Understanding How To Navigate Through An H1-B RFE

The US immigration process involves many steps, including filling out forms. Companies must follow many procedures, from registering online to getting an H1-B visa. One big part of this process is dealing with requests for evidence (RFEs).

Getting an H1-B RFE (Request for Evidence) from USCIS doesn’t mean you are out of luck or that your H1-B visa is automatically denied. Sometimes, the USCIS needs more information to decide what to do with your case.

Since it is pretty sensitive, it is always a good idea to have a good US immigration lawyer check out your H1-B RFE and send back a response to USCIS. This way, you give yourself the best shot at getting your visa approved. Getting an H1-B visa can be like trying to solve a tricky puzzle.

Clear instructions are important because you might get an H1-B RFE requesting a further explanation, and the whole visa application process can be complicated. This post is like your cheat sheet, explaining what an H1-B RFE is and giving tips on handling one.

Overview of the H1-B RFE

An H1-B RFE is a formal letter sent by the USCIS to someone applying for an H1-B visa, asking for more documents or other stuff to help decide if they should get an H1-B visa.

Usually, an H1-B RFE pops up when the person in charge of the H1-B visa case can’t figure out the answer because they don’t have enough proof or the info in the original application wasn’t enough. This is a chance for the person applying to send more proof and maybe even get their H1-B visa approved.

So, if someone applies for an H-1B visa and the person checking the application finds no proof of a job between the person getting the visa and the company they are working for, the company might deny the visa. In that case, the company might have to start the application again.

But, if the person checking the application decides to ask for more proof, like documents showing the person is qualified for their job, the person applying can send more stuff to help get their H1-B visa approved.

The Difference Between an H1-B RFE and a NOID

H1-B RFEs are occasionally issued because a necessary document was missing or the information provided in the petition was incorrect. A Notice of Intent to Deny (or NOID) is more significant. NOIDs are given when the person reviewing your petition intends to deny your application.

The distinction between rejection and denial is that rejection often occurs due to minor mistakes like missing information or not paying fees; denial usually follows if you don’t qualify for the visa. Therefore, a NOID signals that the reviewing officer believes you or your employer don’t meet the requirements for the H1-B visa.

NOIDs prevent applicants from having to re-file due to the same basic problem. Yet, it is still possible to save your case by providing evidence or documents that address the concerns mentioned in the NOID, similar to how you would respond to an H1-B RFE.

What Form Does an H1-B RFE Take?

When USCIS reviews applications for H1-B visas, green cards, and other immigration-related documents, it follows a step-by-step guide in the USCIS Policy Manual. This guide has charts and checklists that tell it when to ask for more information or documents.

The info they ask for in an H1-B RFE isn’t made up of anything. It is based on set-up forms that the officers tweak to cover up any missing details or documents in someone’s application.

Different parts of an H1-B RFE

• The story of the case.

An H1-B RFE usually starts with a few paragraphs about the initial application, including its type, when USCIS got it, and which office handles it. It often says there is not enough evidence yet and more is needed.

• What the law says.

This section explains what you need to qualify for the application by highlighting important parts of the Immigration and Nationality Act (INA), the Code of Federal Regulations, and other relevant laws.

• The evidence you already submitted.

It lists all the documents you have already sent in. Check this list carefully to ensure you have included everything and spot any missing or incorrect documents that could affect your application.

• An outline of what was omitted.

This part tells you what else to send to finish your application. It might suggest other documents if the main ones aren’t available. For example, if you don’t have a birth certificate, school records and a sworn statement from family members might be accepted instead.

• The timeline to respond.

The last part of an H1-B RFE tells you when to send the missing documents. It also explains what will happen if you don’t respond on time, which could result in your application being denied based on the information USCIS already has.

The chances of receiving an H1-B RFE

The chances of getting an H1-B RFE from USCIS depend on the case. Sometimes, an H1-B RFE is given out because the employee has a degree in a field that USCIS thinks doesn’t match what is usually needed for the job. Employees might also use evaluations from other countries to show that their foreign degree is the same as a US degree.

These evaluations examine education and work experience to determine whether they are good enough. However, certain conditions must be met to use these “combination” evaluations, and USCIS usually checks these evaluations more carefully.

Other things that increase the chance of getting an H1-B RFE include working for a third-party company, the sponsor’s ability to pay the right salary, and whether the employee has a criminal record. Since the chances of getting an H1-B RFE vary from case to case, it is good to talk to your immigration lawyer to determine the risks for your specific situation.

The percentage rate of getting an H1-B RFE

The USCIS often updates and shares information on immigration trends, such as how often they ask for more documents or information through an H1-B RFE. The number of H1-B RFEs changes greatly depending on who is in charge.

For instance, in FY 2017, 21.4% of cases ended with an H1-B RFE. This went up to 38% in FY 2018, then to 40.2% in FY 2019, dropped to 28.8% in FY 2020, and then to 16.2% in FY 2021. After a small dip to 9.6% in FY 2022, it increased slightly to 10.5% in FY 2023.

For the most recent information, FY 2023, the H1-B RFE rate for H-1B petitions was 10.5%, slightly higher than the 9.6% from the previous year.

The approval rate after an H1-B RFE

According to USCIS data, approvals with an H1-B RFE dropped to 81.0% in 2023, a decrease from the previous year’s rate of 85.5% in FY 2022.

Any change to an H1-B visa, whether a change in employer, an extension, or a new application, necessitates submitting an I-129 form to USCIS. This action initiates the case, making it susceptible to an H1-B RFE with each submission. Over the past few years, the pattern of H1-B RFEs for H-1B visas has varied due to shifts in government.

Moreover, the rate at which H1-B visas are denied has also fluctuated. The success rate has been on the rise since 2018, with only 60% of H1-B RFEs being approved in that year, which increased to around 86% by 2021. However, there has been a recent decline in the approval rate.

How to go through an H1-B RFE

Getting a request for more info on your H1B application can be a bit worrisome, but here is what you can do to handle it like a pro:

• Read the H1-B RFE thoroughly.

Make sure you get the whole thing. This will help you determine what else USCIS needs to see your application through.

• Know your chances.

Don’t freak out just because you got an H1-B RFE. It is just asking for more details to understand your application better. Looking at how often H1-B RFEs lead to approvals will show you that you have a good shot.

• Collect all the proof.

Gather everything that supports your case. This could be professional letters, job ads, or emails from your clients or suppliers vouching for your job and its requirements.

• Talk to an immigration lawyer.

Think about getting some legal help. An immigration lawyer who knows their stuff can give you the inside scoop on your case and help you assemble the right paperwork. They can ensure you are on the right track and avoid messing up.

• Double-check the submission info.

Ensure you have the right address and reply by the deadline. Getting your response package on time is important to avoid any hold-ups or issues.

By following these steps, you can confidently tackle an H1-B RFE and boost your chances of getting your visa.

Tips to reduce the chances of getting an H1-B RFE

If the information on an H1-B petition is unclear or wrong, it could lead to an H1-B RFE. So, HR teams must set up clear steps for preparing H1-B petitions. This should ensure everyone involved, like employees and managers, knows what they are supposed to do and when.

Managers need to give detailed and correct job descriptions to the immigration lawyers. Collecting and keeping documents is another way teams can make finding important info easier. For instance, immigration tech or HR systems can help HR teams find detailed records for foreign workers, proof that they are staying legally, and relevant company documents.

A clear plan for making H1-B petitions should also include the company’s immigration lawyer. If HR teams are unsure, they should ask an immigration lawyer for help and more information to strengthen their H1-B petition. Ultimately, HR teams must be ready to answer an H1-B RFE.

USCIS can be unpredictable regarding H1-B RFEs. By being prepared, HR teams can ensure they have all the information they need to respond quickly to USCIS. H1-B RFEs are part of the immigration process, and sometimes, there is not much you can do to avoid them.

However, there are some common reasons USCIS gives for RFEs in the H-1B world that HR teams should know about, like:

• If the job requires a bachelor’s degree,
• If the employee has a degree in a field related to their job.
• If the employee’s degree is from one school or a mix of education and work experience.
• If the employer can pay the employee’s salary.
• If the employee has past issues like arrests, convictions, or denied immigration benefits.

Get help!

Gehi and Associates offer many immigration services, like helping people get their H1-B visas approved. If you get an H1-B RFE and feel stuck on how to deal with it, contact us, and we can chat to help you. Our team of immigration lawyers is good at helping people deal with H1-B RFE notices.

We are with our clients every step of the way, sorting out any problems mentioned in their H1-B RFE and ensuring they get their H1-B visa approvals. We are here for you both in person and online, so you can contact us from anywhere. Connect with us right away!