H-1B Visa: Tips for Filing and Avoiding RFE

H-1B Visa: Tips for Filing and Avoiding RFE

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As the FY2020 H-1B filing deadline is approaching, here are some valuable tips and recommendations for filing H-1B petitions and avoiding a Request for Evidence (RFE).

Below are three most common reasons RFEs were issued in the previous years:

Specialty Occupation

Lack of sufficient evidence proving that the position offered qualifies as a specialty occupation is the most common reason for an RFE.

Generally, in order for the position to be considered as a specialty occupation at least one of the following four criteria must be met:

  1. Bachelor’s degree or its equivalent as a minimum entry requirement for the position
  2. The employer normally requires a degree or its equivalent for the position
  3. Due to overall complexity of the position, it is common to the industry to require a degree
  4. The nature of certain job duties is so complex that specific knowledge is required to perform the duties and is commonly associated with the achievement of a bachelor’s degree or higher

LCA Corresponds to Petition

Another common reason for an RFE is a failure to establish that Labor Condition Application (LCA) properly corresponds to the proffered position in the petition. The the wage level, SOC code and the position in the LCA must be the same as those indicated in the petition.

Employer-Employee Relationship

Lastly, a failure to demonstrate a valid employer-employee relationship between the petitioner and the beneficiary will commonly result in an RFE. The petitioner needs to show the right to hire, fire, or supervise the work of the beneficiary, as well as create specific and non-speculative assignments in a specialty occupation for the beneficiary.

Minimize the risk of getting an RFE.

Here are some final tips for filing H-1B petitions:

  • All forms must have original signatures. No photocopies are accepted.
  • Double check the amount of filing fees on checks.
  • Submit all required evidence and documentation with the petition to ensure timely processing.
  • Send the case to the correct USCIS filing center.
  • Lastly, double check the spelling of names, data of birth, addresses, and other important information on the forms.

Applying for an H-1B visa can be quite stressful. Working with an experienced immigration attorney will help make it a smooth process, as well as minimize the risk of getting an RFE. At Root Law Group, we offer free in-office consultations with our experience immigration attorneys. Over the years, we helped 2500+ clients and are proud to have a high 95% success rate most case. Call us today at (323) 456-7600 to schedule your free in-office consultation!