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
Marks Gray Dec 12, 2019 in H-1B/H-4
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 ReadingGiselle 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 ReadingGiselle 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 […]
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