Top 10 Tips to Avoid RFE for H-1B Employers
The US H-1B visa is a temporary employment-based visa that enables U.S. companies to hire graduate-level employees in specialty occupations requiring theoretical or technical knowledge in specific areas such as IT, finance, accounting, architecture, engineering, math, science, medicine, and so on. Initially valid for three years they can be extended as many times as is needed. It’s a dual intent visa. USCIS sends an inquiry to request called “Request for Evidence (RFE)” to gather additional information needed to make a decision on your H-1B case.
During the recent times, the workload for the human resource department has increased in multiple times as there has been a surge of at least 60% of RFEs sent out to the H1B petitions in the year 2019.
These can be addressed right at the application stage to avoid RFEs. Here is listing 10 tips to avoid RFE for the H1-B Employer-
- Be Specific: a lot of RFEs claim uncertain job description. Specificity means to say “You can enumerate all your technical duties with valid experience (in percentages) on it”. It is advisable to get a superior of the employee involved in this to get a more detailed specific description of the job or duties being performed.
- Show the Work: USCIS is increasingly demanding proof of special occupation job. You need to be ready to demonstrate what you have been doing so far or what you will be doing for your employer. This evidence may be in the form of snapshots, technical brochures, promotional materials, or any document confirming that the work exists.
- Think about Three Years: The approval period is increasingly limited by USCIS on the basis of what they perceive as the end date of employment. If you are planning to employ for the complete three years, you will have to provide a job offer letter to prove that you will be an employee for complete a three-year.
- Be a braggart: Show off your company with booklets, financials, press releases and more showing the size, potential, and importance of your operation.
- Update your Org Chart: USCIS wants to see your business structure and the fitting of your potential worker. Names, titles, and degrees are included.
- Recruit: Show a strong specialty occupation position proof while recruiting.
- Consultants are Special: USCIS would like to see a Statement of Work containing signatures, names, dates, and tasks. A letter specifying the job assignment should also be signed by your end client.
- Who is the Employer: USCIS continually questions the employer-employee relationship. They want to make sure the true employer is the firm that signs the petition.
- BAHA: USCIS was conditioned with the statement of Trump's Buy America Hire America. If your firm has a growing U.S. workforce and your fresh hire can contribute to that development, now is the time to show this with created and filled particular roles. Provide a vision of how this employee has or is going to assist your company's development.
- Explain your Industry: Give more understanding of how your business works and how your workforce performs. This provides a clear overview to the examiner as to why this position, why this place, why this degree.