Skip to main content

Top 10 - Reasons for RFE - Request for Evidence by USCIS - Latest Info



Top Reasons for an RFE There are a number of reasons why USCIS may issue an RFE. 

Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions.

Click below useful links for "RFE Discussions" Facebook group & useful stamping groups etc., & to see different / latest approval cases, Specialty Occupation documents, RFE document samples etc.,

RFE Discussions group

       https://www.facebook.com/groups/rfediscussions

Visa Stamping group

       https://www.facebook.com/groups/visarenewalstampinginmexico 

H1B Extension or Transfer Denied (To know next steps)

       https://www.facebook.com/groups/h1bextensiontransferdenied/




1. Specialty Occupation :
The petitioner did not establish that the position qualifies as a specialty occupation as defined in section 214(i)(1) of the Act and 8 CFR 214.2(h)(4)(ii) and/or that it meets at least one of the four criteria in 8 CFR 214.2(h)(4)(iii).

2. Employer-Employee Relationship :
The petitioner did not establish that they had a valid employer-employee relationship with the beneficiary, by having the right to control the beneficiary’s work, which may include the ability to hire, fire, or supervise the beneficiary, for the duration of the requested validity period.

3. Availability of Work (Off-site) :
The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition.

4. Beneficiary Qualifications:
 The petitioner did not establish that the beneficiary was qualified to perform services in a specialty occupation per 8 CFR 214.2(h)(4)(iii)(C).

5. Maintenance of Status:
 The petitioner did not establish that the beneficiary properly maintained their current status. This category is reflective of many different reasons that status may not have been maintained.

6. Availability of Work (In-house) : The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition.

7. LCA Corresponds to Petition :
 The petitioner did not establish that they obtained a properly certified Labor Condition Application (LCA) and that this LCA properly corresponds to the proffered position and terms of the petition.

8. AC21 and Six Year Limit : 
The petitioner did not establish that the beneficiary was eligible for AC21 benefits or was otherwise eligible for an H-1B extension as it appeared that H-1B had hit the six-year limit.

9. Itinerary :
The petitioner did not meet the itinerary requirement at 8 CFR 214.2(h)(2)(i)(B), which requires petitioners to submit an itinerary with a petition that requires services to be performed in more than one location. The itinerary must include the dates and locations of services to be provided.

10. Fees :
The petitioner did not establish that they paid all required H-1B filing fees.

Click below useful links for "RFE Discussions" Facebook group & useful stamping groups etc., & to see different / latest approval cases, Specialty Occupation documents, RFE document samples etc.,

RFE Discussions group

       https://www.facebook.com/groups/rfediscussions

Visa Stamping group

       https://www.facebook.com/groups/visarenewalstampinginmexico 

H1B Extension or Transfer Denied (To know next steps)

       https://www.facebook.com/groups/h1bextensiontransferdenied/

Comments

Popular posts from this blog

what are my options after H1B Visa Extension or Transfer Denial ?

Options after H1B visa extension or Transfer Denial            (4 mins Reading time)Click on below group to Join useful Facebook groups to meet other members.Click below link for "H1B Extension or Transfer Denied" group  https://www.facebook.com/groups/288791008619195/

Click below link for "RFE Discussions" group  Join these groups for latest updates,  information https://www.facebook.com/groups/rfediscussions
Click below link for "Any US Visa Renewal or H1B to H4 or H4 to H1B - Change of status stamping or Consular processing (I-797B)" https://www.facebook.com/groups/visarenewalstampinginmexico
Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. It first went into RFE, and subsequently denied. It was denied because USCIS was not satisfied with the project details attached by his employer. His employer had placed him at a third party client site for the project. The initial RFE was was replied to. However, USCIS wa…

Useful Information for H1B, H4, L1, E3, F1, J, Any US Visa Holders

This website " Visa Information Hub" is created to share all useful information, groups links etc., for H1B, H4, L1, E3, F1, J, Any US Visa Holders.



1) If you are on H1B, L1 etc.,& going through RFE's.(Request for Evidence)  To know more info on H1B - RFE's - Request for Evidence. To look at different cases, approvals, documents submitted etc., Join this group for more info. RFE Discussions groups (11000 + Members) 


Click below link for "RFE Discussions" group  https://www.facebook.com/groups/rfediscussions
Click below link for "Any US Visa Renewal or H1B to H4 or H4 to H1B - Change of status stamping or Consular processing (I-797B)" 
-  3500+ Members https://www.facebook.com/groups/visarenewalstampinginmexico


If you need help with "Expert Opinion letter" or "Industry Expert letter" from a Professor,  who handled many successful RFE's. Feel free to email "sharinginfoashelp@gmail.com"
Check this Google Drive Link for Sampl…

USCIS Site Visit - Latest Details - March 2019

Join these groups for latest updates,  information https://www.facebook.com/groups/rfediscussions https://www.facebook.com/groups/visarenewalstampinginmexico
March 13th  2019 This morning USCIS/DHS Officer had visited Client Office for me. Questions Asked : 1.Who is your employer? How many years are you with your employer?
2.What’s your date of birth?
3.What are your working hours? Do you come to office every day? What are your working hours?
4.Do you have an option of being remote? Do you work remotely? If yes how many days a month?
5.Has any of your employer filled your Immigration Petition(I-140).
6.What’s your pay? Are you getting paid on time?
7.Is there any implementation partner between you and Client?
8.Does everyone at work treat you well.
9.What exactly do you do here? Who is your supervisor?
10.Are you happy with what you are doing in your work?
11.Are there any one reporting to you directly or indirectly?
12.When did you actually start working at this location.
13.What’s…