RFE

We assisted our client in filing an I-129F petition to bring his fiancee to the U.S. in anticipation of their upcoming marriage in the U.S. On Form I-129F the petitioner answered “yes” to the question: “Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol-or drug-related or involved a fine of $500 or more)?”. We included reference to that issue in the filing.

We assisted our client, a U.S. citizen, in filing an I-130, Petition for Alien Relative, for his wife. Approximately 8 months after filing the petition we received notice that the case had been transferred to another USCIS service center. Three months later we received a denial notice giving the reason for denial as no record of a response to a Request for Evidence (RFE). The denial notice stated that the RFE was issued on a date that was a few weeks prior to the notice of the case transfer.

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.

We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.

In this case our client retained  us to respond to  a Request for Evidence (RFE) that he had received for the I-130 that was filed on his behalf by his sister. There were two issues identified in the RFE: 1. His birth registration certificate was registered more than two decades after the client’s birth. Service requested we provide the oldest documentation available that would establish a sibling relationship between the petitioner and the beneficiary; and 2.

We assisted an employer in successfully responding to a Request for Evidence (RFE) received subsequent to the filing of an H-1B (specialty occupation worker) extension petition. The RFE requested additional information regarding the employer and the beneficiary’s qualifications. More specifically, the RFE questioned the evidentiary value of an education evaluation that was provided with the petition, requesting additional evidence regarding the qualifications of the college official who authored the evaluation.

We were approached by an employer in the health and wellness industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow Service to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with considerable detail, elaborating on the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.

We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.