Requests for Evidence (RFE) are Increasing
Envoy’s affiliated law firm, Global Immigration Associates (GIA), is reporting an unusually high number of Request for Additional Evidence (RFEs) notices being issued for H-1B cases. The increase appears to be occurring across the country for H-1B cases – certainly those filed for the H-1B cap – and is not limited to any industry or employer type. As it stands, USCIS seems to be applying a strict standard review and making new or misguided requests for the case type.
The USCIS is issuing RFEs for H-1B cases where their Labor Condition Act (LCA) uses wage level 1. For all H-1B cases, an LCA certified by the Department of Labor is required. Based on the job description, job requirements and DOL occupational code, a wage level from 1 to 4 is selected. A level 1, for most H-1B positions, is a job that requires a Bachelor’s degree and 0-to-2 years of experience. In these RFEs, the USCIS is requesting additional information as to how the position qualifies as H-1B caliber. It is important to note that the USCIS’ targeting of wage level 1 is a change in policy.
We will continue to keep you apprised of any updates. In the meantime, if you have any questions, please reach out to your immigration attorney.