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H1B Case Study: Nightmare RFE OVERTURNED!

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posted Dec 16, 2016 in RFEs (H1B, I-140, PERM, Consulate) by Sheila Danzig (8,100 points)

What is the H1B RFE that strikes fear into the hearts of immigration attorneys and causes nightmares for their clients who receive them?  The Nightmare RFE! 

This RFE is also called the Kitchen Sink because absolutely everything is in it, even the kitchen sink.  This RFE is virtually impossible to answer, we don’t know exactly what triggers it or if CIS even has the right to issue it, and we know that it is virtually impossible to answer by following its own directions.  If you were to try to follow the directions set out in the RFE to answer it, you would have to involve the services of so many individuals and authorities to collect all of the evidence and information requested that it would cost an enormous amount of money and take way more time to complete than you have to respond. 

If you or your employee or client received a Nightmare RFE, try not to panic.  These RFEs are common, and they are NOT actually impossible to answer so long as you don’t get caught up in the wording.  The roadmap to successfully answering the Nightmare RFE is not in the RFE itself, it takes a creative approach and guidance from a credential evaluator with experience working with difficult cases and RFEs.  These evaluators understand H1B requirements, international education and commerce agreements, and CIS approval trends.

At TheDegreePeople, we have a very high success rate for getting Nightmare RFEs overturned.  It just takes a very detailed, and somewhat creative approach.  Instead of following the directions stated in the RFE, we go back to the initial H1B requirements and see where our client’s initial petition was lacking in evidence and clarity.  We work from there. 

Oftentimes, what is lacking is the right credential evaluation.  We have found time and again that candidates will submit a petition without an evaluation, or with an evaluation that doesn’t address the requirements of the H1B petition.   An H1B candidate needs to hold a US bachelor’s degree or higher or it’s foreign equivalent in the EXACT field of their job offer.  If these educational requirements are not clearly met, CIS issues an RFE, and what starts off as a simple RFE can quickly escalate into a Nightmare.  Again, these kinds of RFEs have become increasingly common in the past few years and this trend is unlikely to change.

It’s always better to avoid a Nightmare RFE in the first place than to find yourself faced with one, but even if you are staring at one right now, you can still get it overturned.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency.  For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. 


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