Winning Strategies for H-1B Petitions & RFEs

By Imagility

Posted in Attorney, Blogs
March 15, 2025

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The H-1B visa process can be complex, and with high competition and evolving immigration policies, getting a petition approved requires careful planning. Additionally, receiving a Request for Evidence (RFE) can be a hurdle, but with the right strategies, employers and beneficiaries can navigate these challenges successfully. Here’s how to build a strong H-1B petition and effectively respond to RFEs.

Building a Strong H-1B Petition

1. Ensure the Position Qualifies as a Specialty Occupation

One of the most common reasons for H-1B denials or RFEs is a failure to establish that the job qualifies as a specialty occupation. USCIS requires that the role must normally require at least a bachelor’s degree in a specific field.

You can strengthen your petition by

clearly outlining job duties and explaining why a degree is necessary.
adding a reference to the Department of Labor’s Occupational Outlook Handbook (OOH) to support the degree requirement.
providing job postings from similar companies that require the same qualifications.

2. Select the Correct SOC Code

The Standard Occupational Classification (SOC) code plays a crucial role in determining whether the position qualifies as a specialty occupation and whether the offered wage meets prevailing wage requirements.

Best practices for selecting the right SOC code

Choose an SOC code that accurately matches your job responsibilities.
Ensure the wage level is appropriate for the role and location.
Avoid SOC codes that commonly trigger RFEs, such as those with broad job descriptions.

3. Prove Employer-Employee Relationship

USCIS may issue an RFE if they question whether the employer has actual control over the H-1B worker’s job duties. This is especially common for consulting firms or third-party placements.

Here are ways to address this concern

Provide an employment agreement detailing work conditions.
Submit an itinerary with project details, supervisor information, and reporting structure.
Include letters from end clients confirming the beneficiary’s work assignments.

4. Demonstrate the Employer’s Ability to Pay

The employer must show they can pay the H-1B worker’s salary for the entire duration of the visa.

Key documentation to demonstrate employers’ ability to pay include the following.

Tax returns, audited financial statements, or annual reports.
Pay stubs or W-2 forms if the beneficiary is already employed.
Business contracts or growth projections if financials show losses.

Proactive RFE Prevention

Anticipate Potential Issues: Before filing, carefully review the petition for any potential weaknesses or inconsistencies. Address them proactively to minimize the risk of an RFE.
Provide Comprehensive Evidence: Don’t leave any room for ambiguity. Include all necessary supporting documents and clearly explain how they meet the requirements.
Strong Letter of Support: A well-crafted letter of support from the employer can significantly strengthen the petition. It should clearly outline the company’s need for the beneficiary’s specialized skills and the impact they will have on the organization.
LCA Compliance: Ensure meticulous adherence to Labor Condition Application (LCA) requirements, including proper posting and maintenance of the public access file.

Handling H-1B RFEs: Effective Response Strategies

Many assume that their petitions will be denied if they receive an RFE, which is not true. If you receive an RFE, don’t panic. It simply means USCIS needs more information before making a decision. A well-prepared response can significantly increase the chances of approval.

1. Review the RFE Carefully

If you receive an RFE, identify the specific issue raised by USCIS and gather the necessary documentation to address it. Common RFE reasons include specialty occupation concerns, employer-employee relationship doubts, or wage level issues.

2. Provide a Detailed Response with Strong Supporting Evidence

Submit an expert opinion letter from a recognized industry professional to clarify specialty occupation qualifications.
Include detailed job descriptions and organizational charts to establish reporting structures.
Provide educational evaluations for foreign degrees if qualification mismatches are cited.

3. Meet the Deadline and Ensure Accuracy

USCIS provides a deadline for responding to an RFE, which is typically between 60 and 90 days. Missing the deadline will most likely result in a denial. Make it a practice to double-check documents for accuracy before submitting them to the USCIS.

Leverage Technology

Utilize immigration software platforms like Imagility to streamline the H-1B process, automate form generation, and track case statuses. This can significantly reduce errors and improve efficiency. Additionally, you can implement robust case management systems to organize documents, track deadlines, and manage client communication.

How Imagility Can Help

Navigating the H-1B process and RFEs can be challenging, but Imagility simplifies the journey with the following unique features

Automated Petition Preparation – Reduces errors and ensures compliance.
Smart Compliance Checks – Flags potential SOC code mismatches and wage issues.
Document Management & RFE Handling – Organizes supporting evidence efficiently.
Real-time Alerts & Case Tracking – Helps employers and attorneys stay ahead of deadlines.
RFE Response Builder – Streamlines RFE responses by providing structured templates, guiding users through detailed explanations, and ensuring all required evidence is included for a strong submission.

Don’t leave your H-1B petition to chance—streamline the process with Imagility!