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With new rules going into effect that may or may not last until the H-1B cap-subject filing season, it is more important than ever for H-1B applicants to take precautionary measures to prevent RFEs. Over the past few years, we have seen up to three rounds of RFEs before visa approval.  This has caused H-1B […]

The easiest way to address an education RFE is to avoid one in the first place.  If you are, or if your employee or client is applying for H-1B visa status, here are three circumstances in which an credential evaluation is essential to preempt any education issues on the road to visa approval: 1. Three-Year […]

US District Court Judge Reggie B. Walton upheld the STEM OPT program by the Department of Homeland Security in a lawsuit brought against the department by the Washington Alliance of Technology Workers.  This ruling upheld that foreign graduates of accredited US academic institutions with STEM degrees work in the United States for up to three […]

Every year, USCIS rolls out more monster RFEs that are impossible to answer by their own guidelines.  This includes the Nightmare RFE that has everything and its mailman in it and the Triple Threat RFE that calls wage level, specialty occupation, and education into question.  What happens when these two are wrapped up in one? […]

When the number of cap-subject H-1B petitions exceeds the allotted 65,000 annual H-1B visas and additional 20,000 visas for beneficiaries with master’s degrees or higher, USCIS has a randomized lottery to select which petitions will be processed.  Like last year, electronic registration will be the first step, and then those selected will be asked to […]

When USCIS finds one red flag in a petition, that triggers a scrutiny of the entire case which can lead to RFEs that are very difficult to answer.  The Triple Threat RFE can be triggered by wage level specialty occupation, or education issues, and escalates to a monster RFE that calls all three into question. […]

With the new H-1B Interim Final Rule, it is more important this year than ever to make sure the H-1B employee’s degree specialization is an EXACT MATCH for the proffered position. The Interim Final Rule that goes into effect December 2020 narrows the definition of specialty occupation and codifies the way that USCIS has been […]

When USCIS finds one problem with an H-1B petition, they typically find more.  One red flag leads to a close scrutiny of the case and this leads to complex RFEs like the Double, Triple, and Nightmare RFEs.  The Double RFE that has become overwhelmingly common since 2017 takes issue with wage level and specialty occupation […]

The University of Pennsylvania’s Wharton School study conducted in July of 2020 confirmed that immigration is essential for economic growth in the United States.  According to this study, immigrants are 80% more likely to be entrepreneurial.  Furthermore, companies started by immigrants create 42% MORE jobs than businesses started by Americans.  This was found to be […]