How To Handle a Request for Evidence (RFE) During Your Business Visa Process
The U.S. Citizenship and Immigration Services (USCIS) may issue a Request for Evidence (RFE) while reviewing business visa applications. The USCIS may issue an RFE if additional documentation or clarification is required to proceed with adjudication of a visa application. Once the USCIS issues an RFE, the processing is paused. This can create a significant delay in obtaining the visa for both the applicant and the petitioner. USCIS will continue to process your application or petition after it receives the information or documentation requested within the deadline. Usually, the USCIS will give 30 to 90 days to respond to an RFE. Failure to respond to the USCIS on time with the necessary documentation or information could result in your case being denied. This article discusses how to handle an RFE during your business visa application.
Common Reasons for RFEs in Business Visa Applications
There are several reasons why you would receive an RFE in your business visa application, including the following;
- Inadequate proof of eligibility
- Insufficient evidence of employer-employee relationship
- Missing or incomplete financial documents
- Unclear job duties
- Lack of educational or professional credentials
- Missing document translations
- Lack of specialized evidence. For instance, a H-1B visa requires evidence of the applicant’s qualifications, such as a degree in a specialized field or proof that the job requires specialized skills and knowledge not readily available in the U.S. labor market.
- Incomplete business documentation, such as missing licenses or financial reports.
- Inconsistencies in the petition.
USCIS officers have guidelines for reviewing visa applications. These guidelines define the situations where issuing an RFE is appropriate.
Handling an RFE During Your Business Visa Process
An RFE means that the USCIS needs more information from you. After receiving an RFE, approach the situation carefully and thoroughly.
Read the RFE Carefully
Take time to understand what the USCIS requires. What evidence or documentation are you required to submit? Take note of how long you have to respond to the RFE. Remember, this is your opportunity to address any questions the USCIS may have.
Consult a Business Immigration Lawyer
It is highly advisable to consult a business immigration lawyer after receiving an RFE. An attorney can help interpret the RFE and guide you in responding. Immigration law is complex, and any misunderstanding or incomplete information could adversely affect your case.
Collect the Required Information
Work with your attorney to gather what the USCIS is asking for. Also, review your original application to see if there is anything else you can send to the USCIS to bolster your case. Consider this your chance to address any weaknesses in your case.
Respond Promptly
Submit your response within the deadline. Failure to do so could result in your application being denied. Be thorough in your response, and file it timely.
Contact Us for Legal Help
If you’ve received an RFE for your business visa application, our skilled New York City business immigration lawyer is here to help. Contact us today to schedule a consultation.
Source:
uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
