You are confused as to how to answer a Request for Evidence (RFE)? Perhaps it is not that hard as if, in case you didn’t know, here are 6 things that can be useful to you if you know about an RFE.
1. What is an RFE?
An RFE, or Request for Evidence, is an invitation from the USCIS in the form of a letter forwarded to the employer requesting them to present further evidence on the H1B petition or application filed for the foreign worker. In other words, an H1B RFE refers to a situation where your petition for the H1B visa will have to go through certain reconsideration requirements to come to a basic determination of whether you are eligible to receive the visa in the first place or not.
2. Why did we receive a Request for Evidence (RFE)?
If you have been issued an RFE, then this means that you have been asked to submit some documents that are relevant in assessing whether you are qualified to get an H1B visa. Thus, the current structure of the USCIS no longer accepts the factual information contained in the employment or other petitioners. Everything that you write has to be documented, starting from the facts and statements you are going to provide. If it occurs, however, you should not be afraid. At Document Evaluations, we are still here to assist with your H1B documentation and proof, despite an RFE being issued.
3. How long does it take to prepare the RFE response?
The process normally ranges from a few weeks to two months, depending on the preparation of the application. When responding tactically, you have to meet all the points that were in the RFE and reply to all of them. Quantitative content: Your documentation has to be logical, matter-of-fact, and substantiated. At International Evaluation, we wait for the petitioner and beneficiary’s responses to determine the level of responsiveness between the petitioner, beneficiary, and attorneys, and then prepare and submit a timely response accordingly.
4. In this case, the primary questions were: What are the typical H-1B RFE issues?
Have you received a request for evidence (RFE)? These are the reasons that could be possible for the failure to establish USCIS’ satisfaction:
- that the position qualifies as a specialty occupation;
- that the beneficiary has the required qualifications;
- availability of work (in-house)/employee relationship;
- that the beneficiary has maintained his/her immigration status; and
- The prevailing wage is appropriate.
5. How do we prove that the position is a specialty occupation?
Your H1B petition or application must prove to the USCIS that your position entails at least a bachelor’s degree or its equivalent in a specific specialty field, not a general field of study. The USCIS has recently been strict about specialty occupation definitions and proof submissions. Some of the things they demanded were synchronization between the work to be done, the employer’s profile, educational qualifications needed for the job, and if you have foreign national education translated into English.
There are four qualifying criteria to establish that the position is a specialty occupation:
- This position calls for at least a bachelor’s degree, among other things.
- It is considered that a bachelor’s degree is admissible as a primary qualification for the industry’s staff.
- The employer usually expects the candidate to possess a bachelor’s degree or any equivalent. The specific duties are so specialized and complicated that the job necessitates a bachelor’s degree holder.
- How do we establish that a bachelor’s degree is normally the minimum requirement?
To establish that the bachelor’s degree is the minimum requirement:
- Documentation of Employer’s Actuality and Substance of the Work and the H-1B Position
- Class and Division of Responsibilities and Training Needed
- Employers’ hiring practices
- Industry Requirements
- Third-Party Expert Opinion Letter
Conclusion
Don’t know how the RFE works? Document Evaluations can help. We advise you on how to file an RFE so USCIS can decide whether to approve your H1B application. We have a team of professionals who will now pay particular attention to the elaboration of the detailed job description to ensure that the activities are aligned and require the holder to possess a bachelor‘s degree in a given area of specialty. We work with the employer and the employee to capture all the necessary details to ensure that the evidence you are seeking in the RFE case is well documented. I congratulated him and wished him excellent luck with his application.
