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.