A good amount of the H1B petitions end up getting RFE ( request for evidence ) from USCIS to support their applications. USCIS gives RFE for a variety of reasons like below.
- Employee and Employer Relationship not clearly established : Usually most of the petitions that involve working of the H1B worker at a different location gives rise to questions as this can be quite tricky and may of the IT body shop companies abuse the system a lot. The goal here is that there should be proper employee and employer relationship established between the worker and the employer. You cannot have the h1B worker working for someone else and they controlling them. This was a big issue and a memo called Neufeld Memo came up in late 2011 regarding this issue to stop the fraud here.
- Status clarity for H1B worker : Usually, when you file a petition, you need to clear provide information regarding the status of the H1B worker. For instance, it could be pay slips for current workers, or I20 that includes details of work/ study…anything that can prove the status of the hiring employee. They just want to ensure that you are not hiring someone who are out of status and present illegal in the country.
- VIBE System Mismatches : USCIS uses a system called VIBE to validate a petition and information provided in that regarding the business, employee, etc. VIBE stands for Validation Instrument for Business Enterprises (VIBE), if they see any mismatches in the information or something is flagged by the system, then you can expect an RFE.
- Qualification of the H1B Speciality Occupation : Sometimes, employers just file the application for the employee or H1B worker without properly establishing that the position is specialty occupation and it is required to hire a high skilled worker. When the info is not clear for USCIS they will ask for details in RFE on to prove that the position requires speciality skills and falls under the same. Also, regarding the hiring worker’s qualification as well, if they have bachelors and enough experience to back it, if not.
- Need for the Skilled worker in Small Business : There is so much fraud, where some IT body shop company would be trying to hire an accountant for their business or a big experienced person for their in-house project, it can raise flags here. If the company is small and the hiring position it need to ensure that there is real need and it fits their business…otherwise RFE can be issue to explain the same to USCIS.
- Client Letters for Project – for Off site workers: This one comes a lot when the company is hiring for a client’s project especially the ones that are in the business outsourcing. Sometimes, there is a lot of chance for fraud here. USCIS will ask for the current letters to prove that there is real work and it will last that long. If they do not find the client letter clear, then USCIS will issue an RFE to support the same.
What are the other RFE reasons that you can think of ?