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Navigating RFEs: Expert Tips and Guidance
How to deal with H-1B RFE and OPT RFE
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 for evidence USCIS issues, 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.
RFEs and Their Common Triggers
A Request for Evidence (RFE) from USCIS is a formal request for additional information or documentation needed to make a decision on an application. This formal request, such as for an OPT or H1B petition, does not necessarily mean the application will be denied; rather, it presents an opportunity to provide the missing evidence required for USCIS to reach a decision, a critical juncture for those facing an RFE.
🌟 Common Triggers for RFEs
🌟 Types of RFE response
Detailed Triggers and Solutions for H-1B RFEs
1️⃣ Specialty Occupation Clarification
2️⃣ Beneficiary Qualifications
3️⃣ Employer-Employee Relationship
4️⃣ Prevailing Wage Level Issues
5️⃣ Worksite Locations and Itineraries for Third-Party Placements
6️⃣ Maintenance of Status
7️⃣ Availability of Work (In-House Projects)
Detailed Triggers and Solutions for OPT RFEs
1️⃣ Employment Relevance
2️⃣ Employment Documentation
3️⃣ OPT Timing
4️⃣ F-1 Status Maintenance
5️⃣ Previous Practical Training
6️⃣ Employment Changes
❗️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 a 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 from 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.
Timeline to Respond an RFE
4.1 Response Deadline
Typically, you'll find the deadline for responding to an RFE outlined in your notification letter. If you find that this crucial detail is absent, kindly consult the table below for the general RFE response time.
4.2 Suggestion Timeline
Step 1
Get the Receipt of RFE
Step 2
Understand the RFE
In first 1-2 weeks | You may need to get external help from school DSO or immigration attorney.
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 4
Collect Supporting Docs
Reach out to relevant stakeholders to gather necessary documentation.
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
Pro Tips for the RFE Response:
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.
FAQs
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.
- USCIS Service Center Immigration Services Officers (ISOs)
- Waiver Review Division
- Regional Processing Facility director (for certain adjustments of status)
- USCIS officer who made the initial decision (for appeals)
Yes, To request premium processing, you must file Form I-907, Request for Premium Processing Service, along with the filing fee of $1965.
Yes, along with the filing fee of $2805.
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❗️Be aware that there's a possibility your RFE response might not be accepted.
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Although we do not wish for this to happen, if it does occur, it might mean that you will lose your legal status in the U.S.
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Note: All the information above are time sensitive. We recommend contacting professional lawyers before making any decisions. None of the information in this article is intended to provide legal advice.
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