Getting an RFE on an H-1B petition doesn’t mean denial, but it does mean delays, extra legal costs, and stress for everyone involved.
The good news? Most RFEs are preventable. Here are the top issues we see, and how to get ahead of them
1. Weak “Specialty Occupation” Evidence: USCIS wants to see that the role truly requires specialized, degree-level knowledge. Vague duties or generic titles invite questions. Fix: Explain why the job needs that specific degree; don’t just list responsibilities.
2. Generic Job Descriptions: “Develop software applications” tells USCIS nothing. Fix: Be specific: technologies used, decision-making authority, business impact.
3. Employer–Employee Relationship Gaps: Common for consulting/staffing roles. USCIS needs to see that the petitioner controls hiring, pay, and supervision, not the end client. Fix: Include org charts, contracts, and supervision details.
4. Inconsistent Paperwork: Mismatched salaries, titles, or duties across the LCA, I-129, and support letter is a red flag. Fix: Cross-check every document before filing.
5. Weak Support Letters: A thin cover letter won’t cut it. The support letter should tell the full story: why the role exists, what it requires, and why it qualifies. Fix: Make it detailed, specific, and legally grounded.
If you’ve already received an RFE or want a second set of eyes on a petition before you file, don’t leave it to chance. Feel free to reach out to us for any H-1B or RFE-related queries; we’re happy to help you put together a strong, well-documented response or filing.
Our firm will continue to monitor developments and provide updates on any future legislative or judicial changes affecting U.S. immigration law. If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here.