The reason for H1B RFE? - Relationship between employers, employees, qualifications, status

The reason for H1B RFE? - Relationship between employers, employees, qualifications, status As you know, from the point of view of everyone involved, the requirements for an H1B for RFE Visa can be very annoying because you have to submit information and wait for USCIS. This can be a tense moment for employers and employees.

The most common reasons of H1B RFE (Request for Evidence)      

Validation Instrument for Business Enterprises (VIBE) Specialty Occupation Needs of the Petitioner for the Services of the Beneficiary Beneficiary Qualifications Employer-Employee Relationship Maintenance of Status

H1B Petition - Qualifications?

Not only must positions associated with H1B visas be such that at least a bachelor's degree is required in a particular field, but sponsored employees must also have the required bachelor's degree.

Sometimes individual education is not in the right area, but in the appropriate area. Some RFIs may require explanation and documentation of how values are related to position. If a US-sponsored employee does not have a bachelor's degree, he must prove that the foreign equivalent is equivalent to a bachelor's degree in the US. RFE can request training assessments, or if a review is submitted, evidence can be requested that officials have the right to undergo training at an academic university or university. And / or work experience at work. Sometimes a combination of training and experience can be used to document the qualifications of beneficiaries. USCIS allows three years of professional experience to replace each year of higher education. Administrators must decide whether the quality of their experience is high enough to be considered "professional". Experience is usually documented by previous employer's letters, and EDC can be issued if the assessment used for the assessment is not specific.

Relationship between employer and employee - Any violation?

Usually, USCIS considers a number of factors in situations where sponsored employees work outside the location to determine whether there is a legitimate relationship between the employer and the employee. In assessing whether legitimate "employer-employee relations" exist for the purposes of the H-1B petition, USCIS must decide whether the employer has adequate control of the employee.

Applicants can be asked to provide documentation that shows that they have the right to control when, where and how the recipient performs the task. This problem often occurs in the consulting industry or employees. In addition to documenting the right to carry out inspections, the counseling / recruitment employer must also submit project-related documents to confirm that special on-site work is available outside the location (usually the client company).

Maintenance Status - No status violation?

If the H-1B petition requires an extension of status or status change, sponsored employees must document that they maintain their current status correctly. Read H1B V Visa. Status in the United States. For extension of H-1B, this usually includes salary reports. For students with F-1 status, RPS requires further documentation for course work, OPT or CPT work, class attendance, etc.

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