An H1B RFE, or Request for Evidence, is a document that is sent by the United States Citizenship and Immigration Services (USCIS) to a petitioner or applicant. This document requests more evidence to be submitted in order to support the claim that the person meets the eligibility requirements for H1B status.
Reasons why the USCIS may send H1B RFE
There are a number of reasons why the USCIS may send an H1B RFE, and some of the most common include:
The petitioner did not provide enough evidence to support their claim that the beneficiary is a highly skilled worker who meets the criteria for H1B status
The beneficiary does not have a bachelor’s degree or higher in a field that is considered to be a specialty occupation
The petitioner has not provided evidence that the beneficiary will be paid the prevailing wage for their particular occupation in the area of intended employment
The petitioner has not provided evidence that the beneficiary has the necessary qualifications to perform the duties of their intended occupation
What to do y=if you receive an H1B RFE?
If you receive an H1B RFE, it is important to respond as soon as possible and to provide as much evidence as possible to support your claim. If you do not respond to an RFE or if you do not provide enough evidence to satisfy the USCIS, your petition may be denied and you may be unable to obtain H1B status.
There are pros and cons to receiving an H1B RFE. On the one hand, an RFE can be frustrating and may cause delays in obtaining your H1B status. However, on the other hand, an RFE can also be a sign that the USCIS is interested in your case and is giving you an opportunity to provide more evidence to support your claim.
If you have received an H1B RFE, the experienced immigration attorneys at Sullo & Sullo can help you to respond and to provide the evidence that is necessary to satisfy the USCIS. Contact us today to learn more.
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