How to Reduce the Chances of RFE in H-1B with a Specialty Occupation Letter

Are you looking to have your H-1B visa approved? However, getting approved isn’t always easy. Many applicants face a Request for Evidence (RFE). This can delay or even derail their petition.

So, what does an RFE mean? It means that the U.S. Citizenship and Immigration Services (USCIS) needs more proof before making a decision. With new H-1B rules in 2025, USCIS has tightened regulations and made specialty occupation letters mandatory. As a result, you must prepare strong applications from the start.

This blog will cover why RFE is issued and the importance of an H-1B specialty occupation letter. Let’s get started! 

Understanding RFEs in the H-1B Visa Process

A Request for Evidence, or RFE, is a notice from USCIS. It asks for more information before they can approve or deny an H-1B visa. Importantly, receiving an RFE does not mean your petition is rejected. Instead, it signals that more details are needed. 

However, this can lead to delays. Applicants and employers must respond carefully with a good specialty occupation letter. Gathering the requested information takes time. It can also create extra work for everyone involved. Ultimately, understanding RFEs is crucial for navigating the H-1B process. Thus, stay prepared and organized to respond effectively.

Why Does USCIS Issue RFEs?

RFEs usually happen when the submitted documents don’t fully meet USCIS requirements. Here are the most common reasons:

1. Specialty Occupation Issues: The job must require a specific degree. If USCIS questions whether it meets this requirement, they’ll issue an RFE.
2. Employer-Employee Relationship: USCIS wants proof that the employer oversees the work of the H-1B employee. If this proof is lacking, expect an RFE.
3. Incomplete Documentation: Missing, incomplete, or inconsistent documentation can trigger an RFE and raise red flags for USCIS.
4. Wage Level Concerns: If the offered salary appears too low for the job, USCIS may want more details about it.
5. Work Location Issues: If the employee is working at a third-party site, USCIS may request additional contracts or letters to clarify the situation.

How RFEs Impact Your H-1B Petition

• Delays in processing: You need to respond within the deadline. If not, you may face longer wait times.
• Higher chances of denial: A weak or incomplete response could lead to rejection. This adds stress and uncertainty.
• Extra costs and effort: Gathering new documents can be time-consuming. Legal consultations can also get expensive. 

However, it’s important to be prepared with a well-prepared strong specialty occupation letter. Double-check your documents, follow USCIS guidelines, and seek expert advice if needed.

Importance of a Specialty Occupation Letter

A specialty occupation letter is essential for an H-1B visa to meet the USCIS criteria. This letter provides vital support for your application. If the letter is weak or missing, it can lead to serious issues. Such shortcomings often result in Requests for Evidence (RFEs) or even denials. Therefore, ensuring a strong letter is important for your application’s success.

Why Does It Matter

USCIS requires specific proof of job qualifications. 

• First, the job must need a particular degree, not just any bachelor’s degree. 
• Additionally, it should demand advanced knowledge that is directly related to the role. 
• Finally, the position must align with industry standards. This means similar jobs in the field also require the same qualifications.

What to Include

A strong H-1B specialty occupation letter should:

• Clearly define job responsibilities requiring specialized skills.
• Justify the degree requirement with industry norms.
• Provide comparisons to similar roles at other companies.
• Explain the employer’s hiring criteria and need for specialized knowledge.
• Include supporting evidence like job postings or expert opinions.

Key Changes in the 2025 H-1B Visa Regulations

The U.S. has introduced new rules to improve the H-1B visa process and prevent misuse. These updates focus on job qualifications, employer responsibilities, and stricter compliance checks. Therefore, here’s what you need to know:

1. Clear Definition of Specialty Occupation

• The job must require a bachelor’s degree or higher. Specifically, it should be in a designated field. 
• USCIS will closely review job descriptions. They want to ensure they match the required qualifications.
• This change aims to eliminate vague or overly broad job requirements that may not meet the H-1B criteria.

2. Entrepreneurs Can File H-1B Petitions

• For the first time, business owners and entrepreneurs can now file H-1B petitions on their behalf. 
• This allows individuals who own their companies to qualify for an H-1B visa. 
• However, this update is expected to encourage innovation and entrepreneurship within the U.S. workforce.

3. Strengthened Cap-Gap Protections for F-1 Students

• USCIS has enhanced cap-gap protections for F-1 students transitioning to H-1B status. 
• Students will now have longer work authorization. This will help them avoid a gap in employment while they wait for their H-1B petition to be processed. 
• Thus, offers greater stability to international students pursuing long-term career opportunities in the U.S.

4. Increased USCIS Inspections & Penalties

• USCIS has expanded its authority to conduct worksite inspections, particularly for H-1B employees working at third-party locations. 
• Employers must maintain clear documentation of job duties, work locations, and employment terms. 
• Further, any violations of H-1B regulations may result in fines, application denials, or other legal consequences.

5. Non-immigrant Petition Amendments

• The revised rules reduce confusion and ensure that petition modifications comply with USCIS regulations. 
• Moreover, one should stay informed about these requirements to avoid processing delays or denials.

6. Policy of Deference to Prior Approvals

• USCIS has reaffirmed its policy of deferring to prior approvals for H-1B renewals. 
• If an applicant has been approved under similar conditions in the past, USCIS will generally uphold the previous decision.
• As a result, making the renewal process more efficient and predictable for employers and employees.

7. H-1B Lottery & Employer-Employee Rules

• To prevent misuse of the H-1B lottery system, USCIS regulations prohibit multiple registrations for the same candidate. 
• Employers must also provide stronger proof of employer control, particularly for H-1B workers at third-party sites. 

Need Expert Guidance for Your Specialty Occupation Letter?

Document Evaluation provides expert opinion letters and document verification to help you avoid RFEs. 

Contact us today!

What is Exceptional About Document Evaluation?

Our goal at Document Evaluation is to assist applicants in making their immigration petitions stronger. However, we accomplish this through document verification and an H-1B specialty occupation letter. What sets us apart is this:

• Reviews Led by Experts: Professionals with industry recognition lead our reviews. They are well knowledgeable about USCIS standards.
• Personalized Reports: We don’t use pre-made templates. Every expert opinion letter is tailored to your particular specialty and employment function.
• Fast Turnaround Time: We recognize how important your time is. Our staff works fast to provide excellent assessments, assisting you in meeting deadlines.
• High Success Rate: Thousands of applicants have benefited from our documentation. Numerous people have successfully obtained permits by responding to RFEs.
• Adherence to Recent USCIS Standards: Immigration laws are subject to quick changes. We keep up to date so your paperwork satisfies the most recent H-1B visa specifications.

Key Takeaways

A Request for Evidence (RFE) signals missing information; proper preparation can prevent delays.

A Strong specialty occupation letter links job duties to a required degree.

2025 H-1B Updates provide stricter compliance, penalties, and better clarity on specialty occupations.

Proactive measures are important to reduce RFEs. Expert letters and strong supporting evidence improve approval chances.

Document Evaluation can streamline the process and strengthen petitions.

Therefore, stay informed and submit solid documentation. Seek our expert support to boost your approval chances.