Did you just receive an RFE in H1B visa petition? I understand how stressful that can be. An RFE from USCIS can seem like a failure, but it doesn’t necessarily mean game over. It simply indicates that USCIS requires more evidence to decide your petition.
Actually, if you approach it the correct way, you can actually use this challenge as a way to build your case stronger. I’m here to walk you through and show you how to write a good response that can give you a better chance of getting approved. Let’s get started with why you received an RFE and how you should tackle this important step in your H1B process.
What is an RFE in H1B?
When USCIS needs additional information or explanation to approve your H1B petition, they issue an RFE (Request for Evidence). The request could be at any time during the process of H1B, the initial filing, or the last. Receiving an RFE is not a denial but means that USCIS needs more information to move forward with your application.
Why You Are Receiving an RFE in H1B Visa Applications
Why the RFE is being sent to an individual varies but most commonly falls under the following:
Deficient Documentation
USCIS could request more weighty evidence documenting your eligibility, your employer-employee relationship, or your profession. Where this is needed, Document Evaluation can assist with identifying the needed documents and include detailed feedback.
Employer-Employee Relation
You can inquire about the employer-employee relationship between the employer and you. USCIS requires evidence of immediate control by your employer over your position, that is, firing, hiring, or supervising you.
Specialty Occupation
Unless the position for which you are applying is per se a “specialty occupation” which needs to be done at least to the level of a bachelor’s degree, you might need to provide further evidence showing the requirements of the work.
Job/Qualification Discrepancies
Inconsistency of work that you mentioned you did with the qualifications that you have shown, and your qualification, or inconsistency of work that you do and what you say that you did for your petition, can lead to an RFE.
LCA Issues
Labor Condition Application or LCA is an integral aspect of the H1B process. In case of LCA issues such as inconsistency of workplace address and salary, USCIS will send an RFE.
10 Tips for Crafting a Strong Response to an RFE in H1B
Writing a well-organized, accurate, and comprehensive RFE response is essential to the success of your petition. The following are essential tips to help your response be effective:
Document Clearness
Ensure documents are legible, clear, and not incomplete. Some of the documents involve items such as education diplomas, transcripts, and supporting evidence such as employment contracts or job descriptions.
Gathered Evidence
Provide traceable and well-organized evidence. Making your documents indexable or having a table of contents can facilitate the readability of your case by USCIS officers. Document Evaluation assists you to gather the necessary evidence and structure it accordingly.
Correct Discrepancies
If your documents or application contain inconsistencies, rectify them immediately and include any required clarifications or supporting documentation. A Document Evaluation service can assist you in detecting and fixing inconsistencies in your documents.
Other Documents
Attempt as much as possible to include supporting documents that will validate your assumption. For example, if work requirements conflict with USCIS, provide co-worker or regional expertise testimonial letters that will validate the work specialty classified. Document Evaluation will counsel you about what documents are best to support your response.
Precise Forms
Make sure that all forms are filled out properly and fully. Mistakes will slow down your case or create further problems for USCIS. With Document Evaluation, you can be certain that all forms are correctly filled out and submitted.
On-Time Submission
Promptness is important. Falling short of the USCIS response deadline could lead to the rejection of your application. Document Evaluation can assist in ensuring that your response is comprehensive and ready for timely submission.
Particular Job Responsibilities
You are required to submit clear, concise job responsibilities. Describe how the job relates to your qualifications and meets the requirements of a specialty occupation.
Letters of Recommendation
Add recommendations or letters from experts in your profession who will be able to attest to your skill and experience of your work. Document Evaluation can compose these letters to make them effective and applicable to your request.
Ability to Pay
Where the RFE challenges your employer‘s ability to pay the specified wage, provide supporting financial documents to establish your employer’s capability. Document Evaluation can confirm that the financial documents provided are comprehensive and persuasive.
Third-Party Sites
Wherever possible, include third-party data, such as industry reports or government databases, to further validate the necessity of your skill in the industry. Document Evaluation can assist in obtaining and verifying the third-party data.
Most Common Mistakes to Avoid When Answering an RFE in H1B
When you are called upon to create a thorough and well-articulated response, there are some mistakes that you need to steer clear of:
Missing Documents
Never file partially completed forms. Partially completed forms are the primary causes of RFEs, so you have to file it.
Vague Answers
Always be extremely detailed, to the point, and precise in your answer. Never reply vaguely so the USCIS representatives can be placed in a position to ask for more clarification.
Unanswered Questions
Ensure that you respond to all of the questions contained in the RFE. Failure to answer questions may result in denial or, worse, further delays.
Late Submissions
Reply on time! Not replying on time will make your response rejected and your case denied. USCIS typically provides a hard deadline for responding to RFEs.
Need Professional Assistance with Your H1B RFE Response?
Our Document Evaluation service provides expert consultation and careful critique to make sure your RFE response is exhaustive, understandable, and persuasive.
Reach us now and maximize your approval opportunities!
Why Choose Document Evaluation for Your RFE Response?
An RFE review professional service for your RFE response document can complete, authenticate, and make your RFE response irresistible. Here’s why:
24/7 Support
24-hour document review services are available to help you every step of the way through the RFE process, answering all your questions.
Cost-Effective
It’s generally less costly to outsource a professional service than to risk delays or errors that can lead to follow-up RFEs or denials.
Flexible Solutions
Document review services provide customizable solutions based on your needs if you are submitting a response for an easy case or a hard case.
Personalized Consultation
A one-on-one consultation will help fix your unique case and provide you with the best method of writing a well-written RFE response.
Conclusion
Receiving an RFE on an H1B petition can initially be daunting, but it may not mean game over. If the proper approach and methodology are used, candidates can turn this hurdle into a constructive force for strengthening their case. By supplying clear, cogent, and thorough answers and rectifying errors or omissions, success is highly enhanced.
Employing Document Evaluation services ensures that the response is accurate, complete, and free of recurring errors that would lead to delay or denial. Experts can help prepare the perfect response, and all necessary documents are completed and submitted properly so applicants can continue confidently in the visa process.
