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Reasons for H1B RFE
作者:YZ律师     发文时间: 2019年03月01日 20:37:00
USCIS released information on the top reasons that Requests for Evidence (
RFEs) were issued for H1B petitions in fiscal year 2018. Below is a list of
the top reasons, in order from most to least common.

1. Specialty Occupation: the petitioner did not establish that the
position qualifies as a specialty occupation.

2. Employer-Employee Relationship: the petitioner did not establish that
they had a valid employer-employee relationship with the beneficiary, by
having the right to control the beneficiary’s work, which may include the
ability to hire, fire, or supervise the beneficiary, for the duration of the
requested validity period.

3. Availability of Work (off-site); the petitioner did not establish that
they have specific and non-speculative qualifying assignments in a
specialty occupation for the beneficiary for the entire time requested in
the petition.

4. Beneficiary Qualifications: the petitioner did not establish that the
beneficiary was qualified to perform services in a specialty occupation.

5. Maintenance of Status: the petitioner did not establish that the
beneficiary properly maintained their current status.

6. Availability of Work (in-house): the petitioner did not establish that
they have specific and non-speculative qualifying assignments in a
specialty occupation for the beneficiary for the entire time requested in
the petition.

7. LCA Corresponds to Petition: the petitioner did not establish that
they obtained a properly certified Labor Condition Application (LCA) and
that this LCA properly corresponds to the proffered position and terms of
the petition.

8. AC21 and Six Year Limit: the petitioner did not establish that the
beneficiary was eligible for AC21 benefits or was otherwise eligible for an
H1B extension as it appeared that H1B had hit the six-year limit.

9. Itinerary: the petitioner did not meet the itinerary requirement,
which requires petitioners to submit an itinerary with a petition that
requires services to be performed in more than one location. The itinerary
must include the dates and locations of services to be provided.

10. Fees: the petitioner did not establish that they paid all required
H1B filing fees.



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