If the employee is working at a third-party worksite, the sponsoring employer has to establish a legitimate employer-employee relationship. an approval after an RFE. H1b extension filed: May 31st, 2018. Describe your case and we will get back to you, Validation Instrument for Business Enterprises (VIBE) system, the response time is an average of 60 days. The two most common RFE issues that blocked beneficiaries from getting their visas approved outright – and in some cases entirely – were specialty occupation and wage level. H-1B Visa – Transfer Request for Evidence (RFE), Optional Practical Training and Curricular Practical Training. Reason: Availability of Work (Off-site) 3. While the beneficiary will be involved in a project at a third-party site for the entire duration of the time petitioned, the employer will in control of the project. Below are the six common RFE requests that are given by USCIS. Could you please email me the sample documents at gurvinder223@gmail.com. Consider approaching an immigration attorney for help. By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. Only 62.3% of H1B Visa petitions that were issued RFE has been Approved in 2018. 1. an approval after an RFE. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. #1 H1B Specialty Occupation RFE. H-1B approvals saw modest increase as RFE rate dropped somewhat In the first quarter of FY 2020, the H-1B approval rate was 83.4%, up 8% from the same period in FY 2019, and on par with the approval rate in the first quarter of FY 2018. By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. This heightened scrutiny and resultant RFEs for H1-B or L-1 visas have been for the following reasons: USCIS has continually tried to redefine what constitutes a ‘specialty occupation’. Compare that to the same quarter the previous fiscal year, when USCIS denied 25,080 applications. The approval rate with RFE in 2015 is 83.2%. New massive 5” shell design. A baccalaurea… USCIS, Form I-129 Quarterly reports (FY 2015-2020 Q2) _____ These can range from proving specialty occupation to establishing an employer-employee relationship. The approval rate with RFE in 2015 is 83.2%. in 2015 received an RFE. While the average prevailing wage is $83,619, the expected wage with the new proposal is $100,461. Today DHS has placed a proposal before the OMB suggesting an increase in wages from Level I to Level II claiming that this should be the minimum wage eligibility for all non-immigrant foreign workers. Only 62.3% of H1B Visa petitions that were issued RFE has been Approved in 2018. In 2015, the approval rate was in the high 90th percentile. As a result, an H-1B petition filed under this category is likely to see specialty occupation scrutiny, although, as we discuss below, there are many legal and factual arguments that can be made in an initial filing and during an RFE response to make the case and obtain an approval. H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. The H-1B RFE rate was 35.8% in the second quarter of FY 2020, up tremendously from figures prior to Trump’s administration. By issuing an RFE, the agency seeks additional evidence before it adjudicates an H-1B application. Coronavirus (COVID-19): What You Need to Know Before You Travel, green card applicants trying to adjust their immigration status, establish a legitimate employer-employee relationship. © 1999-2021 FrontAd Media Inc. All Rights Reserved. In 2015, the approval rate following a RFE notice was 83.6 percent. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. You have mad it till the Number 1 Reason for H1B Visa RFE – The Specialty Occupation. Availability of Work (Off-site): If you are planning to work for … My employer filed my H1 in management Quota in 2016 for Business Analyst title. Maximum load 60g canister shell, this is the biggest breaking shell we sell! The rate of approval following an RFE … This can be shown by providing copies of contracts, managerial control of work during that phase and terms and conditions of the employment showing that the employer has all control of the H1-B beneficiary’s work. The rate of approval following an RFE is 68.2%, which may seem low, but is a 10% increase from this … H-1B RFE Rates Rise Again – Along with Approval Rates Read More » Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. It got expired on September 9, 2019 with I-94 expired the same date. As the FY 2020 culminates at the end of September and October starts the new fiscal year 2021, so does the season for Request For Evidence (RFE).Recent data issued by USCIS indicate that the RFE issue rates remain high for all nonimmigrant visa categories. Extension was filed on August 29, 2019 and got RFE on Feb 28, 2020 for Specialty Occupation and Availability of Work. How To Improve Your Chances of an H-1B Approval: Top 5 Strategies (2020 Update) With the increase of Request For Evidences (RFEs) and denials that were issued by USCIS in the cap filings, petitioners must take a more proactive approach to filing, and should not file H-1B cases as they did in the past. Specialty Occupation RFE Response Documents checklist. This has also led to a significant reduction in H1B RFE approval. USCIS, Form I-129 Quarterly reports (FY 2015-2020 Q2) _____ Alternately, extensive training and experience backed by licenses and credentials also supported stipulated qualifications. Consider approaching an immigration attorney for help. Citizenship and Immigration Services (USCIS), as denial rates grew and approval rates fell. USCIS is asking people to explain why at least a Bachelor’s Degree is required to perform the duties of the position. RFE vs NOID Specialty Occupation RFE Response Documents checklist. Approximately 68.2% of petitions received . The H-1B Program. In order to demonstrate that an H1B position is a specialty occupation, the petitioner must demonstrate at least ONE of the following four criteria: 1. The employer required a candidate with at least a bachelor’s degree in computer science, electrical engineering, a closely related engineering field, or the equivalent.

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