H1B petitions are increasingly subjected to request for evidence (RFE). The modern day reasons for a request for evidence 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 just a few.
Request for evidence from the agency should be welcome because and 'rfe' indicates that the officer considers the h-1b petition approvable and needs additional evidenceto approve it as apposed to a notice of intent to deny that signals the adjudicator is adversely disposed. Sometimes petitions may receive a notice of intent to deny while it is possible that the adjudicator may issue an outright denial. As a rule, RFEs must be timely responded, before the petition can be approved.
Usually, 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, which is strange because a medical doctor position is known to require a specialized knowledge. A careful and preemptive filing packet may avoid such RFEs.
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 frequent in a recent times with enforcement and meticulous compliance with 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 explain away these requests for evidence.
H-1B RFE Assistance for Employers and Professionals
Haranlaw assists employers and professionals responding to h-1b request for evidence, including specialty occupation RFEs, employer-employee relationship questions, and maintenance of status issues.
Based in Carmel, Indiana the law practice serves clients in Indianapolis, Fishers and throughout Indiana and also assists clients remotely serving employers and employees nationwide.