How An Immigration Attorney Can Help With Your H-1B RFE
At Bhuchar Law Firm, we have noticed a recent trend related to increased government scrutiny for H-1B applications. Specifically, more clients are coming to us with questions about governmental Requests for Evidence (‘RFE’) in response to their H-1B applications. Additionally, we have seen an increase in H-1B application denials, especially when those applications are not prepared with the help of an immigration attorney.
If you are preparing an H-1B application, a response to an RFE, or your application has been denied, immigration attorney Poonam Bhuchar can help. We understand the H-1B application process. We know what type of information and evidence should be provided for a successful application. We also recognize application information that may be problematic and can help you with changes and evidence to increase your chances of getting your application approved.
What is an H-1B Visa?
In general, H-1B visas permit companies to temporarily employ foreign workers who have a particular expertise in specialty occupations. Companies, rather than potential foreign employees, file the application for this type of non-immigrant visa. H-1B visas are limited to a maximum of 85,000 issued per fiscal year, which makes approval more challenging than for some other types of visas. In some cases, we may recommend that our clients apply for another type of visa if we think it would be more suitable for their circumstances.
What Is An RFE?
Companies sometimes receive a Request for Evidence from the United States Citizenship and Immigration Services (‘USCIS’) in response to their H-1B application. The USCIS issues RFEs when it wants companies to provide more information and evidence to demonstrate eligibility for a visa. An RFE does not necessarily mean that your application will be denied, but it does mean that more evidence is required for visa approval.
Common Reasons For An RFE
Some of the most common reasons that companies receive RFEs from the USCIS include the following:
- The company did not provide evidence to show that the position is for a specialty occupation. Applicants may need to give evidence that relates to employee education and work history, industry practice, degree requirements, and salary.
- The company did not demonstrate a valid employee/employer relationship. In this case, applicants will typically need to submit evidence showing that the employer controls how, when, and where the employee carries out his or her job duties.
- The company did not prove that it has enough available work for the foreign employee. Applicants must demonstrate that they not only have currently available work but that there is also enough work for the employee for the duration of the visa.
- The company did not provide enough evidence to demonstrate that the employee was qualified to perform the specialty services. Sufficient evidence to prove qualifications may include letters of reference, education records, and employment history.
- There was not enough evidence to show the USCIS that the foreign employee maintained his or her current status. Evidence to prove status may include pay stubs, work history reports, school attendance, and coursework records.
- Other reasons for RFEs may involve problems with Labor Condition Applications, itinerary requirements, and application fees.
As previously mentioned, we recognize these and other potential H-1B application issues so that we can help our clients make changes and provide more evidence in an effort to avoid receiving RFEs and application denials. You have a better chance of approval when all important and necessary information is provided with your application.
What To Do If You Receive RFE
If you receive an RFE, you should consider it to be a second chance at making your case for a non-immigrant visa. You need to fully address every question and point made by the USCIS in the RFE. You also need to provide the evidence requested, as well as additional evidence that will help prove the validity of your application and eligibility for the visa. You will be given a deadline to respond to the RFE, and you should not miss your deadline for any reason.
H-1B And RFE Attorney
If you are planning to file an H-1B application or you have received an RFE from the USCIS for an application you have already filed, contact Bhuchar Law Firm to schedule a consultation. Our skills and experience will help improve your chances for an H-1B visa approval. We provide high-quality legal services for clients with immigration-related matters.