H1B petitions are increasingly subjected to request for evidence (RFE). The modern day reasons are too many but there are a few more commonly reported reasons: e.g. the position is not a specialty occupation or choice of wage level and sometimes even lack of qualification, to name a few.
Request for evidence are welcome because it indicates that the adjudicator is open to approving the petition and wants additional evidence. While at times petitions may receive a notice of intent to deny or an outright denial. As a rule, RFEs must be responded to, before the petition is approved.
When it is less than clear that the occupation required a bachelor’s or higher degree in a specialty area of knowledge, the adjudicator offers an opportunity to explain. But, surprisingly, other lawyers have reported that USCIS issued such an RFE for a physician position.
Frequently, there is a Level 1 wage RFE, which usually investigates whether the position deserved a higher wage level. Response to such an RFE must explain that there are no discrepancies in the required wage level and the H1B position and the justification for it.
RFE’s are becoming more common in a world with meticulous implementation of the immigration laws. However, it is possible to justify why the H1B employer chose level 1 wage for the specialized occupation. Many jobs are so specialized that the required skills are basic to the performance of job duties. These occupational skills can be learned in academic institutions or through practical training. It is much easier to explain why a position or the candidate does qualify for h1b category.
H1B wage levels may even include a wage range. Jobs with wages at the upper part of the wage range are more likely to face RFEs than wages in the lower part of the range.
An appropriate and timely response is the best way to go against these requests for evidence.