At Emandi Law Firm, we stay at the forefront of immigration law to keep our clients informed about recent changes that may impact employers’ businesses and the lives of foreign beneficiaries. With over 28 years of experience in immigration law and a 99% success rate, we meticulously assess documents to maximize the chances of success. In this newsletter, we are highlighting the following types of RFEs to keep our clients ahead of the immigration process.
In light of recent trends, USCIS has become more stringent in reviewing documents submitted for various visa categories, including H-1B, I-140, I-485, and B2 visas. For each visa category, we provide a comprehensive list of documents before filing the case to ensure both employers and employees are well-prepared for a successful outcome and to avoid Requests for Evidence (RFEs).
A RFE for an H-1B visa petition is typically issued by the U.S. Citizenship and Immigration Services (USCIS) when additional information is needed to determine the eligibility of the petitioner or the beneficiary for the visa. These RFEs can vary depending on the specific circumstances of the case, but there are several common types of RFEs that are frequently issued for H-1B petitions. Here are example of some H-1B types:
1. Maintenance of Status for F-1 students
- When does this become an issue?
- When there is a change of status from student visa to H-1B, the USCIS may seek evidence that the student has been maintain status by attending all the University classes in person.
- While the student may be able to attend classes remotely, the student must ensure that he/she should not exceed the respective number of remote classes as per the University policy
- Further, a student cannot be unemployed for greater than 90 days during the initial one year optional practical training (OPT).
- While on STEM OPT, the student should not have exceeded greater 150 days without employment
- The student should always ensure that the SEVIS remains active and is updated with any change of employment
- When does this become an issue?
2. Proof of Specialized Knowledge or Degree
- What it is: USCIS may require additional evidence to prove that the position qualifies as a “specialty occupation” and that the foreign worker meets the qualifications for the job.
- Why it’s issued: The position must require at least a bachelor’s degree or its equivalent in a specific field of study.
- Possible evidence:
- Educational qualifications (such as degree certificates, transcripts).
- Letters from past employers detailing the worker’s experience and qualifications.
- Expert opinion letters attesting to the specialty occupation requirements.
Here are the common types of I-140 RFEs:
1. Employer’s Ability to Pay: Request for evidence that the employer can pay the offered wage.
Documents to Demonstrate Employer’s Ability to Pay:
- Employer’s Tax Returns:
- The most common way to demonstrate the ability to pay is through the employer’s most recent federal tax return (Form 1040,.). If the employer is unable to provide tax returns, audited financial statements or other official business financial documents may be submitted. These statements should show the employer’s profitability and ability to cover wages. If the employee has already started working for the employer, submitting pay stubs showing that the employer has been paying the required wage is also an option.
- Financial Statements:
- If the employer is unable to provide tax returns, audited financial statements or other official business financial documents may be submitted. These statements should show the employer’s profitability and ability to cover wages.
- Pay Stubs:
- If the employee has already started working for the employer, submitting pay stubs showing that the employer has been paying the required wage is also an option.
- Annual Reports:
- For larger employers, annual reports or other business performance summaries may be submitted as evidence of the company’s ongoing financial stability.
- Statement of Support:
- In certain cases, a statement from a company officer (e.g., CEO, CFO) attesting to the financial stability and ability to pay the foreign worker may be helpful in strengthening the petition.
- Other Evidence of Financial Ability:
- If the employer has other assets or is part of a larger corporate group with more resources, those can be included to demonstrate the company’s capacity to pay the offered wage.
- Employer’s Tax Returns:
2. Specialty Occupation: Request for evidence that the job requires a specialized degree.
- Documents: Detailed job description, qualifications, and degree evaluations.
3. Proof of Education and Work Experience: Request for evidence of the beneficiary’s qualifications.
- Documents: Degree certificates, transcripts, experience letters, and credential evaluations.
4. Employer-Employee Relationship: Request for proof of a valid employer-employee relationship.
- Documents: Work contracts, job descriptions, and evidence of supervision.
Here are the common types of RFEs for Form I-485 (Application to Register Permanent Residence or Adjust Status):
1. Medical Examination (Form I-693): Request for a completed medical exam.
- Documents: Form I-693 signed by a USCIS-approved doctor.
2. Affidavit of Support (Form I-864): Request for evidence of financial support from the petitioner or sponsor.
- Documents: Form I-864, tax returns, W-2s, pay stubs.
3. Missing or Incorrect Documents: Request for missing forms or incorrect information.
- Documents: Updated or corrected forms (e.g., birth certificates, passport copies).
4. Proof of Legal Entry (I-94): Request for evidence of lawful entry into the U.S.
- Documents: Copy of the I-94 or entry stamps.
5. Marriage or Relationship Documentation: Request for proof of a valid marriage or relationship (if applying based on family).
- Documents: Marriage certificates, joint financial records, photos, etc.
6. Police Clearance or Court Documents: Request for any criminal records or police clearances.
- Documents: Police clearance certificates or court records, if applicable.
7. Previous Immigration History: Request for more details on past immigration status or visa issues.
- Documents: Copies of prior immigration documents or visa history.
These are typical RFEs that may arise during the I-485 process. Emandi Law Firm has been committed to providing unparalleled services to our clients for over 28 years, helping them overcome immigration challenges. We assist you in every way to make your immigration journey as simple as possible, enabling your company to continue growing exponentially.