F-1 to H-1B is the path hundreds of thousands of students plan on using to start their You’ve done it! But then something goes wrong, you get a Request for Evidence (RFE) From the United States Customs and Immigration Services (USCIS). These RFEs have skyrocketed with the Trump administration, up over 300% since Obama left office. Tom from WorkVisas.Solutions explains below what can happen in this process.
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No one wants to be denied after working so hard. You’re smart because you have at least a bachelor’s degree in Science, Technology, Engineering or Math. You’re highly skilled for a “specialty occupation,” meaning you do something most people cannot do like architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, or business.
You’re lucky enough to get a job offer from a copy that sponsors your H-1B petition. You hold your breath and then….
Here’s why most H-1B visa applications are denied
Face it: getting an H-1B visa boils down to a numbers game for those who are qualified to receive one. There were 236,000 H-1B applications in 2016 for only 85,000 visas!! That means that most fail to win the H-1B lottery, but moving on to those who win the lottery but still lose.
2. The Employer is not real enough
Often denial of an H-1B visa results from the employer that petitioned for the H-1B recipient. The company is not established well enough inside the United States to qualify as an employer of H-1B visa holders. Employers are required to prove they are doing businesses in the United States and have the financial wherewithal to afford their H-1B employee.
3. Employee is not in a “specialty occupation”
The H-1B visa is exclusive. It is not for laborers, but instead for specialty occupations like doctors, college professors, software engineers, all engineers, architects, scientists. You must be very well educated in order to get an H-1B visa.
4. Employee not really an employee
The H-1B job really must be a job where you have a boss and can get fired if you do not do what you’re told to do. Sometimes “job shops” spring up and act as temps for employees. If your job says that you will be employed “off site,” this will raise red flags. The employer must provide evidence of the employment contract with the H-1B visa holder and provide the location for the position.
5. Failure to respond to a Request for Evidence (RFE)
If something has gone wrong, or if more information is required, the government will send an RFE or 221(g) Request to the employer to obtain additional information. It is important to make sure that your H-1B application is complete before it is filed to avoid or minimize getting hit with an RFE.