How to Respond to Request for Evidence (RFE)?
Even strong documentation and a good cover letter can deny your petition and can result in a Request for Evidence (RFE) by USCIS. What matters is how your respond to RFE once arrives. In this article, we will see some of the most used statements made by USCIS on Respond to Request For Evidence. What is Request for Evidence (RFE)? The first question that comes to our mind, is that what is a Request for Evidence (RFE). An RFE is a tool that USCIS seeks additional information. It is when an adjudicator considers that an application or petition which lacks the required evidence for immigration in the US. The evidence shows that most RFEs are a result of missing important initial evidence. If required initial pieces of evidence are not submitted, USCIS may deny the petition that can result in the issue of an RFE. Also, if required evidence has been submitted to the USCIS but does not establish eligibility, USCIS may issue RFE. It is an important document that specifies the type of evidence required and gives the petitioner a sufficient notice period. It states sufficient information that is required to respond. If possible, RFEs should be avoided at an initial phase. It may cause an unnecessary burden both on the petitioner and USCIS. Requesting for additional evidence or returning a case can be a load. Therefore, the initial case review must be a thorough one. While submitting documents, it is taken care that the evidence or information already submitted is not resent again. What does USCIS want and is it required? – Processing the Information Once received RFE, you can discuss it with an attorney. They assess whether the legal standard stated in the RFE is accurate or not. They critically analyze your RFE and make a checklist concerning items from the USCIS perspective. This can give you much clear picture of what is required while applying for the RFE solution. Role of USCIS in RFE So, when USCIS can issue RFE? The role of USCIS is very stern as they are very particular about the documentation. It is believed that USCIS may issue RFE when the petitioner has failed to established eligibility. Here, the petitioner is an employer. It is when an employer has failed to establish employer- employee relationship that exists throughout the beneficiary’s employment with the employer. RFE must specifically state what exactly is an issue. This can be further be tailored to request specific, illustrative types of evidence that go directly to what is considered deficient. On the other hand, RFE should not request information that has already been provided in the petition. The officer should be very careful, reviewing all evidence provided with the H1-B petition to determine which elements of your petition have not been sufficiently established. Conclusion We at International Evaluations, take RFEs seriously and are committed to resolving them. We do not compromise on the quality of the documentation. We are the trusted service provider for RFEs cases and assure you that will not let your application down. Our flawless and accurate evaluation reports can assist you to make your dream come true to settle in the US.
How to Avoid an RFE on Your Immigration Visa Application?
An RFE or “Request for Evidence” on an immigration visa application is most usually a result of not providing enough evidence that USCIS requires. RFEs can be quite lengthy and difficult to understand. It can take a lot of effort to respond to. Thus, can usually delay your application for immigration to USCIS. It’s best to avoid an RFE by submitting a complete application in the initial stage. For that, you need to follow USCIS’s application instructions to the letter and include all the important documents, to avoid an RFE. To help you avoid an RFE on your immigration visa application, here are a few tips, While your application, provide all required documents or evidence While applying the file with USCIS for immigration, there are instructions available with the application form that guide you on exactly how to prepare the forms. The instructions also contain required evidence that you should include with your application for submission to USCIS. For instance, if you applying for a marriage green card, and don’t include the proof of your marriage, who will certainly get an RFE from USCIS. The documents in your application should be complete and easy to read to avoid any possibility of an RFE. Include translations of all your documents in a foreign language USCIS does not accept the documents you submitted as evidence if they are in a language other than English. It is assured that if you do not provide a certified English language translation to USICS, then you may receive an RFE. Your documentation must be translated into English by a translator. This is so that the representative reviewing your application can understand it. Legal translation services must be consulted in order to maintain its integrity. At International Evaluations, we provide an excellent translation service, that is trustworthy and reliable. Also, we choose those translators those can produce document accurate with no language or spellings mistakes. Income of Visa sponsor’s Usually, an RFE happens, if the application is incomplete. In family-based immigrant visas, an RFE can happen if the petitioner sponsoring on behalf of the beneficiary. In case the sponsor’s income is not enough, or you don’t provide enough information to show that your sponsor’s income is not high enough, USCIS may send you RFE. USCIS may make a stronger case about your sponsor’s financial standing. Sometimes, you may even require to find an additional sponsor. Provide proof of legal entry In case if you are submitting your immigration application from inside the U.S., you must submit proof that you entered the United States legally. You can show this with your records and passport with the stamp. In case if you don’t provide evidence that is a must for the legal entry, you could receive an RFE. This is to clarify the details of your arrival in the US. Conclusion To summarize, the best way to avoid an Request For Evidence is to submit a complete application the first time. At International Evaluations, we check out the complete guide for step-by-step guidance in completing your application. We also check to ensure you are not missing any important information while processing your application. In case, you receive an RFE, we can help you to prepare an expert opinion letter, beneficiary qualification letter, etc to help you in solving RFE.
How To Write An Expert Opinion Letter?
By definition, expert opinion letter is made by professors or distinguished industry authorities to provide an “Expert Opinion”. Generally, it is required for extraordinary ability petitions, responding RFE’s or cases that require the opinion of an expert. The expert opinion letters are specifically for an individual’s academic qualifications and employment experience to satisfy USCIS requirements/petitions for H1B visas. Also, an expert opinion for H1 B visa is an evaluation which is a document- to – document, which provides you with the written letter or opinion from a university professor in the specific field. This requires a minimum of a bachelor’s degree equivalent degree. Also includes academic transcripts, employment verification letters, and experienced letters, offer letters, resume, and other job descriptions. At International Evaluation, we have experts that are happy to help you with the expert opinion letter to meet any need for your credential evaluations or USCIS petitions. Also, if you need a translation of your transcripts, we are there at your service. Our Expert Opinion Specialty Areas International Evaluations assist immigration clients by referring to university professors and experts to support H1B petitions to USCIS. The USCIS determines foreign educational degree equivalencies and professional experience, extraordinary ability (O-1 and EB-1), establishes “specialty occupation” or industry standards for professional positions, responds to PERM audits, etc. The following expert opinion letters for the academic degree fields have been approved by USCIS. They are business in accounting, business administration, finance, management, marketing, etc. Computer and Information Technology, Engineering/Technology fields, Humanities/Art, Sciences, service field, etc. Templates for Expert Opinion Letter for RFE (H-1B) At International Evaluations, we use the following H1B Specialty Occupation RFE response assuming that the job position and beneficiary meet the USCIS requirements. We see the goal as providing clarity in the instructions so that it helps to understand the what and why of the content. So, the basic content for an Expert Opinion Letter for H1B is below. Header including Expert credentials, the purpose of the letter, and date. General overview about the letter along with the expert’s findings. Expert’s credentials Company overview as the expert should understand the company responsibilities completely align to the objectives of the company. Job position duties must be listed along with an explanation of how the position meets specialty occupation requirements. Beneficiary’s qualifications. The complete understanding of the specialty occupation and the queries related to it: What are specialty occupation requirements? Do I qualify for a specialty occupation? What is a specialty occupation RFE? What are common reasons for a specialty occupation RFE? Lastly, in the evaluation report, the expert provides an in-depth analysis that explains why the job position meets specialty occupation requirements. In other words, the expert should explain why the responsibilities are so specialized that they would require the attainment of a bachelor’s degree or above. Sometimes, the report includes the beneficiary’s background, particularly qualification if the USCIS asked it for. Conclusion It is very important to understand that denial rates are increasing day by day. The employer can lose time due to the increase in the denials and cost them millions of dollars delays and contract penalties. Therefore, letters from talented experts are required who have successfully supported visa applications. An expert opinion letter for H1B visa from International Evaluations can give an extra edge to your petition to USCIS. Contact us today.
What if you get H-1B Request For Evidence(RFE)?
What happens when you receive a H-1B Request for Evidence (RFE) letter from the U.S. Citizenship and Immigration Services (USCIS)? The answer is submitting an H1B expert opinion letter. One should remember it is not a denial from USCIS if you receive a request for evidence (RFE) letter. It does not mean that your USCIS petition is denied. It can be taken positive that your petition is being considered and has been under carefully monitoring. What is the purpose of an expert opinion letter? For the expert opinion letter, an employer who makes the petition can seek an opinion letter from an expert. This is usually done from a college/university professor to evaluate the position. Specifically, in response to RFE regarding if an offered position qualifies as a specialty occupation. Also, the expert will opine whether the job responsibilities require a US equivalent bachelor’s degree in the related field. Most likely, the expert will ask for a description of the offered position. Also, the information about the H1B employer so that the expert can then evaluate the position. In such a way, s/he can offer an opinion regarding the educational requirements of the position. If the expert agrees for the position requires at least a bachelor’s equivalent degree in a related field. Then, the employer may submit the H1B expert opinion letter to USCIS that the position is a specialty occupation. Thus, the H1B expert opinion letter can be favorable to the USCIS. This is toward overcoming concerns about position meeting the H1B specialty occupation requirement. USCIS strike on Expert Opinion Letter Here listed one or more of the following factors that the USCIS has been dismissing expert opinion letter. The expert did not have sufficient knowledge of the beneficiary’s job to provide an accurate evaluation. The expert opinion was limited to the information provided by the petitioner. The is due to the insufficient job description to establish the details of the position. The expert has not done the research that was used as a basis for the conclusion that the position is a specialty occupation. The expert opinion is not in line with the other information on the record. The scenario on Specialty Occupation As we have understood, for an employer of the company to obtain approval for an H1 B petition, the position offered should be a specialty occupation. It is very important to know the definition of the specialty occupation which is 1) Occupation of highly specialized knowledge both in theory and practical application. 2) Attainment of at least a bachelor’s degree in a specific specialty (or equivalent) as a minimum requirement. Conclusion To summarize, the USCIS is very particular that a position indicated in an H1B petition qualifies as a specialty occupation. The USCIS officers have been routinely demonstrated that the experts while opine expert opinion letters cannot show their casual attitudes. This is because the job duties being considered as a specialty occupation. So, contact International Evaluations at our office or submit an online inquiry for the H1B expert opinion letter from our website. You can get a consultation from us today.
How to Get Work Permit For the US?
You need to apply for a work permit after getting full-time employment in the United States. A work permit is a photo identity card issued by USCIS, also known as Employment Authorization Document or EAD. In short, to work in the USA, you need an H-1B work visa sponsored by a US-based company. The H1B visas are issued for specific roles like IT, software engineering, finance, etc. International students consider whether they can get a work visa after graduating in their desired fields or not. Also, they may have to come back to their home country after their graduation. The elements to get the H-1B work visa For H-1B visas, the annual cap is 65,000, with an extra 20,000 for foreign workers with a master’s degree or higher. These figures are exempted H-1B renewals, foreign workers at higher education institutions, either in government or non-profit research. It is important to understand that when you get an H1B visa, you can only work for that employer who has sponsored you for the visa. Also, H1B visas are issued for 3 years after which they can be reissued for another 3 years, a total of 6 years. After 6 years, if your employer has filed your green card application, you can keep extending your H1B visa yearly. If in case your green card has not been filed after 6 years, then you need to leave the USA . This is for at least 1 year before you can get an H1B visa again for 3 years. The role of the US government for H-1B work visa The new Biden administration made changes in the regulation proposed by the US former President Donald Trump. Earlier the rules have narrowed the definition of “specialty occupation” under the H-1B work visa program. To ease the reforms, the removal of regulation is being welcome relief for many international IT firms in particular, which are the biggest receipt of the US H-1B work visa. But overall, the US government plays very strictly for H1B work visas. To get the visas is extremely competitive and subject to strict rules. In case, if the USCIS receives more H1B applications than the quota, there is a system of lottery, where you are picked up by the lottery depending upon your luck. There are F1 visas, granted to come back to the home country after completing studies. Thus, proving that you have no intention of working in the USA after graduation. Contrary to this, you need an H1B visa, if you want to stay in the USA and work here. There is a possibility that you start working in the US until your company has applied for an H1 B visa. It is important, why people prefer not to travel after graduating until received an H1B visa. Conclusion To summarize, you should be aware of H-1B work visa rules so that you can plan your job and decide upon the work accordingly. International Evaluations are there as we carefully analyze and provide you with updated information. Moreover, about the work experience evaluation that is mandatory to apply H-1B work visa. So, you are welcome if you like to apply for the H-1B work visa from us. We, International Evaluations ensure that you get the correct guidance and help.
What is a Specialty Occupation, and How to Deal with it?
So, you did everything right and filed your H-1B petition. You have submitted it with all the forms and supporting documents. But while USCIS has reviewed your petition, they issued a request for evidence (RFE) as they are not convinced. What possibly can go wrong? If you are looking for help here comes International Evaluations, as our experts providing position evaluation services can guide you to combat the challenge. What is a “specialty occupation”? According to USCIS, a specialty occupation is a job that is specialized and should have the following basic standards,1) knowledge from a specific field of study and 2) At least a Bachelor’s degree in an academic field related to the work. Besides, the job position needs to meet the standards of the USCIS as the specific duties of the position are so specialized that only a person with a US bachelor’s degree or higher related to the responsivities of the role could perform. Therefore, when USCIS challenges for a position as a specialty occupation, it sends the petitioner a request for evidence (RFE)asking s/he to demonstrate how the position meets the criteria. The RFE will have all the criteria mentioned why the petition did not meet. Expert Opinion Letter to strengthen your petition It is essential that for immigration application an Expert Opinion Letter is required. It can increase your visa petition at various stages including RFE. Here, at International Evaluations, we specialize in providing an expert opinion letter. It is being performed by a university professor to discuss whether the applicant should pursue in the US. Therefore, with careful analysis, an expert opinion letter should contain a statement of evidence for the beneficiary well-documented with sufficient evidence and information. It isn’t quite so simple, as you can see you need to require a specific educational background for a job. We have developed a successful strategy for meeting specialty occupation RFE. This is done with the help of our experts. They are ready to take up your case to defend positions in your area of the field. If you have a specialty occupation that needs evaluating, you can contact us at International Evaluation to help you.
Green Card based on Employment to be double for FY 2022
Over 290,000 Employment-Based Green Card Available When the covid hit worldwide, 2020 was the year when the processing of family-based US visa applications was at the bottom. Due to this, for the fiscal year 2021, there are over 150,000 US family-based and green card applications to remained unprocessed and therefore stuck to immigrate. The reason being US embassies abroad were closed due to the Covid-19 pandemic. A very low number of family-based green cards were approved in Fiscal Year 2020. This resulted in being “rolled over” to the employment-based green card category in FY 2021, which means there will be over 290,000 employment-based green cards available starting October 1, 2021. The figures clearly show the double in numbers what is available in the normal year. According to USCIS, the recent data shows that there are approx. 273,000 green cards that are employment-based still pending as of March 31, 2021. This is a big thing for employers and foreign national’s employees. Employment-based green cardholders have the status of permanent residence. They can travel free anywhere in the United States with their family members. So, the family bucket being moved to the employment bucket for the Green Card means a delay for family members who are eager to start life anew in America. There are many countries, where family-based visas are the main route to get permanent residence, including India-Americans, Mexico, the Philippines, etc. These countries are aggressive in sponsoring relatives to immigrate to the United States of America. Therefore, to apply if your employee or client meets the employment-based eligibility requirements, FY 2022 be the best.
Understanding Request for Evidence for H1-B visa
Why need Request For Evidence for H1-B visa: Did you ever receive a Request for Evidence (RFEs) from USCIS on your H1-B petition? Then you may be considering your options to act quickly and to compile, submit the important documentation that will help to outcome your visa application. There are several ways to approach your RFE. However, if you do not respond to the RFE on time with sufficient documentation, your petition will be rejected. Importantly, if you get RFE, it does not mean denial of your visa application. It simply gives direction to your petition that has been considered for further evidence. It requires your qualification and a job offer from your U.S. employer, with your equivalent bachelor’s degree. There are several reasons why USCIS may issue an RFE. Some of them are mentioned here, Specialty Occupation Eligibility Determination of ‘specialty occupation’ however lies when the petitioner did not establish that the position qualifies as a specialty occupation. The USCIS, whereas request for further clarification, for more details of the role. It includes employee duties and specific knowledge like organizational, industrial or technical. Employer-Employee Relationship This happens when the petitioner did not establish that they had a valid employer-employee relationship with the beneficiary. This includes the right to control the beneficiary’s work, the ability to employ, dismiss or supervise the beneficiary, for the duration of the validity period. Beneficiary Qualifications The USCIS may take out Request for Evidence (RFE) if the petitioner did not establish that the beneficiary was qualified to perform services in a specialty occupation. Responding to an H1-B RFE Responding to the H1-B RFE depends on the facts of your visa application. A partial response may even result in a denial. In case, is you do not have a particular document, it may be helpful to submit what you have. Moreover, check the last date of submission as failure to respond within the deadline will be taken by USCIS as denial of the petition. If you’ve received an Request For Evidence for H1-B visa, then generally you should take professional advice with Foreign credential evaluators like International Evaluations. We can advise you with the best solution necessarily.
What if Your Documents Are Not in English?
Each document of yours to be evaluated must be certified in English translation if in case your transcripts are not in English. The process of translating a document from a foreign language into the English language is separate from the evaluation process and therefore, requires a separate consultation. At International Evaluations, we have separate translation services and therefore have a separate team of experts for the job. Generally, the translations fees depend upon the number of words and pages. The document having front and back are considered two separate pages. The final cost is determined when documents are submitted and reviewed by us. It is mandatory, that your documents are translated should be in the correct format before submitting them for Immigration. The pages of the translation should be on letterhead and must have the translator’s qualifications, certifications attached to the translations. Also, they must be submitted after thorough proofreading, otherwise, translations are not accepted. All these steps should meet the credential individual’s requirements before complying with USCIS. Also, it is to be noted that, translations are not accepted when done by the client or by the individual itself. It requires a professional who is competent in both the native language and in English. Why Use International Evaluations Translation Services Quick Service: We can deliver quick and correct translation and proofread within a short period of working hours. We promise to deliver in the stipulated time frame. Competitive Pricing: We offer competitive prices per page irrespective of the language. We can translate French, German, Hungarian, Italian, Spanish either to English and vice-versa. Top Quality: We ensure the companies that beat our pricing can’t match our translation services quality. 100% Customer Satisfaction: Our experts are dedicated to getting the translation for you accurately at an affordable price. Privacy and Confidentiality: Your documents are safe and confidential with us. At last, we ensure that we are the best and trusted evaluation company that offers translation on your foreign language documents. All you need to submit your documents and we ensure the most accurate translation.
Degree Requirements and Foreign Equivalency for H-1B Visa?
Is what Bachelor Degree Required for your H-1B visa? It simply refers to a US Bachelor Degree or foreign equivalent. If you are looking for US immigration, the USCIS only allows a combination of academic work and work experience. They are used for your credential evaluation for an H-1B visa petition. If suppose beneficiary has a foreign degree, the highest being the Master Degree, then s/he will need to obtain an Academic Evaluation. This is to show that their degree is equivalent to a US Bachelor’s or Master’s Degree. Here, at International Evaluations, we perform accurate academic evaluations accepted by USCIS. US Equivalent Foreign Degrees In the United States, a three-year foreign bachelor’s degree is not considered equivalent. This means the beneficiary must possess 4 years of bachelor’s degree. If they have a master’s degree, then 2 years of the master’s are included. For a good job in the US, not all degrees will qualify you. A well-respected 4 years foreign university with good years of successful professional experience, chances are good enough for the H-1B visa. To qualify furthermore for the H-1B visa, a company must show that they are unable to hire a US citizen or any permanent resident for the position. Then only they can go through a process that is expensive for applying for a visa on your behalf. There is always a number of applications and it depends upon your luck to get it or not. This is an annual procedure the quota system which once filled does not open again until the following year. At International Evaluations, we help you to prepare for your academic equivalency for an H-1B visa. We take care of professionals that a minimum equivalent of a US Bachelor Degree should be there.