USCIS denied the H1B after RFE as the proofs did not fit the USCIS strict specialty occupation guidelines after Trump’s ‘Buy American Hire American’ executive order. RFE is short for “Request for Evidence”. The employer required a candidate with at least a bachelor’s degree in computer science, electrical engineering, a closely related engineering field, or the equivalent. There are a few methods you can use to answer properly. Have you received an H1B RFE petition? Any change in the data you’ve submitted will give a little error and you’ll receive an H1B RFE request to give some data, such as wage reports or others. It is 75% at this moment, while it used to be around 90% four years ago. The nature of the specific duties is so specialized and complex that knowledge required to perform the duties usually is associated with the attainment of a baccalaureate or higher degree. Actual H1B Visa RFE’s and Denial Notices from USCIS. It seems that more and more H1B petitions end up with an RFE. The employer required a candidate with at least a bachelor’s degree in computer science, electrical engineering, a closely related engineering field, or the equivalent. The company had an opening for a high-ranking manager and felt that she was the right fit. It’s actually not that difficult. As negotiated, the case was reopened, an RFE was issued, and we responded with the updated SOW. It can help determine if you’re fit to receive the visa in the first place. There was only one problem: she had a degree in a different field To qualify for an H-1B visa, individuals must be able to prove that their educational background matches the job field that they would be performing in the U.S. As for H1B RFE approval rates, they’ve had a decrease as well. These levels are used to classify workers, so that when a foreign worker gets employed, it won’t affect the condition of the workers from the U.S. H1B extension RFE after i94 expiry Your spouse can stay in US and work for up-to 240 days after i94 expiry and wait for the RFE result. Don’t know how to answer to an H1B RFE? If you submit a petition and it’s only qualified for level 1, it will create conflict as the position you prefer is in no way different compared to others in the same occupation. If you provide proof to solve the problems that led to the NOID, you might save the case. USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. Also, don’t get scared if you receive an H1B RFE. An H1B RFE refers to a situation when USCIS needs evidence in an H1B Case, so a request is sent to an applicant to receive it. The USCIS apparently recognized the strength of our case, and therefore presented us with two options for settling the matter. I have around 10 years of experience in IT and m With the sharp increase in denials by the USCIS, employers should recognize that, if the reasoning behind a denial is not legally sound, federal courts provide an avenue to ensure that justice is served. Hire Us. USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. Likewise, in the event that you’re an F-1 student, make sure you prove your attendance to classes, to prove that prior to the H1B application, you completed your studies. Our client agreed to sue and, after presenting our legal arguments to a federal judge, the USCIS ultimately agreed to approve the petition. Then here are some of the most common reasons why it happened: If your workplace is changing its structure, address or anything of the sort, then this will lead to receiving an RFE because of mismatched information on VIBE system. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. No prepayment penalty. Level 1 is for experience, level 2 for education, level 3 for supervision, while level 4 is for fully competent workers. You need to maintain your current status, and any change or extension has to be documented if you want the H1B status to stay as it is. Citizenship and Immigration Services (USCIS) over an H1B petition denial based on lack of specialty occupation. Ever since 2015, when the RFE rate was merely between 10% and 30%, the percentage has grown, reaching 60% in 2019. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. A short while ago, a prominent information technology company entered our offices with the goal of sponsoring an individual for an H-1B visa. Since petitions are something serious, you have to understand every aspect of them so you don’t do anything wrong. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed.