USCIS : Top 10 Reasons Why RFE was Issued In The FY 2018

Published On
Mar 29, 2019
Read Time
5.5 Minutes

The Cap season is here! Are you busy filing H-1B petitions? Be careful! A small mistake in filing the petition may lead to an RFE. Here are the top 10 reasons as per the USCIS for issuing an RFE in the FY 2018. These will guide you in filing the petitions and help you in avoiding getting an RFE.

Firstly, what is an RFE?

As an employer, you have to file an H-1B petition for a non-immigrant employee. If in case you haven't submitted all the required information while filing the petition, USCIS may deny your petition. Else, it may rather issue you a Request For Evidence(RFE)/ Notice Of Intent to Deny (NOID) requesting you the evidence. A deadline will be specified in the RFE, which will not be more than twelve weeks.

You should submit all the evidence requested by the USCIS within this specified time. However, a petitioner should remember that an RFE doesn't mean denial. Consider this as a final opportunity to get your petition approved.

These are the top 10 reasons why RFEs were issued in the FY 2018

  1. Specialty Occupation: The foremost important criteria for filing an H-1B is that the job specified in the petition should be a specialty occupation. USCIS may issue an RFE if the employer failed to establish that the mentioned job requirement is a specialty occupation. It should be as defined in section 214(i)(1) of the Act and 8 CFR 214.2 (h)(4)(ii) and/or that it meets at least one of the four criteria in 8 CFR 214.2(h)(4)(iii).

According to 8 CFR 214.2(h)(4)(ii) Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

According to 8 CFR 214.2(h)(4)(iii)
Criteria for H-1B petitions involving a specialty occupation

Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:

(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is "so complex or unique that it" can be performed only by an individual with a degree;
(3) The employer normally requires a degree or its equivalent for the position; or
(4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

So, this is how USCIS evaluates your H-1B petition before issuing an RFE. Hope the reasons will help you in filing your petitions more carefully with all the needed documentation, particularly in case of Specialty Occupation, which is a notorious issue for the organizations.

Have your organization received an RFE? Let us know what reason had made you receive one.

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