It’s RFE season and we project frequency trends will not change. In the past few years, around one of every four H1B petitions selected in the lottery received an RFE.
When your RFE or your employee or client’s RFE arrives, sit down with your team and read it over and determined who dropped the ball. Finding out who is at fault for the RFE is not about placing or deflecting blame, but rather an investigative tool you
can use to find out where you need to make changes and provide more evidence to get the RFE overturned.
Sometimes CIS is to blame for the RFE
As you well know, CIS is not perfect. The H1B petition could have been spotless and CIS will still issue an RFE. These RFEs are factually incorrect. They are frustrating, but they are easy because you already have all of the evidence, documentation, and
analysis ready to file.
Sometimes it’s the attorney’s fault
While it is rare, an attorney will sometimes file a petition incorrectly. If this is the case, it’s typically not worth firing your attorney for this late in the process. Misfiling errors can be corrected.
Sometimes the RFE is the fault of the candidate
Sometimes H1B candidates will mistake the value of their degree. It’s not uncommon for a candidate to insist that a high school diploma is a college degree, or to provide mistranslated or poorly evaluated educational documents that trigger an RFE.
Sometimes the degree isn’t from an accredited institution, and regardless of how good their education actually is, CIS will not accept a degree from an institution that is not accredited. If this is the case. . . Read more. . .
http://www.
thedegreepeople.com/h1b-rfe-whose-fault-was-it/
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