As we all know that the H1-B cap season is over, there is always a chance to get an RFE request from USCIS. As the name suggests, RFE or Request for Evidence is an inquiry by USCIS asking for additional documents & proof which justifies the case of H1-B filling. This episode discusses various scenarios under which USCIS can request an RFE from the employer regarding one specific beneficiary and what additional information needs to be provided to the USCIS to justify the case. The specific RFE cases discussed in this episode include
- In the case where the employer might need to prove that the job falls under the criteria of speciality occupation, and the beneficiary requires specialized educational qualification to deliver services during the job.
- In a typical case for the employers in the consulting space, the USCIS can request an RFE to judge whether the beneficiary would be engaged in permanent employment with a third-party client or their work is speculative.
- Maintenance of status cases, where the beneficiary is filling for change of status to H1-B. The RFE requested, in this case, would be based on the issues related to the maintenance of earlier status till the date of filling.
