The notorious Nightmare RFE has been becoming more and more commonplace over the past few years as USCIS has been caught arbitrarily not approving H-1B visa petitions. These RFEs find issue with virtually everything about the petition – the job, the education, the employer-employee relationship, the wage level, and sometimes even more. By its own guidelines, this RFE is virtually impossible to answer in time.
At CCI TheDegreePeople.com we have been helping our clients answer these RFEs with an above 90% success rate for years. How do we do it? We don’t follow directions!
The trick to answering these RFEs is to not get caught up in the wording and specific demands, but rather to read it through, take a deep breath, and put it down. Go back to the original H-1B eligibility requirements and build the case back up from there. This means making sure if there are any gaps between the required education and the beneficiary’s education, include a credential evaluation that converts their education and work experience into the equivalency of the required degree in the required field. This means including an expert opinion letter along with extensive documentation showing how the job meets specialty occupation eligibility requirements, and that the wage level is set appropriately. This means including an employer letter and copy of the contract to show that the employer can control the work of the H-1B employee. In recent years, USCIS has required employers to provide an itinerary of the projects the H-1B employee will be working on throughout the term of the H-1B visa, along with client names and contact information – this is something that petitioners must anticipate and be prepared to provide this if necessary.
Your answer to the Nightmare RFE will depend on your case, its strengths, and its weaknesses. This is an opportunity to strengthen the entire case. We can help you break it down into manageable steps and set realistic goals and milestones to successfully answer this awful RFE.
For a free review of your case visit ccifree.com. We will respond in 48 hours or less. We have a full staff, working remotely to ensure we can continue to deliver uninterrupted service. 72-hour rush delivery fees for academic evaluations and expert opinion letters are waived for the month of May.