The H-1B visa is a coveted work visa for foreign professionals seeking employment in the United States. However, receiving a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) can be a daunting obstacle in the H-1B application process. An RFE indicates that USCIS requires additional information or documentation to make a decision on your petition. Successfully responding to an RFE is crucial to the approval of your H-1B visa. Here are five critical areas of concern that often arise in H-1B RFEs and strategies to address them effectively.

1. SOC Code and Job Zone Relations
   
   

   Concern
   
   USCIS often scrutinizes the Standard Occupational Classification (SOC) code and the Job Zone assigned to the H-1B position to determine if the job qualifies as a specialty occupation.

   Strategy

   • Accurate SOC Code Selection: Ensure the SOC code accurately reflects the job duties. Provide a detailed job description that aligns with the selected SOC code.

   • Job Zone Analysis: Demonstrate that the position falls within Job Zones 4 or 5, which typically require a bachelor's degree or higher. Include industry reports and authoritative sources that support the educational requirements of the position.

2. Proving Specialty Occupation through Industry Standards and Expert Opinion Letters
   
   

   Concern

   USCIS may question whether the job qualifies as a specialty occupation that requires a specific bachelor's degree or higher.

   Strategy

   • Industry Standards: Provide documentation from industry associations, publications, and authoritative sources that establish the position as a standard occupation requiring a specialized degree.

   • Expert Opinion Letters: Obtain letters from industry experts or academic professionals who can attest to the specialized nature of the position. Ensure the experts' credentials and the basis of their opinions are thoroughly documented.

3. Availability of the Specialty Occupation Job at the Employer's Office or Client Site
   
   

   Concern

   USCIS may doubt whether the specialty occupation position is available at the employer's office or at the client site where the employee will be working.

   Strategy

   • Employer's Office: Provide organizational charts, photos, and descriptions of the employer's facilities, highlighting the presence of similar positions.

   • Client Site: If the employee will work at a client site, include a detailed itinerary, client letters, and contracts that clearly outline the employee's duties and the nature of the work being performed.

4. Proving Maintenance of Status
   
   

   Concern

   USCIS may request evidence that the beneficiary has maintained lawful status in the U.S. throughout their stay.

   Strategy

   • Comprehensive Documentation: Provide all I-94 records, previous visa approvals, and records of employment authorization. Ensure there are no gaps in employment or status.

   • Continuous Employment: Submit pay stubs, employment verification letters, and other documentation that demonstrate continuous employment during the period in question.

5. Responding to Complicated CPT Employment RFEs

Concern

USCIS may raise issues regarding Curricular Practical Training (CPT) employment, especially if there are concerns about the nature and duration of the employment.

Strategy

• Proper CPT Authorization: Provide documentation from the academic institution, including CPT authorization letters, course descriptions, and evidence that the CPT employment is an integral part of the curriculum.

• Employment Details: Include detailed information about the CPT employment, such as offer letters, job descriptions, and evidence of academic supervision and evaluation.

General Tips for Responding to RFEs

• Thorough Review: Carefully review the RFE to understand all the issues raised by USCIS.
• Detailed Responses: Provide detailed and well-organized responses to each issue. Avoid generic statements; instead, use specific examples and documentation.
• Professional Assistance: Consider seeking assistance from an experienced immigration attorney who can help navigate the complexities of the RFE response process.

Successfully responding to an H-1B RFE requires meticulous preparation and a strategic approach. By addressing these critical areas of concern effectively, you can enhance your chances of securing an H-1B visa approval.