visa application journey smoother and increases your chances of success.
Preparing Your Response
Getting a Request for Evidence (RFE) for your H-1B petition can feel overwhelming. But, with the right steps, you can make a strong response. It’s all about gathering the right documents, organizing them well, and checking if your job fits the H-1B rules.
Gathering Necessary Documentation
Start by collecting all the documents the RFE asks for. This includes degree certificates, work records, job descriptions, and more. Make sure any non-English documents have certified translations to meet USCIS standards.
Organizing Evidence Clearly
After you have all the documents, organize them neatly. Put similar documents together and use tabs or dividers. This shows USCIS you’re serious about providing a complete and organized package.
Reviewing Job Descriptions and Requirements
Look over the job descriptions and requirements carefully. Make sure they match the H-1B specialty occupation criteria. Show the specialized skills needed for the job and prove the beneficiary has those skills. This will help answer USCIS’s concerns about the job.
By carefully preparing your response, you can better address the RFE and get your H-1B approved. Paying attention to detail and organizing well are crucial in this process.
| Statistic | Value |
|---|---|
| Probability of H-1B petition being selected for an RFE in 2019 | 60% |
| Approval rate for H-1B petitions selected for an RFE in 2019 | Slightly over 60% |
| Response time for an RFE | About 60 days |
| Increase in “Software Developer” petitions and decrease in “Programmer” positions post the USCIS Memorandum in 2017 | Yes |
“Responding before the deadline is crucial to prevent denial of the application or petition.”
Crafting Your Response Letter
When you get a USCIS Request for Evidence (RFE), you need to write a detailed letter. It should be professional and clear. Your letter’s structure is key to showing you’re qualified and have the right documents for your H1B visa.
Structure of a Comprehensive Response Letter
Start with a clear cover letter. It should list the main points and what’s in your package. This makes your response look organized and complete. Make sure your letter follows the RFE’s order, tackling each point one by one.
Give detailed answers to any questions, backed by solid evidence and documents. Expert opinion letters can be very helpful. They bring in professional views and insights.
Tone and Professionalism in Your Writing
- Keep your tone respectful and professional.
- Stay away from being defensive or aggressive. Instead, focus on presenting a clear, logical case.
- Use simple, direct language. This makes it easy for the USCIS to understand you.
- Check your letter for any spelling or grammar mistakes. This shows you’re detail-oriented and professional.
By writing a detailed, well-organized, and professional letter, you can tackle USCIS’s concerns. This boosts your chances of a successful H1B RFE response.
Addressing Specific Concerns
When you get a Request for Evidence (RFE) for an H1B visa, it’s key to tackle each issue USCIS raises head-on. This detailed approach can be the difference between approval and denial.
Responding to Each Point Raised in the RFE
First, read the RFE carefully to spot all the specific problems USCIS has. These might cover the specialty occupation, prevailing wage determination, or H1B eligibility criteria for the person applying. Write a detailed answer for each, backed by solid evidence to prove your point.
Including Additional Evidence as Needed
You might also need to add more documents and evidence to your response. This could be job descriptions, industry standards, expert opinions, wage data, and proof of the applicant’s skills and experience. A strong, complete case can boost your approval chances.
“USCIS mandates that expert opinions establishing US equivalency must come from a professor or official at a US university authorized to grant credit in the relevant field of study.”
To nail your RFE response, be thorough, organized, and ahead of the game. Anticipate USCIS’s worries and present a solid, evidence-rich case. This way, you can greatly increase your chances of getting the H1B visa approved.
Consulting Legal Experts
In the complex world of H1B visas and Requests for Evidence (RFEs), getting help from an immigration lawyer is crucial. You might think you can handle the RFE response yourself. But, there are times when H1B legal advice from a pro is essential.
When to Seek Legal Assistance
If you’re dealing with a tough RFE, it’s smart to talk to an immigration lawyer. They know a lot about USCIS rules. They can guide you through the details of your case.
- Specialty occupation RFEs that question the need for a bachelor’s degree in a specific field
- Employer-employee relationship concerns, such as offsite work or unpaid internships
- Discrepancies between your H1B petition and the Labor Condition Application (LCA)
- Unique circumstances, such as using Day 1 CPT or having a gap between degrees
Benefits of Professional Guidance
Having an experienced immigration lawyer on your side offers many benefits. They can help you get the right documents, write a strong response letter, and make sure everything meets USCIS standards.
- Identify the most effective legal arguments to defend your case
- Provide insights into USCIS’s decision-making process and common pain points
- Ensure your response is well-organized, clearly articulated, and supported by strong evidence
- Increase your chances of a successful outcome, as RFE responses prepared with legal guidance are less likely to result in denials
Remember, the stakes are high with H1B visas. Getting professional RFE consultation from a seasoned immigration lawyer is a smart move. It can save you a lot of trouble in the long run.
Finalizing and Submitting Your Response
As you get close to finishing your H1B Request for Evidence (RFE) response, it’s key to check your submission carefully. This is important to boost your chances of a successful visa application.
Double-Checking Your Submission
Before you send your H1B RFE response, make sure to review every document. Use the original RFE (the blue paper) as the first page. This makes it easy for USCIS to find and process your submission.
It’s also smart to send your response early to avoid delays. Use USCIS’s mailing addresses and keep copies of your documents for your records.
Tracking Your Response with USCIS
After you mail your H1B RFE response, you can track it online with USCIS tools. This keeps you updated on your case’s progress and prepares you for any new requests.
By carefully preparing and submitting your H1B RFE response, and keeping an eye on its status, you’re efficiently moving through the visa application. This increases your chances of a positive outcome.
“Responding to an H1B RFE is a critical step in the visa application process. Attention to detail and timely submission can make all the difference in the final decision.”
What to Expect After Submission
After you send in your response to the USCIS Request for Evidence (RFE), you can expect a 60-day wait. The USCIS will then review the extra info and documents you’ve given. They will check if they’ve been answered well enough.
Processing Times for RFEs
USCIS usually takes 60 days to process RFE responses. This time lets them look over your materials carefully. They then decide on your H-1B visa application. Remember, the time can change based on how complex your case is and USCIS’s workload.
Understanding Potential Outcomes
There are a few things that could happen after you send in your RFE response. You might get your H-1B visa approved, denied, or even get another RFE. If it’s approved, you’ll get a notice from USCIS. If it’s denied, the notice will tell you why and what you can do next.