Navigating the Challenges of H-1B RFE and Approval: Insights from FY 2019

Visa processes can be challenging and complex, especially for international professionals looking to work in the United States through the H-1B visa program. Understanding the intricacies of an H-1B Request for Evidence (RFE) and the varying outcomes of the approval process is crucial. This article delves into the experiences of individuals who have navigated the RFE process and have either received a request for further information or an approval notice, focusing on insights from the H-1B Fiscal Year (FY) 2019.

The Process of H-1B RFE

The Request for Evidence (RFE) is a mandatory step in the H-1B application process. When a U.S. Citizenship and Immigration Services (USCIS) officer determines that an application lacks sufficient documentation or requires additional information, they will issue an RFE. This process can be daunting, especially given the often limited timeframe in which to submit the requested documents, currently 87 days for the 2023 fiscal year.

Personal Experience: An Oct 1st RFE Notification

One of our readers, let's call them Jane Doe, received an RFE notification on October 1st, 2018. Jane is a skilled professional in the tech industry, and her application for the H-1B visa through the FY 2019 intake was part of a larger pool of applications. The RFE requirement can be a crucial hurdle, and it requires thorough compliance with USCIS' requirements to avoid denial or further delays.

Historical Context: RFE and Approval Rates in FY 2019

As of June 20th, 2018, we observed a mixed outcome in the FY 2019 H-1B RFE process. One RFE was issued, but alongside it, one application received an approval notice. This data set provides us with a glimpse into the outcomes for carefully selected cases but does not account for the outcome of other selected applications or the unselected ones. Understanding these outcomes can help in refining strategies and documentation for future applications.

Key Factors Influencing RFE and Approval

Maintaining a clear and comprehensive application is crucial. The H-1B application process requires detailed information about the sponsoring employer, the beneficiary's qualifications, and evidence that the position requires specialized knowledge. When an RFE is issued, it is often due to missing or unclear information, such as the justification for the wage level, evidence of the beneficiary's qualifications, or the employer-employee relationship.

Future Strategies and Advice

Given the importance of the H-1B RFE process, here are some strategic steps to consider for future applications:

Thorough Documentation: Collect all necessary documents and evidence well in advance of filing the application. Sponsorship Letters: Ensure that the sponsorship letter from the employer is detailed and complete, including information about the job duties, special knowledge, and market demand for the position. Consult Professionals: Consider consulting with an immigration attorney or a dedicated H-1B preparation service to ensure compliance with USCIS requirements. Clear Communication: Maintain clear and consistent communication with the employer and the USCIS to avoid misunderstandings.

Conclusion: Knowledge and Preparation are Key

Undergoing the H-1B RFE and approval process can be a challenging journey, but with careful preparation and a strong understanding of your rights and obligations, the process can be navigated successfully. The experiences of Jane Doe and others highlight the importance of thorough documentation and professional guidance in securing an H-1B visa.

By staying informed about the latest developments and laws related to the H-1B visa program, professionals can better prepare for the RFE process and increase their chances of a successful approval.