What are H1B RFEs related to ”Speculative Work” and ways to avoid them?

Many employers may have received an H-1 B RFE from USCIS in previous H-1 B cap season filings, and we may face the same situation in the 2027 H-1 B Cap season. After the employer has filed the petition for a beneficiary employee, USCIS may request additional information to verify the claims made in the H-1 B petition. USCIS will issue a notice to the employer called an H-1 B RFE if it doubts the information in the petition, finds errors, or believes the petition is not compliant with H-1 B guidelines, among other scenarios.

What is speculative work H1-B RFE?

This RFE is familiar to H-1 B employers who place H-1 B beneficiary workers at third-party work sites or end-client locations, a typical case for companies or employers in the IT and consulting sector. Employers who file H-1 B petitions without justifying the work they have for the beneficiary may receive such an RFE. As per H-1b regulations, employment cannot be speculative, i.e. the employer cannot hire the worker with the intent of looking for a project for the worker after the worker is hired. They should have a confirmed job for the employee before filing the H-1b petition.

How to avoid a Speculative Work H1-B RFE?

If the employers want to avoid the issuance of a speculative work H1-B RFE, there are documents that an employer needs to provide to USCIS to justify their claims for an H1-B petition filed in the new H1-B cap season 2027:

1. A copy of the contract or purchase order from any client would show available work for the beneficiary H-1 B foreign worker.
2. An email confirmation or letter from the client describing the project’s duties, work location, and duration.

As an H-1 B employer, one should be prepared with proof that the work in question is non-speculative to handle an RFE like this. Any delay in providing the requisite evidence can lead to cancellation of the H-1 B petition and hamper your recruitment plan.

Why Does Speculative Work Lead to an RFE?

The USCIS requires that all applicants for an H1B visa have a specific job offer from a U.S. employer before they can apply for the visa. This is because the H1B visa program is designed to fill specific jobs in the U.S. that cannot be filled by U.S. citizens or permanent residents. If an applicant does not have a specific job offer, they are not eligible for the H-1 B visa program and will likely receive an RFE from USCIS.

Ways to Avoid Speculative Work

The best way to avoid speculative work when applying for an H1B visa is to make sure that you have a specific job offer from a U.S. employer before you apply. This will ensure that you are eligible for the H-1 B visa program and reduce the chances of receiving an RFE from USCIS. Additionally, it is important to ensure that all your documents are up to date and accurate before submitting your application. This will help to ensure that your application is processed quickly and without any issues. –  What is the impact typo errors in H1B registration?

What to Do if You Receive an RFE

If you receive an RFE from the USCIS, it is important to respond quickly and accurately. Make sure you provide all necessary documents and information requested by USCIS to ensure your application is processed quickly and without issues. Additionally, it is important to ensure that you are honest and accurate in all your responses to USCIS to avoid potential issues with your application. (All You Need To Know About H1-B Lottery Process)

Speculative work can lead to an RFE from USCIS when applying for an H-1 B visa. It is important to ensure you have a specific job offer from a U.S. employer before applying to avoid this issue. Additionally, it is important to ensure that all of your documents are up to date and accurate before submitting your application, and to respond promptly and accurately if you receive an RFE from USCIS. By following these steps, you can ensure that your H1B visa application is processed quickly and without issues.- — What is the process of appeal for an H1-B registration rejection due to duplicity?

For more information, contact The Law Offices of Prashanthi Reddy at prashanthi@reddyesq.com or by calling 212-354-1010. Our Immigration Attorney Also Provides Immigration Services to Other U.S. States, such as New York, Florida,  New Jersey, Texas, and  California .