Expert Tips for Navigating H-1B and OPT RFEs

In this Guide

Have you ever faced the daunting challenge posed by a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS)? Imagine the moment you find that ominous envelope in your mailbox, the weight of uncertainty instantly pressing down upon you. An RFE, a common request issued by USCIS, can feel like a serious roadblock, one that requires swift and precise action to overcome.

Understanding the nuances of immigration documentation and the common pitfalls to avoid can make all the difference. An informed approach to your visa application is crucial in minimizing the chances of receiving an RFE.

01 RFEs and Their Common Triggers
02 Detailed Triggers and Solutions for H-1B RFEs
03 Detailed Triggers and Solutions for OPT RFEs
04 Timeline to Respond an RFE
05 Pro Tips for the RFE Response
06 FAQs

01 RFEs and Their Common Triggers

Details

Solution

USCIS may issue an RFE for H1B petitions if it is not clear that the job qualifies as a specialty occupation, which requires theoretical and practical application of a body of highly specialized knowledge.

Provide detailed job descriptions, including specific duties, tools, and methodologies used, and explain how these require a degree in a specific specialty. Include industry standards or expert opinions if necessary.

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Solution

If USCIS doubts the beneficiary's qualifications for the position, such as educational qualifications, specialized knowledge, or a mismatch of qualifications and job duties,

Submit detailed evidence of the beneficiary's educational credentials, including transcripts, evaluation of foreign degrees, and any relevant work experience that demonstrates qualifications for the specialty occupation.

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Solution

USCIS may question whether a valid employer-employee relationship exists, especially in consulting or third-party worksite arrangements.

Provide contracts, letters from end clients, and a detailed description of how the employer maintains control over the beneficiary's work, including hiring, paying, supervising, and the ability to fire.

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Solution

An RFE may be issued if the offered wage level is deemed insufficient for the position based on its duties and location.

To justify the wage level, provide additional evidence, such as industry standards, salary surveys, and detailed explanations of the job duties and requirements.

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Solution

USCIS may require more evidence about the beneficiary's proposed work assignments, especially in cases involving work at third-party sites.

Submit detailed itineraries of the beneficiary's work assignments, contracts with end clients, and evidence of the actual work to be performed at the third-party site.

Details

Solution

If there are concerns about the beneficiary's maintenance of current immigration status, an RFE may be issued.

Provide evidence of the beneficiary's status, including I-94 records, visa, and pay stubs. Including a birth certificate can further substantiate the beneficiary's personal information.

Details

Solution

For petitions that involve in-house projects, USCIS may issue an RFE to ensure that sufficient work is available.

Provide detailed project descriptions, contracts, and letters from clients or internal project managers that confirm the project's existence, duration, and the specialized duties the beneficiary will perform.

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Solution

RFE for a job is not clearly related to the student’s field of study.

Ensure job duties and descriptions clearly align with the student’s major; document the relevance thoroughly.

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Solution

RFE for lack of proof of job offers or employment related to the field of study.

Provide job offer letters, contracts, and detailed descriptions of the work related to the field of study.

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Solution

For post-completion OPT, submit your application from 90 days before to 60 days after your program ends, and within 30 days after your DSO recommendation is added to SEVIS.

Maintain detailed records of employment dates; ensure authorization before starting; explain any gaps in employment.

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Solution

RFE if the student fails to maintain F-1 status, such as under-enrollment or not being enrolled at all.

Keep full-time enrollment or required course load; document any exceptions or changes with DSO approval.

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Solution

RFE to verify total training duration does not exceed limits if the student had prior CPT or OPT.

Document and calculate total duration of practical training, including any previous CPT or OPT periods.

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Solution

RFE if significant changes in employment terms are not documented and reported.

Report changes in job duties, location, or employer to the DSO promptly; keep documentation of all updates.

❗️Key Considerations During OPT to Avoid RFEs for STEM OPT Extensions

Match CIP Code: Ensure the Classification of Instructional Program (CIP) code on Form I-20 matches the student’s diploma or transcript to prevent inconsistencies.
Find an E-Verified Employer: Verify that your current employer participates in the E-Verify program; if not, it's essential to secure a position with an E-Verified Employer to bolster your application for an OPT extension.
Report Changes: Notify your Designated School Official (DSO) or make updates in your SEVP portal regarding any major changes to your training plan.
Notify of Employment Changes: Report any termination of employment or change of employer to the DSO within five business days.
Complete Form I-983 (Training Plan):
- Employer’s EIN: Ensure the Employer Identification Number (EIN) provided is correct.

Step 1

Step 1
Get the Receipt of RFE

Step 1

Step 2

Step 2
Understand the RFE

In first 1-2 weeks | You may need to get external help from school DSO or immigration attorney.

Step 2

Step 3

Step 3
Come Up with a Strategy

Determining the contents of your RFE cover letter and selecting the appropriate documents for your support files will be crucial steps in this process.

Step 3

Step 4

Step 4
Collect Supporting Docs

Reach out to relevant stakeholders to gather necessary documentation.

Step 4

Step 5

Step 5
Submit the formal RFE Response to USCIS

By the deadline | Ensure timely submission of your RFE response to prevent any denials or unwelcome holdups.

Please organize the RFE response as follows:

The Original RFE document
A well-crafted RFE cover letter
Every piece of evidence and supporting document requested

Step 5

Respond online or by mail, but not both, to avoid duplication and confusion.

Include an index of the corresponding evidence for each argument made to provide a clear roadmap for the USCIS Adjudicating Officer.

Withdrawing your RFEs will not indicate that you are getting denied or approved for your case (rarely seen.)

Remind USCIS that the standard for proof is 'preponderance of evidence,' which means you can submit supporting evidence that isn't primary but still helps make your case.

Address any potential inconsistencies or evidentiary issues immediately to avoid delays or denials in adjudication.

Develop cover letters that align perfectly with the documents you submit, addressing specific eligibility criteria or USCIS concerns while ensuring every piece of evidence is thoroughly documented.

Submit all requested materials together at one time, along with the original RFE or NOID, as USCIS does not wait for a second RFE response or issue a second RFE for partial responses.If you don't fully and accurately answer a Request for Evidence (RFE), your application might be denied.

Receiving a Request for Evidence (RFE) simply means that USCIS needs more information to make a decision on your application. It is not an indication of a denial nor does it necessarily predict a negative outcome. An RFE can be issued if the provided evidence is insufficient or unclear and requires additional clarification. It's important to view an RFE as an opportunity to strengthen your case rather than a negative indicator. Understanding the RFE meaning USCIS can help you respond more effectively.

In Fiscal Year 2023, the approval rate for cases that had received an RFE was 79.8%, a slight decrease from 85.5% in Fiscal Year 2022, as reported by USCIS. This statistic suggests that receiving an RFE can be a good sign when responded to correctly, indicating a chance to provide additional evidence that can help in securing approval.

No. Generally, USCIS sets strict deadlines for RFE responses and does not grant extensions. Applicants should make every effort to respond within the given timeframe. If you encounter exceptional circumstances that prevent you from responding on time, contact USCIS immediately to discuss your situation, but be prepared for the possibility that an extension may not be granted. Being mindful of the USCIS RFE response time is critical for a successful petition.