According to 8 CFR 103.2, U.S. Citizenship and Immigration Services (USCIS) may request missing initial evidence for a benefit request within a specified timeframe if all the required initial evidence has not been submitted. In certain cases, USCIS may deny the petition for not submitting all the required documents or for not being eligible or issue an RFE requesting the petitioner to submit the required documents within a certain time period. This communication will detail the specific evidence required and provide ample information for the applicant to respond. In this blog post, we will explore the primary reasons why RFEs were issued for H-1B petitions in the last few years.
While there are several reasons why USCIS may issue an RFE, here are the top ten reasons why RFEs were issued in the past for H-1B petitions.
Top Reasons for an RFE
- Specialty Occupation: The petitioner failed to establish that the position qualifies as a specialty occupation under the defined regulations, i.e. section 214(i)(1) of the Act and 8 CFR 214.2(h)(4)(ii) and/or that it meets at least one of the four criteria in 8 CFR 214.2(h)(4)(iii).
- Employer-Employee Relationship: Insufficient proof of a valid employer-employee relationship between the petitioner and the beneficiary. The petitioner failed to prove that they had the right to control the beneficiary’s work, including hiring, firing, and supervising the beneficiary for the duration of the requested validity period.
- Availability of Work (Off-site): There wasn’t enough proof showing that they have specific and non-speculative qualifying assignments in a specialized field throughout the requested period.
- Beneficiary Qualifications: Inability to demonstrate that the beneficiary was qualified for the specialty occupation as per 8 CFR 214.2(h)(4)(iii)(C).
- Maintenance of Status: The petitioner did not prove that the beneficiary properly maintained their current immigration status. This category covers a range of factors that might have led to the status not being maintained
- Availability of Work (In-house): Similar to point 3, but concerning in-house positions. The petitioner didn’t prove that there were specific and non-speculative qualifying job assignments within a specialized field available in-house for the beneficiary throughout the entire requested period mentioned in the petition.
- LCA Corresponds to Petition: Failure to show a properly certified Labor Condition Application corresponding to the proffered position and terms of the petition.
- AC21 and Six-Year Limit: Lack of evidence proving the beneficiary’s eligibility for AC21 benefits or an H-1B extension within the six-year limit.
- Itinerary: The petitioner failed to meet the itinerary requirement (8 CFR 214.2(h)(2)(i)(B)), necessitating a detailed plan for services in multiple locations, specifying dates and places.
- Fees: Insufficient proof of payment for all necessary H-1B filing fees.
Understanding these common issues can help applicants prepare comprehensive and accurate H-1B petitions, reducing the likelihood of receiving an RFE.
How Can Imagility Help?
Reducing RFEs with Imagility: Ensuring Your H-1B Petition’s Success
The complexities of H-1B petitions can be overwhelming. Imagility specializes in streamlining the process, significantly reducing your chances of receiving an RFE. Our experts will help you ensure all necessary documents are present. With Imagility by your side, rest assured that your H-1B petition stands a stronger chance of approval, minimizing the risk of encountering RFEs. Stay informed and confident with Imagility’s dedicated support throughout your immigration journey.
Get in touch with us at +1 603 782 4622/+1 617 865 6588. to learn how Imagility can help your business.
Helpful Resources on RFEs
RFE: What is USCIS Request for Evidence & RFE Response Time?
Building RFE Responses: Essential Tips for IT Employers
