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What does it mean when an H1-B applicant gets RFE?

On Behalf of | Sep 22, 2022 | Employment Immigration Visas, Immigration Law

In March, we wrote about the start of the H1-B application season. The good news is you heard back from the United States Citizenship and Immigration Services (USCIS), but instead of an approval letter and the okay to move forward, it is a Request for Evidence (RFE).

There is no need to panic – it is simply a call for more information from your employer or beneficiary. It may have nothing to do with the employee beneficiary.  This RFE will require you or your employer to forward additional documents or information before the USCIS decides. It is also a chance for the petitioner to correct any errors or omissions in the case before receiving a denial.

Why did they send it?

The USCIS sends RFEs for many reasons. Some common examples include:

  • The petition may not have done enough to qualify for an H1-B or provide supporting evidence to meet one of the several criteria.
  • The petition did not sufficiently show enough work to last for the visa’s duration.
  • There may be questions about the employee’s qualifications, degree or experience (perhaps information was omitted or left out).

Attorneys can help address these obstacles

The process of applying for an H1-B visa is stressful and complicated. It also includes the employer. A single overlooked detail can lead to delays related to the RFE response for perhaps even an outright denial; it is essential to work with immigration law attorneys who understand the process and how to address issues like an RFE.