According to USCIS, the following are the top 10 reasons in order from most to least common reasons for why USCIS may issue an RFE:
1. Specialty Occupation
The petitioner did not establish that the position qualifies as a specialty occupation as defined in section 214(i)(1) of the Act and 8 CFR 214.2(h)(4)(ii) and/or that it meets at least one of the four criteria in 8 CFR 214.2(h)(4)(iii).
2. Employer-Employee Relationship
The petitioner did not establish that they had a valid employer-employee relationship with the beneficiary, by having the right to control the beneficiary’s work, which may include the ability to hire, fire, or supervise the beneficiary, for the duration of the requested validity period.
3. Availability of Work (Off-site)
The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition.
4. Beneficiary Qualifications
The petitioner did not establish that the beneficiary was qualified to perform services in a specialty occupation per 8 CFR 214.2(h)(4)(iii)(C).
5. Maintenance of Status
The petitioner did not establish that the beneficiary properly maintained their current status. This category is reflective of many different reasons that status may not have been maintained.
6. Availability of Work (In-house)
The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition.
7. LCA Corresponds to Petition
The petitioner did not establish that they obtained a properly certified Labor Condition Application (LCA) and that this LCA properly corresponds to the proffered position and terms of the petition.
8. AC21 and Six Year Limit
The petitioner did not establish that the beneficiary was eligible for AC21 benefits or was otherwise eligible for an H-1B extension as it appeared that H-1B had hit the six-year limit.
9. Itinerary
The petitioner did not meet the itinerary requirement at 8 CFR 214.2(h)(2)(i)(B), which requires petitioners to submit an itinerary with a petition that requires services to be performed in more than one location. The itinerary must include the dates and locations of services to be provided.
10. Fees
The petitioner did not establish that they paid all required H-1B filing fees.
Ensuring complete documentation, proper filing, and payment fees can be daunting. To be approved for an H-1B visa, you must make sure that all required documents are filled out properly and filed on time. There are also new regulations that might be confusing for those not familiar with immigration law. So it’s always best to work with an immigration attorney who can assess your situation and ensure that your petition is filed properly.
Consult with an H-1B visa lawyer who has extensive knowledge of immigration laws, particularly in business and employment immigration. At Ramchand & Raval, our immgration lawyers have the expertise guide you through the H-1B process.
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