H1b rfe examples Fill h1b rfe sample form : Try Risk Free. Because there cannot be a grace period for accepting prior form Depending on the immigration application in which an RFE is received, the chances of approval will vary. H1B Visa. Real examples of H1B RFE’s, USCIS RFE Notices for all 10 H1B Visa RFE Reasons Employers can respond to this RFE by providing detailed, daily and duty-focused job descriptions and how they align with the specific degree requirements. Since I used almost all the same documents and the job is for the same position, I am a little worried that I am going to get a RFE. See Volume 12, Citizenship and Naturalization, Part B, Naturalization Examination, Chapter 4, Results of the Naturalization Examination, Section B, Continuation of Examination, Subsection 1, Continuation to Request B. The lawyer of my employer suggest me to work with my manager to prepare some work projects sample to support that, also I’m working with our HR team to do those advertisements to provide more evidence. doc), PDF File (. The RFE is one way the immigration authorities confirm that the information in the petition is accurate, and supported by valid documentation. For example, the petitioner is a healthcare provider, but all of the job postings are for IT companies. Responding to a Request for Evidence (RFE) from the U. The educational credentials part of an H-1B petition is an aspect that should ideally be addressed and documented in the initial H-1B petition filing because the strongest H-1B petition is one which makes a good Sample of “progressive” experience at different companies: LETTER #1: From January 1990 until April 1992, Mr. Employer Employee Relationship RFE Sample by USCIS; Services in Specialty Occupation at Third Party Off-site Employment RFE Sample Itinerary of Services (H1B RFE) Several Request for Evidences (RFEs) from USCIS ask to support the H1-B petition with how the petitioner's job duties will be split up and time divided for the duration the H1-B visa duration. 4%. docx), PDF File (. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; RFE stands for Request for Evidence and is issued by the USCIS prior to a final decision (approval or denial) of a petition or application. This type of RFE is typically issued when an employer is placing an H-1B employee at a third party work site or client office. Book Consultation; The documents listed as evidence for proofing an employer-employee relationship in the memoranda are only examples. chapstick. Here is the scoop with this year’s H1B filing: The RFEs are pouring in. Department of Labor (DOL) or since an immigrant visa petition (typically Form I-140), enabling you to apply for lawful permanent residence once a visa is available, was filed Understanding the Purpose of H1b Rfe Expert Letter Sample. Ramkumar_1980. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter While applying for H1B, her employer helped her to choose "active by reentry", which means she can use up the 2 months of her left STEM OPT first before activating her H1B. A Sample of H1B RFE Regarding Specialty Occupation . The RFE occurs because the adjudicating USCIS officer needs additional evidence in order to Below is a selection of cases, available to date, that contains the most effective judicial language that addresses commonly raised specialty occupation RFE issues. Below is what they asked in summary and copy of the A specialty occupation, a requirement for an H1B visa, involves the application of highly specialized knowledge, both theoretically and practically, with a minimum entry The RFE, or Request for Evidence, occurs after the initial H-1B petition is filed with USCIS. Before, an RFE Continue reading "H1B Visa For example, USCIS generally provides an applicant for naturalization 30 days (33 if mailed) to respond to an RFE. "Maintenance of Status" is the one that has been used the most frequently by CPT users. com +1-216-696-6170. H1B employer supervision: The H1B employee / worker supervises the employee off-site or on-site?. In order to implement these rules, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions beginning on Jan. If you receive an RFE, it is essential to respond promptly and thoroughly to address the USCIS’s concerns. It can be very tense moments for employer as well as employee. Typically, evaluators will use the 3-in-1 rule to determine your U. Please fill out this e-form: Cap Gap I-20 Request. Boundless offers dedicated RFE support, and with our 99. An example of this potential challenge would be a petition for an H1B visa for a financial planner who will work for a construction business. Didn’t that give options for H1B spouses. As per USCIS 2020 Report, there were about 35% of H1B petitions that ended up in Request for Evidence (RFE). 17 Jul 2023 ; Sample Letter from College Dean / Department Head (RFE H1B) I got a better offer from company B which is cap-exempt so they applied for H1b under premium processing ( day 11 out of 15 ) in California center. doc - Free download as Word Doc (. Visitor Visa (B2 Visa) Spouse Visa (K3 Visa) L1/L2 Visa; H4 Visa; Green Card; Sample Itinerary of Services (H1B RFE) 17 Jul 2023 ; Sample Employment Verification Letter for H1B Visa. Sample Letter from College Dean / Department Head If the petitioner receives a Request for Evidence (RFE) pertaining to his educational eligibility for the H1-B petitioned role in the organization, he has to respond with a detailed description of his academic background justifying his eligibility for the H1-B petition. My H1B got rejected recently with the reason of specialty occupation and my employer is going to file an appeal. 2% rate in FY2015. Don’t be late. Sample Cover Letters for USCIS RFE. An RFE is a form of communication between the USCIS and a petitioner where the USCIS asks for additional information necessary to judge a petition. All Visas. - School and daycare; - Gardener, house cleaner, and nanny; and - Any other recurring expenses. The top H-1B employers: learn about every company that received an initial H-1B approval in 2020. This article focuses on the most common RFE reasons (part 2). By the way, RFE stands for Request for Evidence. H1B - Ext RFE on ITU University accreditation By Sunnyraj, April 5, 2019. NOTE: we recommend waiting at least 2 weeks after you receive confirmation from USCIS that your H-1B petition was filed before submitting this e-form, to allow the data from USCIS to reflect accurately in your SEVIS record. This sample response serves as a letter from the petitioner’s Manager. 1 Cumulatively, the Trump Administration's policy changes had the effect of leading to a sharp uptick in Sample Level 1 RFE for H-1B Visa Petition As per Department of Labor (DOL), there are 4 wage levels. I would need your advice how to proceed further before my attorney responds to the RFE. However, an RFE is not a denial; rather, it’s a request for additional information to clarify or strengthen your visa petition. If the information provided on the I-129 petition does not match the information provided in the VIBE system, the USCIS officer will issue an RFE asking the employer to submit documents as An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. He got picked in the lottery first year, received an RFE for a DS job, and (and also who didn't get rejected) with their H1B when they have a non-CS background and applied Customer: Hi, I am Sharath, I got an RFE for my H1-B renewal. Chances of approval after an RFE rose to 68. A VIBE RFE is issued when the USCIS officer cannot verify the company information provided on the I-129 H1B Visa petition. 8%, with an approval rate of 91. Citizenship and Immigration Services (USCIS) when an H1B application doesn’t contain the evidence necessary to approve it. The H1B visa is for highly skilled workers coming to the United States with a US bachelor’s degree or higher, While this is just a sample for reference, US Visa & Immigration. A Request for Evidence (RFE) is a query from USCIS for additional information before deciding on a petition. I am now seeking an Employment Authorization Document [EAD] to lawfully be able work in the United States. Evaluations . Affidavit by a Co-Worker for H-1B - Sample 1. To Whom It May Concern. One of the more common RFE’s is the Specialty Occupation RFE. Co-worker affidavit Sample - Free download as Word Doc (. Example: People who got DS5535 after the H1B visa interview tried applying for H4 and they again got the DS 5535. Depending on which credential evaluation service you go with, processing time for H1B Education Evaluation is from 7 to 21 business days. I got RFE asking progressive work experience letter. Original RFE (must be on top) RFE cover letter (view an example) All requested evidence; Respond before the deadline. For information and details on concurrent h1b and US non immigrant visas, visit TechFetch H1B . "Employers report the time lost due to the increase in denials and Requests for Evidence The general public can visit USCIS’ website and view historical RFE data that dates to Fiscal Year (FY) 2017. From a high level, RFE trends tend to correlate depending on the executive branch. So while sponsored IT job roles account for a large occupational category of the H1B petitions filed by US employers each year, H1B specialty occupation job Hello, I am in process of my H1 extension and ended up getting an 2nd RFE. The previous H1b from company A was approved in about 7-8 days. Ultimately, the visa was approved only after getting DS 5535 security clearance. Now it seems appropriate to analyze the various possible strategies for responding to these RFEs, of which there are many potentially viable actions a petitioner and/or legal I just received my RFE for H1B amendment + extension, I moved from Client A to client B in US with same employer. immigration law. We have already responded to the RFE. XXX[DISCUSS THE EVIDENCE OF EARLY FILING]XXX I've noticed a lot of people have been talking about the spike in RFEs for H1B applicants. This will make the RFE more complex and harder to answer. If you sent only the first page of a bank statement, the RFE might ask you for the remaining pages. I have completed bachelor in MPC and having 12 experience in IT. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter In December 2024 DHS announced two final rules to modernize the H-2 program and the H-1B program. H1B RFE supplemental material is USCIS ‘summary of the H1B Conclusion. These assets include, but are not limited to: - Your individual bank statements; H1B Visa. Call for Examples to collect Level 1 and Level 2 RFEs, assess the scope of the trend, and identify patterns. An H1B RFE is a Request for Evidence issued by USCIS (United States Citizenship and Immigration Services) if you are enrolled in a Day 1 CPT program. An RFE notice may be given for a variety of reasons. Few items are straightforward like pay stubs, W2, tax returns and so on. The RFE usually begins by quoting U. Sample H1B Visa USCIS Notices. Regular H-1B. You should clearly write a role like a C++ programmer, For example – You have a relevant US bachelor’s degree or its foreign equivalent in the area, you have an H 1b job offer letter. You will find the following. institution. It details his responsibilities such as designing applications using C# and interacting with Oracle databases. *The following H1B Specialty Occupation RFE response sample of content assumes that a Got picked in lottery, received RFE for three things: maintenance of nonimmigrant status, employer-employee relationship and employment in specialty occupation. Sample H1B Visa Registration Lottery Selection Notice (Form I-797C) Sample H1B Visa Receipt Notice after filing Petition with USCIS; Sample H1B Premium Processing Receipt Email from USCIS; Sample H1B Approval Notice – I797A ( with & without I-94) Sample H1B Request for Evidence (RFE) Sample H1B Visa Denial H1B Visa. Like this thread 0 0. 8. If you receive an RFE, it is essential to respond promptly and thoroughly to address the USCIS’s A6: If the type of evidence requested in the RFE is not a document that is required by regulations, you may submit other similar probative evidence that addresses the issue(s) raised in the RFE. How does an RFE impact the extension of an H-1B visa? *The following H1B Specialty Occupation RFE response sample of content assumes that a position and beneficiary meet the USCIS requirements. 8% was much higher than FY 2015's rate of 22. John James was employed full-time (40 hours per week) as a junior software engineer (level I) with ABC As you know, H1B Visa Request for Evidence (RFE) can be very frustrating from everyone perspective as you would need to submit the info and wait for USCIS. 59 Votes For pdfFiller’s FAQs. In this blog post, we'll break down the common The most common type of Request for Evidence (RFE) that the USCIS issues is a specialty occupation RFE. A common H1-B RFE that employers receive during any H1-B cap season, and the H1-B cap season 2024 is no different. Understanding the reasons behind these requests and knowing how to respond effectively is crucial to ensuring approval of your H-1B petition. This letter has to be printed on the USCIS is usually very clear with their RFE and it’s a common theme for H1B application. He has extensive experience with all nonimmigrant matters, PERM labor certification, immigrant visa petitions, RFE responses, and AAO appeals Sample H1B Premium Processing Receipt Email from USCIS . It should go without saying, but you must respond on time. When applying for an H1b visa, it is not uncommon to receive a request for additional evidence from the United States Citizenship and Immigration Services (USCIS). 1-129 H1B RFE STANDARDS 1L9 M !B RFE (FH} Early Filing Early Filing: ~DHS regulations state that an H-IB petition may not be filed f:'-itfBff--morc than six months before the date of actual need for the beneficiary's services or training. It means that the USCIS requires additional documentation or information to make a decision on the petition. 7. One critical aspect of the H-1B visa application is education evaluations, a process An RFE is a red flag on your client’s petition that will instigate a close look at the petition that can uncover missed details that would otherwise go unnoticed. Receiving a Request for Evidence (RFE) for your H1B application can be unsettling, but here are some practical steps to manage the process effectively: H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, Example: The Computer programmer job’s requirement can be quoted from the OOH page. Hi all, i have got an RFE response for my H1B cap2020. More sharing options chapstick. One of the point in RFE is to provide the following Work product from Benefici Documentary examples of work product created by beneficiary . 3%. Education Evaluation for H1B Process Time. #1 The H1B visa process allows U. Below is a list of answers for frequently asked questions (FAQs) that anyone dealing with a transfer RFE could benefit from: How long does it usually take to receive a response to an H1B Transfer RFE from the This sample letter acts as a template for a supporting document when petitioning for a H1-B supported role or in response to a Request for Evidence (RFE) in. Couple of questions:- - It seems like a lot of people have implied that once you get RFE, there is an increased chance of your application getting rejected. Employers can provide expert opinion letter and/or a detailed statement from the Sample RFE for H-1B Visa Petition For LCA Requirements Before any employer can file for H-1B petition with the USCIS, a valid Labor Condition Application (LCA) must be with file the Department of Labor (DOL) and be approved and Understanding the most prevalent H-1B RFE issues is essential in preparing strong petitions that stand a higher chance of approval. right now we are trying best to gathering Notable examples include the EB-1C and the EB-2 NIW. org, we provide expert opinion letters to respond to USCES H1B Request for Evidence (RFE). Fees increased H1B rejections: non-CS background (definitive examples) I would like to collect cases who got rejected I have a friend who is an industrial engineer. While some companies seem to reuse a completed letter with little or no modification from the expert as their template, the team at ProfVal sees the goal of a template as providing clarity For example, the percentage of cases completed with an RFE was 21. Education Evaluation for H1B Sample. Any employer filing an H-1B petition should prove that the job specified is a specialty occupation In RFE response I submitted all payslips, W2 forms from beginning of OPT, previous employee offer letter, experience letter, i983s, sample code commit snapshots, list of all jira tasks, sample email communication, Snapshot of sample training/knowledge transfer videos, annual performance evaluation, 6 month STEM opt evaluation reports submitted to university, What is a Specialty Occupation RFE? Masters Cap: Determining master's cap eligibility (immi-usa. The most important thing to prove is that H1B Employer has the right to control over hiring, firing, paying along with when, where, and how the H1B employee performs the job. but got RFE for H4 EAD for missing photos. An H1B RFE from USCIS can be a major hurdle in your journey to secure or maintain your H-1B status. Between 7 and 21 business days. However, by 2021, the RFE rate decreased to 16. Although we are continuing to assess the scope of Level 2 and other trends, members of the AILA SCOPS Committee analyzed 187 RFE examples, and concluded that there For example, if you previously applied for a green card for someone else (an ex-spouse), but ended up withdrawing your green card application, you should include a written explanation. Understand the basics of RFEs, common reasons for issuance, and strategies To get an idea of what an H-1B Specialty Occupation response sample should include, see the general sections below. Properly managing a request for evidence (RFE) for an H1B visa transfer can be intimidating. richardtmherman@gmail. Sample Documents. We are planning to take the expert opinion letter from the end client but the client needs a sample or a template on how it is written. 0 replies; 528 views; sarada gatta; April 3, 2019 Examples of eligible H1B specialty occupations As the job role requirements for a H1B specialty occupation are relatively wide, the job does not necessarily need to demand a computer science degree. ELS Educational Services H-1B Expert Opinion Letters if you received an RFE, you may need a Specialty Occupation Expert Opinion Letter H1B Visa. Search for jobs related to H1b rfe job description sample or hire on the world's largest freelancing marketplace with 24m+ jobs. Citizenship and Immigration Services (USCIS) is crucial to the H-1B petition process. The RFE, which stands for Request for Evidence, is needed by the USCIS to come up with a decision for an H1B visa case. com) Study in the United States. I will list them below: Position Description: Provide a more detailed description of the work to be Hai there! I recently received an RFE for my H1B application and would love some feedback/any sort of sample documents in terms of duties breakdown etc. Rate free h1b rfe response sample 4. 3k Report What does H1B RFE mean? RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. The reason for these increases were largely due to the United States Citizenship and Immigration Services (USCIS) seeking out a higher standard of proof for approving these petitions, as required by An H1B Request for Evidence (RFE) is a request sent by U. 2% in FY2020 Q2, though this remains significantly lower than the 83. USCIS issued an RFE targeting on the Specialty Occupation issue. com) Common pitfalls in masters cap applications (murthylaw. Here is the text for the Specialty Occupation RFE: Sample REF Response to Educational Background. As H1 visa is for specialty occupation, USCIS routinely issues RFE (Request For Evidence) to make sure that all jobs offered meet such criteria. H1B under the Immigration and Nationality Act enables all the non-immigrant The processing time for an H1B education evaluation varies depending on the evaluation agency and the service level you choose. See 8 CFR 335. An RFE is not a rejection. FIS can assist immigration clients by referring to professors and industry experts to support petitions to USCIS and the Department of Labor (DOL) that determine foreign educational degree equivalencies of academic credentials, education plus professional work experience, H1B RFE rate in Q2 FY 2020 at 35. (RFE H1B) Home. USCIS data indicates that the Receiving a Request for Evidence (RFE) from the United States Citizenship and Immigration Services (USCIS) can be daunting, especially if you are in the process of obtaining an H1B visa. What Kind of H-1B Petitions Are Most Likely to Get the Specialty Occupation RFE? It is safe to say that few, if any, employers and positions are safe from the specialty occupation RFE. Off-site / Remote work Understand that there’s a significant difference between an RFE and H1B denials. Likewise, you may have other types of documentation that also serve to document to the in-house project. • Copies of documentary examples of work product created by current or prior employees in s. pdf), Text File (. RFE Rates: Cap-Exempt vs. The H-1B RFE rate and approval percentages have seen significant changes over the last few years. i would start collecting all of my historical I20s, CPT contracts (if any), OPT/STEM OPT Approvals, My lawyers included more examples like training plans but from what I'm hearing the paystubs are what were really missing from my application. By proactively including proper documentation with an H-1B filing for an in-house project, the employer may reduce the chance of receiving a request for additional evidence (RFE), which can delay processing and increase costs. Here is my RFE: I would like to seek assistance from fellow users on similar RFE responses. Cover Letter 1 Sample AC21 Portability Letter Sample Letter from Employer for US Visa Sample H4 EAD Card Sample RFE Response to Educational Background (H1B) Sample Letter from College Dean / Department Head (RFE H1B) Sample Employment Verification Letter for H1B Visa Sample Job Description Letter Sample Itinerary of Services (H1B RFE) 4. Posted May 25, 2022. Background of my H1B RFE Situation with F1 STEM OPT: H1B RFE – F1 STEM OPT Maintenance of Status – Training Plan, Location; H1B RFE : Employer – Employee Relationship, Specialty Occupation, Work Itinerary, etc. You will need to provide proof of a qualifying “pending” or “approved” H-1B petition. It alludes to the following circumstance: USCIS has been issuing “VIBE” RFE’s (Request for Evidence). 4% in FY 2017. The employer is small and the position is new. This affidavit swears that from certain dates until present, an employee named [NAME] has worked as a JOB TITLE Below is the structure of such a letter and some real samples given by companies to their employees for H1B Visa stamping. 2) The postings are not for parallel positions. A TYPICAL USCIS RIGHT TO CONTROL RFE – CONT’D However, this evidence is insufficient to establish that a valid employer-employee relationship will exist for the duration of the requested validity period. This sample can be customized to each individual petition and his role within the organization. The most impacted occupations appear to be computer related: analysts, programmers, software developers, etc. Ramkumar_1980; Members; 1 Report; Posted December 1, 2019. In 2020, the RFE issuance rate was 28. Requests for Evidence (RFEs) can delay applications but aren't denials. txt) or read online for free. Learn about H-1B RFE reasons and how to respond in this guide! Sample RFE. Importance of responding to an RFE. 10 years in India (software testing engineer) and 2 years (Hadoop developer) in USA. An RFE related to foreign degree equivalency often arises when the educational credentials submitted by the H-1B applicant are from a non-U. Similarly, the evidence USCIS asks you to provide is different for each of the four criteria. Specialty occupation is not new to US employers who hire foreign nationals. Need Help File Application? I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. Sample H-1B Visa Petition – Specialty Occupation RFE. H1B Request for Evidence (RFE) According to PROVAL, there're top 5 reasons for an To avoid an RFE for your H1B petition, especially those questioning the specialty occupation criteria, you must carefully document your job’s requirements and your qualifications to fill the role. Example, if you have already used OPT or CPT at bachelor degree level, then you can only use it again at Masters degree level again. . Members; 1. In this article, we highlight the common RFE issues, offering insights and resources to Addressing an H-1B Request for Evidence (RFE) requires thoroughness and attention to detail to bolster your petition’s approval chances. First, however, you’ll have the ability to provide proof of such in the form of contractual agreements, offer letters, and What are typical examples of evidence requested in an H-1B RFE? Examples of evidence requested in an H-1B RFE often include detailed job descriptions, proof of a degree or certifications pertinent to the specialty occupation, and documentation of previous work experience. Employer-Employee Relationship. 2 replies; 1. The highest year of denials was 2018 at a rate of 24% (NFAP 2022). The cost for premium processing is $2,500 for visas that allow it. USCIS may issue this type Specialty Occupation. Toggle navigation. This affidavit confirms that Mr. As we mentioned in the beginning, if you don't have an advanced degree but are applying for an H1B, then you may need work experience to support your applicaiton. 5 Steps to Take After Receiving an H1B RFE. That’s why in this article, we go way beyond the list of Top 10 H1B Visa RFEs. Read on to learn more about each of these parts of a USCIS request for evidence. Some RFEs will simply tell you which documents USCIS is missing. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Software Developer, Applications who wish to work in the U. Among them, level 1 is for the entry level positions and USCIS is of the opinion that many entry level positions don’t require bachelor’s Hi, Could anyone tell me where can I obtain sample H1B transfer RFE response documents so that I can draft my response on similar lines? It would be very useful if anyone could provide me samples as a guideline to draft mine as my attorney refused to Background of the Wage Level I RFE The first time Wage Level I RFEs were reported were in early June 2017 and targeted H-1B petitions filed in April 2017 under the annual H-1B cap. The RFE occurs because the adjudicating USCIS officer needs additional evidence in order to render a decision on the H-1B petition. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter What Evidence to Send to USCIS With Your RFE. This article discusses the RFEs and what to do if your petition is still denied. Initially, most of the RFEs were issued by the Vermont Service Center although it appears that California is also catching up and issuing their own version of this RFE. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter Previously, the attorneys of Reddy & Neumann wrote an article concerning requests for evidence (“RFE”), diving into what they entail, the process The RFE, or Request for Evidence, occurs after the initial H-1B petition is filed with USCIS. 2%, while the approval rate improved to 97. We’ve compiled 15 sample cover letters addressing some of the most common RFE scenarios to help you respond with confidence and clarity. How It Works; Or, for example, when a construction company petitions for the services of a financial planner, the USCIS will likely make a similar request. Satisfied. The H-1B visa, a non-immigrant visa in the United States, allows employers to temporarily employ foreign workers in specialty occupations. 97% success rate, you can navigate your immigration journey with confidence. Use these as inspiration and templates to tailor your compelling cover letter. If you are looking for Visa stamping at the US Embassy, then you should follow the H1B Visa Interview Documents. One of our readers, who applied for H1B 2021 petition as Change of Status, received an RFE that is related to At USCES. ecosystem. Navigating the complex world of H-1B visas can be challenging, especially when faced with a Request for Evidence (RFE). For example, the Consider an RFE as a second opportunity to study your application and make sure you have presented the strongest case possible for why you need an H1B visa. One of the most common H-1B RFE reasons is a questionable employer-employee relationship. Sample H1B Employment Verification Letter Structure . Additional Several Request for Evidences (RFEs) from USCIS ask to support the H1-B petition with how the petitioner's job duties will be split up and time divided for the duration the Sample RFE for H-1B Visa Petition For LCA Requirements Before any employer can file for H-1B petition with the USCIS, a valid Labor Condition Application (LCA) must be with file the Department of Labor (DOL) and be approved and H1B Visa. In general, an H1B Education Evaluation includes the following: One of the ways that the Trump administration is setting up roadblocks in the H1B visa program is by increasing the number of Requests for Evidence (RFE) for H1B petitions. A valid employer employee relationship H1B for H1B RFE petitions is the daily involvement, clearly defined hierarchy and mutual work agreements it does not mean that the Employment relationship is not valid if working rules H1B Visa. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter A list of Top 10 H1B Visa RFE’s doesn’t really provide any value to you. However, What if I Receive an RFE for Computer systems analyst? An RFE (Request for Evidence) is a common occurrence in the H-1B visa process. Could someone share a sample document to help me prepare a response. 11. For example, Westcliff University and Trine University both have an online portal This means you can do everything right and get a BS RFE because of the SOC code you selected. We work with over 200 industry experts from different fields to give highly credible recommendations for H1-B visa applicants . Toggle navigation [email protected] Phone: (212) 581-8877 ; Free Assessment Online Request Form PERM Portal Login. This FAQ is targeted to RFE’s sent in response to the filing of an H-1B petition, an increasingly common feature in 2019-2020 under the Trump Administration and plateauing in 2022 under the Biden administration. Sample RFE Response to Educational Background (H1B) If the petitioner receives a Request for Evidence (RFE) pertaining to his educational eligibility for the H1-B petitioned role in the organization, he has to respond with a detailed description of his academic background justifying his eligibility for the H1-B petition. Generally, physicians, professors, engineers, accountants, attorneys and similar professional occupations are less likely to be scrutinized. Foreign Degree Equivalency RFE. Below is a sample RFE full form regarding an I-485, Application to Register Permanent Residence or Adjust Status. Documents to prove Employer Employee relationship. An RFE contains four major parts: the law, a list of the evidence you submitted, a list of the evidence you are missing, and a response deadline. Why H4 EAD is used as example for democrats being worse. 1k views; mirzabaig1502; April 20, 2019; Travel when H4 and H4 EAD application in in process By sarada gatta, April 3, 2019. 7 . If you can’t find an answer to your question, please don’t hesitate to reach fiscal year 2018, as well as a report that outlines the top ten most common reasons for an RFE in the H-1B context. H1B Extension DS-5535 in RFE We addressed in the previous article the rising trend of requests for evidence (RFEs) issued due to a H-1B specialty occupation petition's indicated Level 1 (and increasingly Level 2) wage. Expert Opinion Letters from ProfVal are regularly used in initial applications, in response to a Request for Evidence (RFE), or in response to a denial. Hi, RFE for progressive work experience letter I got RFE even my employer submitted evaluation document. S. 17, 2025, which is the effective date of both rules. Sample RFE Response to Educational Background (H1B) If the petitioner receives a Request for Evidence (RFE) pertaining to his educational eligibility Two possibilities: If you were previously picked in the H1B lottery and haven’t yet accumulated six years of physical presence in the U. employers to hire skilled foreign workers, with premium processing offering expedited service for a fee. 2. My bachelors is in Psychology and my job role is an environmental lab technician role. Friends, As title says my spouse and I got our h1b and H4 extensions approved. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter FIS offers expert opinions to meet any need for your credential evaluation or USCIS petitions. Can anyone please provide end client sample letter for H1 B stamping RFE ( White slip) in India? you timely help is much appreciated. This video goes over your RFE, and the things you will n To figure out what kind of educational requirements USCIS expected of you, you should obtain a copy of the certified LCA that was filed as part of your H1B petition and see what specialty occupation code (SOC) was requested for your position and look up this code in the OOH to see 1) if this SOC regularly requires at least a bachelor's degree in a specific field and 2) what the H1B Transfer RFE Frequently Asked Questions. Indeed, the USCIS emphasizes the importance of a detailed job description linking your role to specific educational prerequisites, as well as a legitimate employer-employee For example, Concurrent H1B will not be granted for part-time work on the same level as an existing H1B petition. Remember to make a copy of the RFE and all evidence for your own records. 100% agree, I was on H1B got RFE during my extention and was eventually rejected. You should explain how the documents you are providing address the deficiency(ies) raised in the RFE. On average, the processing time ranges from 7 to 21 business days. The expert asking detailed experience The RFE will highlight each criterion and note why your petition did not meet it. It's free to sign up and bid on jobs. on H1B status, then you’re still “cap-exempt”, and getting a new job after a temporary switch to B2 would just be I have got RFE on my H1 extension and the query which my employer has received mentions to provide evidence documenting maintenance of valid employer-employee relationship throughout the H1B approval period. An H1B RFE signifies that an H1B application did not include the correct documentation or that the documents provided were incomplete. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. Start new topic; Recommended Posts. In this comprehensive guide, we will explore the H1B Application. Taking one of my firm’s recent H1B case as an example. The USCIS may suspect that the beneficiary will not be placed in a specialty occupation but rather in a position that requires less of his or her skills, and that the beneficiary will find other work after arriving in the U. On [insert date] I was granted an H4 Visa based on my husband [insert spouse name] status a valid H-1B Visa holder with an approved I-140 Immigrant Petition. Thorough preparation and care must be taken to get an approved concurrent H1B. LCA not submitted; The applicant’s place of residence is very far from the place of work; USCIS may send an H1b Receiving an H-1B RFE (Request for Evidence) can be a daunting experience, but it's crucial to understand the common reasons behind them and how to effectively respond. For example, if you are filing for an H1B Visa petition for the FY 2026 season in June 2025 and availing of the cap gap, (RFE) or Motion to re-open or reconsider, during the decision time due to processing delays, the requested dates of employment would have passed. H1B RFE - Onsite manager letter. Most Common H1B RFE (Request for Evidence) reasons. The Law. doc / . Any idea how long it would take for EAD approval in our case? I don't know I'd it matters but our H1 application was on premium and & H1 and H4 got approved together. In the RFE, I got quite a few questions, but below are the ones which are kinda complicated These are the questions in RFE, which needs to be For example, your employer may request to extend your H-1B status beyond 6 years if at least 365 days have passed since a permanent labor certification was filed on your behalf with the U. Cause my h1b RFE is also includes that part, they are asking my employer to provide the evidence support that. USCIS challenges range in reasoning and detail, depending on the criterion in question and the documentation you provided in your initial petition. The client, a technology company, sponsoredone of its employee forH1B in the position of a Senior Software Engineer. What if I Receive an RFE for Business analyst? An RFE (Request for Evidence) is a common occurrence in the H-1B visa process. For example, the RFE might ask you to provide a copy of the pages of your passport or your spouse's birth certificate. I need to respond on or before Dec 5 2015 My current H1-B ends on Dec 31 2015. Most of the users, who were lucky in this year’s H1B Registration Lottery would have applied H1B Visa 2021 petition with USCIS. Specialty Occupation Requirement s includes examples of recent H1B successes. XXX is employed as a computer programmer at Deloitte in Mechanicsburg, PA since [DATE]. Below is a list of the most common customer questions. If USCIS can’t determine that an authentic H-1B employer-employee relationship exists, they may be inclined to deny the H-1B application. CIS has only 65,000 H1B visas available annually, plus an additional 20,000 H1B visas for candidates with advanced degrees. By Ramkumar_1980, December 1, 2019 in H1B : General. equivalency. To date, AILA has received more than 400 case examples. Neufeld H-1B Visa Memo FAQ’s from USCIS; Sample H-1B Visa End Client Letter H1B Visa. Missing the deadline will most likely result in a denial. So if you don't get this within 2-3 weeks of the h1b approval, I would recommend reaching out to your lawyers or USCIS. In this guide, we’ll explore what an RFE is, how to handle it, Between 2016 and 2020, denial rates had increased from the single digits (2010 - 15) into the double digits. H1B Visa News; H-1B Visa Attorney Fee; H1B Visa Cap / Quota for FY21 (April 1, 2020 filing) How we are preparing for the FY 20 H-1B Visa Season; How to Avoid the Level 1 Prevailing Wage RFE; Consulting Firms – H-1B Visa Employer/Employee Relationship. Both the party are not that friendly for legal immigration especially H1B. USCIS Reasons for H1B RFE: Speciality Occupation, Employer-Employee Relationship, Availability of Work (Off-site), Qualifications, Status violation, In house project. Apparently, USCIS is going after jobs with entry level (Level 1) prevailing wages. Posted December 1, 2019. For example, according to the USCIS report for H-1B visa cases in 2022, the percentage of those approved with an For example, it eliminated the practice of prior deference for adjudication of H-1B extension petitions. Also Read: A Quick Look at the USCIS RFE Premium Processing. Some of the most common H1B RFEs are the result of your case, or your employee or client’s case falling into an H1B education trap. The email i received was from my employer’s Immigration department asked for 4 details. Enclosed please find the following supporting documents: Two weeks after my h1b transfer got approved, my case status for the COS updated and it got denied, the reason given was "we are denying your COS because we approved an h1b transfer for you". I’m worried about connecting the two even though there is overlap in my experience/education. Sample Letter from College Dean / Department Head (RFE H1B) This sample letter acts as a template for a supporting document when petitioning for a H1-B supported role or in response to a Request for Evidence (RFE) in determining the educational background of This USCIS H1B extension documents checklist can be used for H-1B transfer or amendment as well. H-1B RFE Issuance Rate. ** Please help** ltt Quote; Link to comment Share on other sites. It lists points as to what all can be submitted. Any employer can avoid this RFE by having the requisite evidence on the specialty occupation requirement; the petitioner must provide detailed and specific information about the job offered to the USCIS. Shorelight Education. guczbyu jkvbw laaasv uepl olh ehaymh esjil pvs glb wqyjtrap