Many employers might have received an H1-B RFE from USCIS in previous H1-B cap season filings, and we can also face the same situation in the 2024 H1-B Cap season. After the employer has filed the petition for a beneficiary employee, USCIS can ask for additional information to verify claims made in the H1-B petition. USCIS will issue a notice to the employer called the H1-B RFE if they think the information in the petition is doubtful, there are errors, or things need to be more compliant with H1-B guidelines and similar other scenarios.
What is speculative work H1-B RFE?
This RFE is familiar to H1-B employers who place H1-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-1b petitions without justifying the work that they have for the beneficiary may get 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 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 2024:
- A copy of the contract or purchase order by any client would show available work for the beneficiary H1-B foreign worker.
- An email confirmation or letter from the client describing the project’s duties, work location, and duration.
As an H1-B employer, one should be ready with proof that the work in consideration is non-speculative to handle an RFE situation like this. Any delay in providing the requisite evidence can lead to the cancellation of the H1-B petition and can 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, then they are not eligible for the H1B visa program and will likely receive an RFE from the 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 H1B visa program and will reduce the chances of receiving an RFE from the USCIS. Additionally, it is important to make sure that all of 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 that you provide all of the necessary documents and information requested by the USCIS in order to ensure that your application is processed quickly and without any issues. Additionally, it is important to make sure that you are honest and accurate in all of your responses to the USCIS in order to avoid any potential issues with your application. (All You Need To Know About H1-B Lottery Process)
speculative work can lead to an RFE from the USCIS when applying for an H1B visa. It is important to make sure that you have a specific job offer from a U.S. employer before you apply in order to avoid this issue. Additionally, it is important to make sure that all of your documents are up-to-date and accurate before submitting your application, and to respond quickly and accurately if you receive an RFE from the USCIS. By following these steps, you can ensure that your application for an H1B visa is processed quickly and without any 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 email@example.com, or by calling 212-354-1010. Our Immigration Attorney Also Provide Immigration Services to Other U.S State As Well new York, Florida, New Jersey, Texas, and California .