Litwin & Smith, ALC, assists U.S. employers and foreign nationals in obtaining H-1B visas, offering experienced guidance and an industry-leading understanding of the H-1B process.
WHAT IS AN H1B REQUEST FOR EVIDENCE (RFE)?
Many potential issues can lead to an H1B RFE. These issues are primarily caused by incomplete documentation or a failure to support claims made in the application. According to USCIS, here are the most common reasons applicants receive an RFE:
RFEs can be issued in relation to applications for the initial H-1B visa, a transfer of status or an extension. Information requested can relate to the petitioning employee, the sponsoring employer or both.
If you’ve received a Request for Evidence, don’t panic. USCIS has the power to reject petitions outright, but an RFE is not a denial.
Your H1B application still has a chance of approval, but great care must be taken to ensure that your response does enough to remove any areas of doubt or uncertainty that the adjudicator may have regarding your application. For this reason, it’s equally important to ensure that you are completely certain about what it is that you need to clarify in your answer.
If you do not respond to the RFE on time with adequate supporting evidence, your petition will likely be rejected.
About Litwin & Smith
6379 Clark Avenue, Suite 260
Dublin, CA 94568
5201 Great America Parkway,
Suite 320, Santa Clara, CA 95054
Copyright Litwin & Smith 2022 | All Rights Reserved