Since past few years, USCIS have been scrutinizing the H-1B cases with more attention for those with the Employer-Vendor-Client (Consulting) relation. RFE is more commonly faced for petitions of that kind.
What does the USCIS do when they couldn’t make a decision on a case with the evidence provided?
- USCIS internally performs additional research
- Request for additional documentation from the petitioner or the applicant
- Set up an interview with the petitioner, applicant or the beneficiary
- Perform further investigation of the case
In regard to the H-1B petitions, avoiding Request for evidence needs proper and necessary documents to be submitted with all the evidences required to the USCIS in order to process your case. This would unnecessarily take additional time for the USCIS to make a decision on your case. For all the employment-based petitions filed to the USCIS, the RFE’s are requested from the petitioner company or the attorney who filed the petition.
What evidences in general does USCIS request?
- Proof that the petitioner has the ability to pay the beneficiary
- Information regarding current or past stay in the U.S.
- Previous work experience
- Evidences related to educational qualifications and other evaluations
- Documents proving the claims made in the petition on exceptional ability of the beneficiary.
How long does the USCIS take to respond to a RFE?
USCIS could respond on a RFE case between 3 weeks to 12 weeks about the decision made on your case.
What do I do when I receive an RFE?
- It is necessary that the RFE is thoroughly read by the petitioner as well as the beneficiary and determine the required documents to be submitted to the USCIS in order to provide evidences in regard to your case.
- In case of H1-B petitions, the petitioner company or the attorney receives the RFE and they need to respond back to the USCIS with necessary evidences.
Tips from H1BWiki
- If RFE is requested for your case, make sure all the necessary evidences in support to your case are provided together to the USCIS.
- Do not provide partial documentation which might create unnecessary concerns.
- Consider consulting with an immigration attorney.
- Try to avoid RFE. Review your case initially before filing the petition and make sure you have all the necessary evidences for the adjudication officer at the USCIS to make a decision.