H-1B Requests for Evidence, Explained

Last Updated on November 20, 2023The immigration process involves many steps and forms. From electronic registration to a full H-1B cap petition, there are many aspects that companies need to stay on top of.One such aspect of the immigration process centers around a request for evidence or RFE.We sat down with Frank J. Fogelbach, a Managing Attorney at Corporate Immigration Partners, PC, for a primer on RFEs, including what they are, recent trends, types of RFEs and practice pointers for how to try to avoid them.What is a Request for Evidence?A U.S. Citizenship and Immigration Services (USCIS) request for evidence (RFE) informs petitioners that there wasn’t enough information provided or that USCIS needs more clarification on Form I-129, Petition for Nonimmigrant Worker.Employers must send the requested information to USCIS. Failure to do so will likely result in a denial.USCIS can issue RFEs for all petition types.USCIS will consider applicant responses received within 60 calendar day...