RFE Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

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. The RFE noted that the evidence submitted showed that the beneficiary lived and was doing the CPT several hundred miles from the university. We first provided requested additional information regarding the employer. We then provided further evidence that the master’s degree program offered both online and hybrid courses and did not require students to live within commuting distance of the university, that the CPT was an integral part of the academic program, and that the beneficiary had been in valid F-1 status. We supported the response with ample corroborating evidence, including documentation from both the university and the petitioner regarding beneficiary’s status. The petition was approved shortly after the response was filed.

Status: The petition was approved shortly after the response was filed.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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Category: RFE, Form I-130

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. The mother’s name on the birth certificate of the petitioner differed from that in USCIS records so the sibling relationship was questioned. We were able to successfully respond to the RFE by providing numerous documents verifying the record and explaining the underlying law and facts. The petition was approved after our response.

Status: The petition was approved after our response.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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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. The RFE also requested additional evidence that the beneficiary had progressively responsible experience and recognition of expertise through progressively responsible positions. We responded with additional information about the employer, and appropriately rebutted USCIS conclusions about the evaluation.  Over anticipated objections, we showed how the evaluation examined and evaluated existing qualifications of the beneficiary, and was NOT new information. The case was approved.

Status: Over anticipated objections, we showed how the evaluation examined and evaluated existing qualifications of the beneficiary, and was NOT new information. The case was approved. 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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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 also included significant corroborating evidence expounding on the positional requirements and complexity of the job. The petition was approved.

Status: The petition was approved.

 

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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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. In our response we noted facts that were already on the record, included probative data from a occupational handbook often cited by the government, and argued that when the offered position requires highly specialized knowledge such as this and when it is established, through his credentials, that the beneficiary possesses such specialized knowledge, the statutory requirements have been established. We argued that the evidence already on the record proved by a preponderance of the evidence that the offered position comports with the government’s  description. Nevertheless, we did provide additional evidence in support of this. We also addressed the question as to beneficiary’s maintenance of his current immigration status by providing evidence and explanation about how he was paid by the employer. The petition was approved seven days after our filing of the RFE Response.  

Status: The petition was approved seven days after our filing of the RFE Response.
 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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