Top 10 Reasons USCIS Issued Request for Evidence Letters for H-1B Petitions for the Fiscal Year 2018

USCIS recently released an a chart breaking down the top 10 reasons they issued Request for Evidence (RFE) letters for H-1B petitions that were filed for fiscal year 2018. They are the following:

1. Specialty Occupation – The petitioning company did not establish that the position qualified as a specialty occupation.
2. Employer/Employee Relationship – The petitioning company did not establish that there was a valid employer/employee relationship where the employer has control over the beneficiary’s work.
3. Availability of Work (Off-site) – The petitioner could not establish that they had specific and non-speculative work assignments for the beneficiary that corresponds to the specialty occupation for the entire time requested in the H-1B petition.
4. Beneficiary Qualifications – The petitioning company could not show that the beneficiary had the right qualifications to work in the specialty occupation listed in the petition.
5. Maintenance of Status – The petitioner could not show that the beneficiary maintained legal status. When applying for a change of status in this context, the beneficiary has to show he or she maintained their status during the H-1B process.
6. Availability of Work (In-house) – The petitioner could not establish that they had specific and non-speculative work assignments for the beneficiary that corresponds to the specialty occupation for the entire time requested in the H-1B petition.
7. LCA Corresponds to Petition – The petitioner could not establish that they obtained a properly certified Labor Condition Application (LCA) and that the LCA corresponds to the specialty occupation and terms in the H-1B petition.
8. AC21 and Six Year Limit – The petitioner could not establish that the beneficiary was eligible for AC21 (this is when the employer has done the PERM process for the beneficiary and the employee is applying to extend his or her H-1B) benefits or was otherwise eligible for H-1B extensions beyond the six-year limit.
9. Itinerary – The petitioner did not meet the itinerary requirements, which requires the petitioner to submit an itinerary with a petition where services are required to be performed in more than one location. The itinerary has to include dates and locations of services to be provided.
10. Fees – The petitioner did not pay all the required H-1B filing fees. There are a few different filing fees and the amounts are based on a few varying factors, so make sure the correct amounts are paid.

It’s likely that these same RFE issues will come up again for this years H-1B filings. H-1Bs are getting to be harder to get, so make sure you have knowledgeable legal counsel to help you through this process.