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What does it mean when I receive an RFE after an H-1B petition?

On Behalf of | May 1, 2022 | Employment-Based Immigration, H-1B, Immigration Law |

You were selected in the H-1B lottery, your employer submitted an H-1B petition on your behalf, and your employer has received a letter from the United States Citizenship and Immigration Services (USCIS). However, you receive a request for evidence (RFE) instead of the approval letter you were expecting.

What does this mean, and what steps need to be taken to address an RFE?

The meaning of an RFE

The USCIS hasn’t denied your petition. This means is that the USCIS requires some additional information to help determine eligibility for the H-1B from either the employer and/or beneficiary.

When does the USCIS typically send an RFE?

The USCIS may send an RFE for many reasons, including but not limited to:

  • Questions about whether the position is a specialty occupation:  The petition may not have had enough supporting evidence to show that the occupation meets at least one of the four criteria.
  • Availability of work: The petition may not have shown that your employer would be able to provide you with enough work to last for the duration of your H-1B visa.
  • Beneficiary’s qualifications:  There may be questions as to the degree or your experience.
  • Employer: USCIS has questions about the employer’s information.
  • Missing Document: Sometimes USCIS will send a request for a document that has already been submitted.

When an RFE is received, read the RFE completing and seek the assistance of an immigration attorney. The RFE response needs to be submitted by the deadline to USCIS and cover all the questions in the RFE.