RFE Response Review Pending for More Than 6 months? The USCIS may take an in-depth look at the institution or university abroad to see how it compares to the U.S. degree requirements. 3. Your employer is the only authorized individual or entity allowed to seek the premium processing service. Additionally, there must be an existing employer-employee relationship between you and your sponsoring employer. In June of 2021, USCIS announced policy updates regarding guidance on RFEs, criteria for expedited processing and NOIDs. That means that the employer should retain the right to fire (or hire) the employee at any point during the employment time frame. is the exclusive legal service partner of Dream Legal Group Inc. (GoH1B).The contents of this web site may contain attorney advertising under the laws of various states. With over 10 years of experience, we have successfully analyzed the H1B RFErate of different occupations and designed the best solutions to increase your odds. For context, the California Service Center processes H-1B visas in an average of three and a half months. 5. With that being said, it should be completed in its entirety and checked by a professional to ensure the best possible outcome. There is no provision for an H-1B worker to sign on the petition. The USCIS uses a tool known as the Validation Instrument for Business Enterprises(VIBE) to validate basic information regarding the petitioning employer. No, each filing of an I-129 petition is as an opportunity for the USCIS to serve a RFE. Regardless, no one is safeguarded from receiving it so it is highly advised to seek an immigration attorney to handle your case. Can the H-1B beneficiary seek premium processing? The USCIS may not see a correlation between the two and be led to believe that the beneficiary will be placed in a position of less capacity and/or find other work when arriving. and schedule your consultation with our office today. Prior to 2008, the USCIS seldomly requested additional information in regards to an H-1B transfer, preferring instead to simply reject or deny petitions that lacked sufficient evidence. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Any unlawful acts in the U.S. may also jeopardize the ability for the H-1B transfer petition to be approved. Additionally, the H-1B denial rate has also increased. As previously mentioned, the USCIS must see that an employer-employee relationship exists in order to approve an H-1B petition. In 2021, the figure was 16.2%. The minimum requirement is typically a bachelors degree (or equivalent) for the position. Luo & Associates dedicated to providing quality service to applicants pursuing immigration matters efficiently. There are a few important points to remember about H-1B transfer petitions. However, this type of H1B RFE have been given less often due to the Covid pandemic which makes working from home a lot more common. USCIS may approve the new petition but could ask you to go and get your H-1B stamped at the Consulate. What Happens If I Lose My Job On An Employment Based Green Card? Our legal fee structure is transparent, reasonable and fair to all clients and we offer free initial case evaluation. Individuals may elect for regular H-1B transfer processing or H-1B transfer premium processing to have it expedited. For example, if you had CPT or OPT when doing your bachelors degree, you can only use it again when you get to the masters level. Letters and references from previous employers may be helpful to prove applicants qualification for the position. Suspicion sometimes arises if the H-1B employee will be stationed at the clients worksite rather than the workplace of the petitioning employer. If the necessary planning and precautions are taken ahead of time, its entirely possible to prevent an H-1B transfer RFE altogether. How long it will take to get that RFE details in mail to Attorney ? The first is you must be employed on H-1B status the date that the transfer is filed with USCIS. You may file it together with the Form I-129 petition or as a stand-alone form for the already submitted I-129. The first is you must be employed on H-1B status the date that the transfer is filed with USCIS. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. These are the crucial documents that will help the adjudicating officer determine whether or not there is a qualifying employer-employee relationship. Your personal information is protected by our Privacy Policy. H1B Processing Time - Types 2. There is no way to expedite this case. The Advanced Guide To H1B Processing Time - Herman Legal Group info4tek Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. At a Glance: An H1B RFE (Request for Evidence) is a request from USCIS for additional evidence to review an H1B visa application. According to this same data, the percentage of H-1B petitions that receive an RFE is increasing. USCIS has issued an RFE for H4 EAD renewal when it was filed with H1B transfer and H4 extension concurrently. With that, you can motivate the petitioning employer to respond on time. This is not true. The H-1B petition is filed by the current or prospective employer; there is no provision for the employee to sign the H-1B petition. Your H1-B itinerary is also an important element that you need to include in your petition. Schedule an interview for the beneficiary or petitioner to attend, Dig deeper into the case for clarification, Additional information may be necessary to prove that an. VisaNation Law Group's H-1B transfer lawyers have the knowledge and experience necessary to handle your case. Staying in a nonproductive status for a long period of time may be deemed as not being in a specialty occupation any longer and could suggest there has been a material change to the terms of employment that may affect your H-1B eligibility. This information can be regarding the petitioner, beneficiary, or both, since the USCIS must see sufficient proof of an employer-employee relationship. The second reason is for the protection of job opportunities and wages of U.S. workers. If your petition reflects the use of any of these twice, you may get an H-1B RFE. In FY 2015, it was 22.3%, 20.8% in FY 2016, in 21.4% in FY 2017, and 38% in FY 2018. However, the premium processing clock will not start until the premium processing request has been received at the correct center. How to file Premium Processing for a Form or Petition? The average RFE response processing time is 90days. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Without advertising income, we can't keep making this site awesome for you. which is prohibited by law for two major reasons. They must also show the proper documents to prove that the specialty occupation can be performed at that off-site location. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. It is the responsibility of the petitioner (the employer) to respond to the RFE. , then the petition can be filed at any time and will not be entered into the lottery. and our This also depends on the service center. The 60-day clock starts on the day USCIS receives your RFE response. It does not mean rejection but indicates missing documents needed to determine eligibility. See the latest H-1B Visa Guide: Ultimate Lottery, Timeline & Process. Copy of your social security card Copy of the pages in your passport Copy of any W-2's or tax returns, if applicable. USCIS Resumes Premium Processing for All H-1B Petitions. Now he got the results approved with 3 years extension . but want to transfer their status to a different employer. How long USCIS takes to respond to RFE varies widely on a case-to-case basis along with USCISs workload. To file the H-1B transfer you need to submit a number of documents including: Whats beneficial about an H-1B transfer is it can be applied for more than one employer simultaneously, and there are no limits on the number of H-1B transfers you can get. 3967. St. Albans, VT 05478-2399, An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Validation Instrument for Business Enterprise (VIBE). Overview While we have occasionally seen somewhat more favorable processing times from USCIS, we are finding that adjudication of new petitions, including those for a change of status, are often taking 4-5 months on the part of USCIS, unless Premium Processing is requested. This type of request is not supposed to be answered part by part. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty H1B Transfer Processing Time 6. The main purpose of the LCA is to establish that the terms and conditions of the employment meet the H-1B requirements. Also, if the petition is approved, you can begin working immediately and do not need to wait until October. RFE premium processing time is 15 Days with virtually no time limit for regular applications. You cannot upgrade your application to premium if USCIS has suspended premium processing. The USCIS does not send a second H-1B transfer RFE if you neglect to answer a portion of their first request so make sure its complete the first time around. Processing Times - USCIS When individuals receive an H-1B transfer RFE in the mail, their first reaction is often to panic. The information on this page is out of date. Another minor mistake that applicants make is not putting the colored paper (RFE) above all of the documentation relating to your answers. It is within the right of USCIS to decide whether a petition requires an RFE or not. This type of RFE is more common for IT consulting companies. Check your inbox to confirm your email and download the free e-book. In this free e-book, we'll go over the top 10 filing tips every H-1B applicant and business need to know. Recently, the USCIS has been paying more attention to every detail in H-1B petitions. How long will it take to know the status of H1B's RFE case? As we mentioned, in the years of the Trump administration we sawno less than 60% of the total petitions received an RFE. USCIS premium processing RFE response is 15 calendar days including weekends. With that being said, it should be completed in its entirety and checked by a professional to ensure the best possible outcome. Before we get into why you might receive an H-1B RFE, we need to briefly cover the requirements tied to this popular visa. Even me and my colleague applied at the same time and got RFE at the same time. For more information, please see our Navigating the treacherous waters of immigration law to get a visa can be difficult enough on your own. The number of H-1B petitions that received an RFE dropped from approximately 40% in FY2019 to 29% in FY2020 (which ended October 1, 2020) according to Bipartisanpolicy.org. If you are submitting both forms together, you must complete the two forms following the specific information for each. In general, USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. Depending on the type of RFE, USCIS can take time and your case can stay here for some time, until the processing is complete. I know few friends that attorney respond to RFE status within 3 days ? The USCIS uses a tool known as the Validation Instrument for Business Enterprises (VIBE). Some applicants have been known to receive approval in as few as 30 days, others wait much longer. Individuals may elect for regular H-1B transfer processing or H-1B transfer premium processing to have it expedited. USCIS has been investigating more detailed information about the petitions including whether you are living far away from your workplace. No, as a beneficiary, you cannot submit a request for premium processing for your H-1B transfer petition. When Is Premium Processing for RFE Beneficial? You should also include a copy of the transfer notice with your premium processing request to avoid possible delays associated with the receipt of your premium processing request. This means that your petition can be filed at any time and you can begin working as soon as your petition is approved. In most cases, the USCIS requests things like: When the USCIS is unsure about a case, they typically: There are a variety of RFE types. However, there is more to the second requirement than meets the eye. H-1B Transfer, Request for Evidence. If you receive an H-1B Transfer RFE, dont panic. 3. Likewise, if the worker does not have a bachelors degree from the U.S they may need to submit proof of the foreign degree equivalent. This is common when businesses are going through restructuring changes and the VIBE system hasnt been updated. Questionable employer-employee relationship, As previously mentioned, the USCIS must see that an. USCIS's official guideline is to respond to RFE within 60 days after your RFE response submission. While these regulations are pretty much set in stone, the approval of a specialty occupation typically comes down to the judgment of the adjudicating officer. However, there are a few exceptions to this rule. My current H1b Visa got expired on Feb 27, 2019, within two weeks of filing I got RFE. A petition was submitted with Premium Processing, and on July 1st the status changed to "Request for Additional Evidence Was Sent", couple of questions: - Is the RFE sent via email, or snail mail? P.O. [Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations. However, the petition submitted by your employer must reflect at least one of those two instances to avoid receiving an RFE. Determination of a specialty occupation. It might include evidences such as expert opinion letters, job advertisement, letters from vendors and clients. Send your H-1B transfer RFE to the proper address. At our firm, we specialize in employment-based immigration, and our H-1B attorneys have handled countless transfer RFEs in the past. Looking for U.S. government information and services? The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. About 60% in 2019 in response to pressure from the Trump Administrations Buy American and Hire American" Executive Order. When a wrench is thrown into your plan, like an RFE, you run the serious risk of accidentally sabotaging your own efforts. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The normal H-1B visa processing duration is one month to 6 months. Today, the likelihood of receiving an RFE is about 1 in 3. It is not grounds to panic, but a tool used by the USCIS to learn more about your case. The change of companys address or structure may result in the occurrence of discrepancies between the VIBE system and H1B petition. As previously mentioned, be sure to submit a response before the deadline. In recent years, the H-1B RFE trend has increased due to different administrations in office. . Just the same way you are not allowed to sign an H-1B petition, you cannot respond to an H-1B RFE as an employee. USCIS RFE Response Review Processing Time: 90+ days - USA (2023) With that, you can motivate the petitioning employer to respond on time. I'm guessing the two weeks reset, right? For many new to the process, it may be difficult to understand the language used in the document. Official websites use .gov If USCIS approves the new H-1B and not the extension of status, you will have to leave the U.S. and get your new visa stamped at the Consulate before re-entering the U.S. in H-1B status. Transfer petitions benefit greatly from premium processing due to the fact that you are not limited to filing in April and working in October. 23. However, date shows that during the Biden administration there was a sharp decline in the number of H1Bs that received Requests for Evidence. In order, Have at least a bachelors degree from a U.S. institution, Have a job offer from a U.S. employer that requires your bachelors degree, 11 Top Reasons for Request for Evidence (RFE). to answer an RFE. If it does, then your new employer will need to get your Labor Condition Application (this is required for every H-1B employer) and file your I-129 petition along with the following H-1B fees: You can also opt for premium processing, which expedites your H-1B transfer petition to just 15 calendar days. Just the same way you are not allowed to sign an H-1B petition, you cannot respond to an, as an employee. Share sensitive information only on official, secure websites. Your immigration attorney should also be staying current with your case and any developments regarding your status. Though these are relatively lower compared to FY 2019, which stood at 40.2%, in comparison with the recent years, the figures are still considerably high. If it is not selected, then everything will be returned to your employer, and you will need to try the following year again. The following actions negate the mandated employer-employee relationship: The H-1B worker reports primarily to a manager who is an employee of the end client company and receives work assignments from the manager in the end client company rather than the company that filed the H-1B petition and "employs" the H-1B worker. Review our. for an alien who possesses skills not commonly associated in that field. When thats the case, an RFE may request information that establishes the employer has the ability and right to control how, when and where the worker performs the job. Therefore, if your spouses or childrens status will be expiring soon, they may need to request an extension of stay just as you also process the transfer. When an RFE is issued, it is sent directly to the petitioner, not the employee. You can call USCIS and they will clearly mention the reason for the delay as Security check pending. An H-1B transfer can be a difficult feat for anyone who does not have years of immigration industry experience. Additional documents may include the organizational chart (chain of command). How much is the Fee ? When it comes to an H-1B transfer, many people think that they can exploit this system by entering the U.S. through a cap-exempt employer and transferring their status to a cap-subject employer to avoid the cap altogether. Select your form, form category, and the office that is processing your case. The H-1B employer does not have the right of control and does not exercise control.
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