Requests for Evidence (RFEs) Are Increasing Attorneys Find

Last Updated on March 2, 2023


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.