Common H-1B RFEs to Expect This Year
Three (3) common Requests for Evidence (RFE) issued this year by the U.S. Citizenship and Immigration Services (USCIS) for H-1B petitions are categorized as Wage Level RFEs, Specialty Occupation RFEs and Education RFEs.
If USCIS feels the wage is too high or low for the position based on the wage level, duties and qualifications of the position they will issue an RFE. Employers must provide a detailed description analyzing the duties and factors taken into consideration when determining the wage level to overcome such a request.
Further, if USCIS questions that the offered H-1B position does not in fact require at a minimum a U.S. bachelor’s degree or higher, or a foreign equivalent, they will likely issue an RFE. Employers are encouraged to submit adequate documentation evidencing the need for the job Applicant to possess, at a minimum, the necessary advanced degree. Such evidence may include job ads, proof of past hiring practices and expert opinion letters.
If an H-1B Beneficiary has an incomplete degree, a degree in a different field than required for the position and/or a foreign degree, USCIS may issue an RFE requesting additional proof that the Beneficiary in fact possesses the appropriate degree. In this scenario, Employers are encouraged to submit a detailed credential evaluation to ensure the RFE is overturned.
Employers should note that each RFE response should be carefully crafted to tailor the individual facts and issues in their case. If you or an employee has received an RFE, the experienced immigration attorneys at Monty & Ramirez are here to help. Our attorneys have extensive experience drafting RFE responses to USCIS and can help facilitate the process in a timely manner in order to meet the USCIS’s strict deadline for submitting a response.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at