Comman H1B Visa RFE Reasons

H1B RFE – Is it common these days? Request for Evidence (RFE) is issued by the USCIS requesting the applicant or the petitioner to provide additional evidences to support the case filed. Do you want to get H1B Visa application approved without RFE? Then you have to read this article.  This article will help you if you […]

H1B RFE – Is it common these days?

Request for Evidence (RFE) is issued by the USCIS requesting the applicant or the petitioner to provide additional evidences to support the case filed.

Do you want to get H1B Visa application approved without RFE? Then you have to read this article.  This article will help you if you are and will be applying for H1B Visa and others who want to learn about H1B Visa RFE’s in general.

Below are a few typical RFE requests from USCIS:

  • Maintenance of Status
  • Evidence that job role needs a BS degree
  • Curricular Practical Training
  • Employer Employee Relationship

Maintenance of Status

Additional documentation is required to establish that the beneficiary was maintaining a valid F-1 nonimmigrant status at the time of filing.

Full Course of Study

To demonstrate that the beneficiary was maintaining a full course of study, you submitted copies of SEVIS Certificates of Eligibility for Nonimmigrant Student Status (Forms 1-20) issued to the beneficiary from _____ University. However, this evidence does not demonstrate that the beneficiary was engaged in a full course of study.

The types of evidence that you may submit include, but are not limited to:

•Copies of all pages of all SEVIS Certificates of Eligibility for Nonimmigrant Student Status (Forms 1-20) issued to the beneficiary from _____ University;
•Official copies of the beneficiary’s transcripts issued by _____ University;
•Copies of degrees and/or certificates issued to the beneficiary showing course completions;
•Receipts for tuition payments made by the beneficiary to _____ University;
•Receipts for books, parking passes, and school supplies, for the period of time that the beneficiary was a student at _____ University;
•The beneficiary’s student ID for _____ University;
•The beneficiary’s course syllabi or outlines for his or her program at _____ University;
•Documentary evidence to show that the beneficiary was physically attending the courses in which he was enrolled, including transportation receipts, confirmed transportation reservations, attendance records, etc.;
•Evidence of the beneficiary’s U.S. residence (utility bills, rental contracts or receipts, etc.);
•Evidence showing the number of online or distance education class credits the beneficiary was/is enrolled in for each session, term, semester, trimester, or quarter of study, for the duration of the time he was a student at _____ University;
•Evidence to show the beneficiary is or was making progress toward completion of a program of study;
•Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

Curricular Practical Training (Most common among 2nd Masters Students)

Since the evidence of record indicates that the beneficiary is or was participating in Curricular Practical Training (CPT), provide the following:

•The name of the course and course code in which the beneficiary is or was enrolled that requires CPT;
•Documentary evidence that immediate participation in CPT was required for the beneficiary’s studies;
•Documentary evidence establishing both the beneficiary’s current major and that CPT is/was an integral (essential) part of the beneficiary’s degree program at _____ University;
•A letter from the beneficiary’s CPT employer(s), explaining the beneficiary’s job duties, pay, and period of employment;
•Evidence of the cooperative agreement(s) between the beneficiary’s CPT employer and _____ University;
•A detailed statement explaining how the beneficiary obtained CPT employment at the CPT employer; whether individually, through the school, or through an outside company or consultancy;
•Evidence that the beneficiary’s CPT is or was directly related to his or her major area of study.

Evidence that job role needs a BS degree

It’s a common RFE, especially at the California Service Center. I’ve even seen an RFE asking the employer to prove that an Industrial Engineer requires a bachelors degree. What’s really ridiculous about this is that the regulations specifically use “engineering” as an example in the definition of specialty occupation:

8 CFR 214.2(h)(4)(ii) Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

Many F-1 students who were not selected in this year’s lottery may be looking into the option of re-enrolling in school and obtaining CPT immediately. Tread carefully here. While CPT may provide you a short-term ability to continue working, if it is not in compliance with the F-1 regulations, it can negatively impact your long-term immigration goals. Consider the recent investigation involving a thousand students at UNNJ. I would expect that DHS is looking closely at CPT from day 1 schools these days.

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Sample I-983 Training Plan

 

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