FAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 3
Marks Gray Dec 12, 2019 in H-1B/H-4
Tag: H-1B
Part 3 of this series answers the final FAQs about RFEs, particularly as they relate to specialty occupations H-1B petitions. Read parts one and two. 5. How do we establish that the position is a specialty occupation? The petition must demonstrate to USCIS’ satisfaction that the position is one that requires not only the understanding and application of a highly specialized body of knowledge but also that the employer and the industry normally require at […]
Continue ReadingFAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 2
Giselle Carson Dec 5, 2019 in H-1B/H-4
Part 2 of this series answers more FAQs about RFEs, particularly as they relate to specialty occupations H-1B petitions. You can read Part 1 here. 3. The initial petition was approved without an RFE or extensive documentation. Why did we receive an RFE? While immigration laws and regulations have not significantly changed over the last few years, USCIS’ adjudicatory policies and procedures have changed significantly. For example, USCIS no longer accepts factual statements made by […]
Continue ReadingFAQs about RFEs: Understanding RFEs and How to Establish an H-1B Speciality Occupation – Part 1
Giselle Carson Nov 26, 2019 in Immigration
We are continuing to see an increase in adjudicatory scrutiny and requests for evidence (RFEs) for many nonimmigrant and immigrant visa petitions. USCIS data shows that during fiscal year 2019, about 60% of all completed H-1B cases received an RFE as a result of the “Buy America, Hire American” Executive Order. Fortunately, we are also seeing that the majority of our petitions undergoing RFEs are ultimately approved after another very strong and over-documented response. These […]
Continue ReadingUSCIS announced that the cap of 85,000 new H-1B visas for FY2020 was met. They received a total of 201,011 H-1B cap petitions. There was an 11% increase from FY2019 in H-1B advanced degree (master’s and above) petitions selected in the FY2020 lottery; about 63% of those selected were advanced degree petitions. Unfortunately, as it has been for the last two years, being selected is just the first challenge. With the Request for Evidence (RFE) […]
Continue ReadingChanges Announced to the H-1B Cap-Subject Process Days Before Filing Began
Giselle Carson Apr 2, 2019 in H-1B/H-4
On April 1, 2019, USCIS started taking cap-subject H-1B petitions for FY 2020. Just 20 days before that, they released a memo detailing a new filing process. It includes changes to premium processing that have never been tested or used and the announcement of a new H-1B Data Hub online. The changes to premium processing are based on a new two-phase approach. The first phase applies to FY 2020 cap-subject H-1B petitions that request a […]
Continue ReadingThis downloadable PDF was written with the assistance of Ellen Mazujian, our newest team member who served as an International Student Advisor at NYU before joining us. In the document, you’ll find answers to FAQs about the transition, including information on the cap-gap extension. Download Now
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