Receiving an H-1B Request for Evidence (RFE) is a major concern for many applicants. However, based on our experience, most RFEs can be successfully overcome with a precise, well-crafted response.
Most Common RFE Types
The H-1B RFEs we handle primarily fall into three areas: (1) Specialty occupation — USCIS questions whether the position truly requires a bachelor's or higher degree in a specific field; (2) Beneficiary qualifications — whether the degree matches the job requirements; (3) Wage level — whether the salary meets the prevailing wage for that occupation and area.
Responding to Specialty Occupation RFEs
Your response should include: a detailed job description highlighting the complexity and specialized nature of daily duties; comparison of peer employer hiring requirements proving the position typically requires a related degree; an expert opinion letter arguing the academic connection between the position and the degree.
Handling Degree-Match RFEs
When the beneficiary's degree does not directly correspond to the position, supplement with: course-by-course analysis, equivalent degree evaluation from a recognized credential evaluation agency, and employer letters specifying how the beneficiary's specialized skills apply to the role.
Response Timeline Management
RFEs typically allow 60 or 87 days for response. We recommend completing analysis and strategy within the first week, gathering supplementary evidence in weeks two through four, and finalizing materials for review in the last two weeks. Never wait until the last few days to submit.
Success Stories
The Peng Law maintains an excellent RFE response success rate. Recent examples include: a software engineer position challenged as non-specialty that was approved after our response; and a cross-discipline applicant approved through credential evaluation and detailed experience documentation. Every case requires a tailored strategy.
Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. Immigration law is complex and constantly evolving. Please consult a qualified immigration attorney for advice specific to your situation.