Top 10 USCIS Reasons for H1B RFE, Specialty Occupation

Written by Anil Gupta
  By Anil Gupta - Updated on  21 May, 19
  0  

USCIS reasons for RFE
USCIS reasons for RFE

#1 H1B Specialty Occupation RFE

The H1B employer could not prove that the H1B job qualifies as a specialty occupation.

 

#2 Employer-Employee Relationship RFE

Your employer cannot prove a valid employer-employee relationship with you, by having the right to control the
your work, which may include the ability to hire, fire, or supervise the beneficiary, for the duration of the requested validity period.

You can prove employer – employee relationship using these documents.

 

#3 Availability of Work (Off-site)

If H1B employer cannot prove that they have specific projects in a specialty occupation for H1B worker for the entire 3 year time requested in the petition.

If your employer did not submit the documents like project SOW (statement of work) or client contract letter, you are asking for an RFE.

 

#4 Beneficiary Qualifications RFE

If your education and work experience documents do not reflect clearly that you are qualified to perform services in a specialty occupation, you are asking for an immediate RFE.

If your education is in Mechanical engineering and you are filing your H1B application for a software engineer job, the chances are very high that USCIS will ask your employer to prove your claims.

 

#5 Maintenance of Status RFE

If your employer is not paying you salary while on bench or have issues maintaining your status, you can expect the request for documents to prove how are you stating in US legally.

 

#6 Availability of Work (In-house projects)

This is most common RFE for IT consulting companies as they are not able to prove that they have specific in house projects in a specialty occupation for the H1B worker for the entire time requested in the H1B petition.

 

#7 LCA Corresponds to Petition RFE

Did you employer skip the Labor Condition Application (LCA) process or forgot to include it in your H1B application, then you can expect a RFE.

The LCA should match the job position and terms of the petition.

 

#8 AC21 and Six Year Limit RFE

The H1B employer could not prove that you are eligible for AC21 benefits or you are eligible for an H-1B 7th year extension using either approved i140 or a PERM pending for more than 365 days.

 

#9 H1B work Itinerary

If your H1B employer did not submit the itinerary for your job at end client location that requires you work to be performed in more than one location.

The itinerary must include the dates and locations of work to be provided.

 

#10 Correct Fees Not Paid

This would be the most foolish RFE and you will be responsible if you did not pay the applicable fees for your application.

Un-Common RFE reasons

You can receive RFE if your home location is far away from your work location. Recently, an H1B worker was issued an RFE to justify his home address which is about 96 miles away from his office.

H1b RFE for home address too far from office
H1b RFE for home address too far from office

 

The USCIS argued that your work location should be close to your employer’s office and should be in reasonable commutable distance. There is no official USCIS approved mile range criteria to measure the commutable distance, but you should be able to prove that you have a valid reason to take long commutes daily.

In the above case, the H1B worker moved closer to his wife’s work office to help her with her medical condition of pregnancy. A medical justification is legitimate and should be approved by USCIS as we recommended him to send the pregnancy history records.

 

 

Source: USCIS









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