In today’s job market, many skilled workers from around the world aim to work in the U.S. One key path is the H-1B visa. But sometimes, the process hits a snag called a Request for Evidence, or RFE. This article dives deep into h-1b visa rfes. We explain what they are, why they happen, and how you can deal with them. Whether you are an employee or an employer, this guide helps you navigate the process with confidence. By the end, you will know how to avoid common pitfalls and respond strongly.
What Is an H-1B Visa RFE?
USCIS sends an RFE when they need more proof to decide on your H-1B petition. It is not a denial. It just means they have questions. The RFE lists what info or docs you must provide. You get a deadline to reply, usually up to 84 days.
RFEs often come for Form I-129 petitions. They check if the job and worker meet H-1B rules. For example, the job must be a “specialty occupation.” This means it needs a bachelor’s degree or higher in a specific field.
Why does this matter? H-1B visas let U.S. companies hire foreign pros for specialized roles. Think tech, engineering, or finance. But USCIS must ensure everything fits the law. An RFE gives you a chance to fix gaps.
Why Do H-1B Visa RFEs Happen?
USCIS issues RFEs because docs are missing, unclear, or don’t match. Based on recent trends, RFEs are less common now than in past years. But they still affect many petitions.
In FY 2024, only about 8-10% of H-1B petitions got RFEs. That’s down from over 40% in FY 2019. Why the drop? Policy changes made reviews fairer. Still, certain issues trigger them.
Common triggers include:
- Job not seen as specialized: USCIS questions if the role needs degree-level skills.
- Worker quals not proven: Degrees or experience don’t clearly link to the job.
- Work setup unclear: For off-site or remote jobs, they check control over the worker.
These come from USCIS data and expert reports. Knowing them helps you prepare better.
Common Reasons for H-1B Visa RFEs
Let’s break down the top reasons. We use real data from USCIS and law firms to explain each. This section covers details so you can spot risks early.
Specialty Occupation Issues
This is the top RFE reason. USCIS wants proof the job requires a bachelor’s degree in a related field. They base this on DOL’s Occupational Outlook Handbook.
For example, a business degree might not fit a tech role without clear links. In FY 2023, this made up about 30% of RFEs.
How to address it:
- Provide detailed job duties. Show how they need specialized knowledge.
- Include industry letters. Get experts to confirm the role’s needs.
- Link to degree. Use transcripts and evals to match education.
Bold key term: Specialty occupation means the job demands advanced skills.
Employer-Employee Relationship Problems
USCIS checks if the employer controls the worker. This hits hard for third-party or remote setups. They want to see hire/fire power and daily oversight.
In small firms or consulting, this is common. Data shows it affects 20-25% of RFEs.
Solutions:
- Submit contracts and work plans.
- Include org charts and supervision details.
- Get client letters if off-site.
Reassuring note: Most cases resolve with clear proof.
Beneficiary Qualifications Gaps
Here, USCIS doubts the worker’s education or experience. Foreign degrees need evals to show U.S. equivalence.
For liberal arts degrees, link courses to job tasks. Experience letters must detail roles.
Stats: About 15% of RFEs in FY 2025 focused on this.
Tips:
- Use credential eval services.
- Provide work history with duties.
- Include expert opinions.
Maintenance of Status Concerns
For extensions or changes, prove you followed prior visa rules. Like no unauthorized work on F-1 or OPT.
Common for students transitioning. USCIS checks I-20s, pay stubs, and attendance.
In groups like F-1 Visa communities on Facebook, users share stories of this delaying approvals.
How to fix:
- Gather school letters and transcripts.
- Submit proof of legal stay, like bills or emails.
- Write a personal statement explaining timeline.
Wage Level and LCA Mismatches
The Labor Condition Application (LCA) must match the petition. Wrong wage, site, or code triggers RFEs.
USCIS checks if wage fits the role’s level. Level 1 wages for complex jobs raise flags.
Trends: This rose in FY 2025 with new weighted selection rules.
Steps:
- Compare LCA and petition.
- Provide wage data from sources like DOL.
- Explain any differences.
Other Reasons
- Licensure needs: For pros like engineers, show required licenses.
- Company address errors: Simple fix with docs.
- Work availability: Prove the job exists for three years.
- Bona fides of employer: Show business is real with tax docs.
- Cap exemption proof: For research roles, provide IRS letters.
These are less common but can add up.
How to Prevent H-1B Visa RFEs
Prevention beats cure. Start strong to avoid RFEs.
Expert tips:
- Hire an attorney: They spot issues early. Firms like Manifest Law stress this.
- Gather docs upfront: Include evals, letters, and details.
- Be clear: Avoid vague job descriptions. Use active voice: “The worker designs software using Java.”
- Check trends: In 2026, focus on remote work proof due to hybrid trends.
- Use checklists: USCIS provides filing tips. Follow them.
Quote from USCIS: “Submit complete evidence to reduce RFEs.”
By preparing, you cut risks. Many petitions sail through without issues.
Step-by-Step Guide: How to Respond to an H-1B Visa RFE
Got an RFE? Stay calm. Most lead to approvals if handled right. In FY 2024, 85% of RFE responses got approved.
Follow these steps:
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Read the RFE carefully. Note each point and deadline. Mark it on your calendar.
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Build a team. Consult your lawyer or employer. Employees, provide your docs quickly.
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Gather evidence. Match each request. Use lists or tables for organization.
Example table for specialty occupation:
Issue Evidence Provided Job complexity Detailed duties list Degree link Transcripts and eval Industry standard Expert letter -
Write a cover letter. Address points one by one. Keep it concise.
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Organize the package. Label tabs. Include the original RFE notice.
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Send on time. Use tracked mail. Premium processing? USCIS reviews in 15 days.
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Track status. Use USCIS online tools.
Bold steps help you act fast. Success rates are high with full responses.
Timelines for H-1B Visa RFEs
Deadlines matter. USCIS gives up to 84 days (87 if mailed). No extensions.
After response:
- Standard: Varies, but often 60-90 days.
- Premium: 15 business days.
In 2026, processing times average 3-6 months per USCIS data. Check egov.uscis.gov for updates.
Community shares: On Facebook groups, some wait 2 weeks, others longer.
Statistics and Trends in H-1B Visa RFEs for 2026
Data drives decisions. Let’s look at numbers.
USCIS reports for FY 2025 Q3:
- RFE rate: 8.2% for H-1B.
- Approval after RFE: 85%.
Trends:
- Lower RFEs since 2021 policy shifts.
- Rise in wage RFEs with new rules effective Feb 2026.
- More focus on remote work post-pandemic.
From law firm reports: Denials dropped to 2% in FY 2024.
In 2026, expect stability but watch for admin changes.
Real-Life Examples and Case Studies
Examples make it real.
Case 1: A software engineer got an RFE on specialty occupation. They added an expert letter linking duties to computer science degree. Approved in 30 days.
Case 2: OPT student faced maintenance of status RFE. Submitted I-20s and school letter. Success!
Case 3: Consulting firm hit employer-employee issue. Client letters proved control. No denial.
These from online forums and blogs like GoElite. They show preparation wins.
FAQs About H-1B Visa RFEs
Here are common questions.
What if I miss the RFE deadline? Your petition gets denied. Act fast.
Can I get another RFE? Yes, if the response lacks. But rare.
Does an RFE mean denial? No. It’s a chance to fix.
How much does it cost to respond? Attorney fees: $1,000-3,000. No USCIS fee.
Where can I get help? Lawyers or resources like [Manifest Law’s H-1B RFE guide](https://manifestlaw.com/blog/h1b-visa-rfe/#:~:text=An%20H%2D1B%20RFE%20(Request,it%20wants%20you%20to%20address.).
Include h-1b visa rfes in your prep to avoid surprises.
For more on common reasons, check GoElite’s solutions page.
Additional Insights: Background on H-1B Visas
The H-1B program started in 1990. It caps at 85,000 visas yearly (65,000 regular, 20,000 master’s). In 2026, demand stays high in tech.
Achievements: It brings talent boosting U.S. innovation. Stats: Over 500,000 H-1B workers in 2025.
Challenges: RFEs ensure fairness. But with good prep, success is common.
For education resources, visit Laaster.
Tips for Employers Petitioning H-1B
Employers, you lead the process.
- File early in the lottery.
- Use premium processing for speed.
- Train HR on docs.
Reassuring: Most petitions approve without RFEs.
Tips for Employees on H-1B
Workers, support your case.
- Keep records clean.
- Update status promptly.
- Communicate with employer.
You can succeed.
In Conclusion
H-1b visa rfes are common but manageable. They test your prep, not doom your case. By understanding reasons like specialty occupation and responding with clear evidence, you raise approval odds. Remember, stats show most RFEs end in green lights. Stay organized, seek help, and act quick.
What has been your experience with h-1b visa rfes? Share in the comments to help others.
References
- Facebook Group Post on H-1B RFE Timelines – Community discussions from F-1 and OPT students transitioning to H-1B, sharing real timelines and tips. Audience: International students and young professionals.
- [Manifest Law Blog on H-1B Visa RFE](https://manifestlaw.com/blog/h1b-visa-rfe/#:~:text=An%20H%2D1B%20RFE%20(Request,it%20wants%20you%20to%20address.) – Detailed guide with stats and steps. Audience: Employers and attorneys seeking practical advice.
- GoElite Knowledge Base on H-1B RFE Reasons and Solutions – Lists reasons with evidence tables. Audience: Migrants and consultants needing solutions.