Received an H-1B RFE?
An H-1B RFE may question whether the offered position qualifies as a specialty occupation, whether the beneficiary possesses the required education or equivalent qualifications, whether a bona fide position exists, whether the labor condition application corresponds to the petition, or whether the requested status and employment are otherwise supported by the record.
Send Us Your H-1B RFEThe position and the beneficiary are separate parts of the analysis.
An H-1B petition must establish both the job and the worker.
An H-1B specialty occupation petition requires evidence that the offered position meets the specialty occupation requirements and that the beneficiary is qualified to perform that occupation.
These are related but separate questions. A beneficiary can hold an advanced degree and still receive an RFE if USCIS concludes that the position itself does not require the appropriate degree-level specialized knowledge. Conversely, a qualifying specialty occupation does not resolve whether the individual beneficiary meets the education, license, or equivalency requirements for that position.
The response should therefore identify precisely whether the RFE concerns the occupation, the beneficiary, the petitioner and employment arrangement, the LCA, maintenance of status, or several of these issues at the same time.
What makes the offered H-1B position a specialty occupation?
The evidence should connect the actual job duties to the highly specialized knowledge and directly related degree-level preparation needed to perform them.
What Will the Beneficiary Actually Do?
Detailed duties can help demonstrate the level and type of specialized knowledge the position requires. Generic job descriptions may not explain why the work requires degree-level knowledge in a directly related specialty.
Why Is the Degree Field Directly Related?
The response should explain the logical connection between the required degree field or fields and the duties of the position rather than simply stating that the employer prefers a college graduate.
What Evidence Corroborates the Requirement?
Employer practices, industry evidence, organizational context, project materials, expert analysis, technical documentation, and other evidence may help demonstrate why the position requires the claimed specialized education.
“Directly related” does not necessarily mean only one degree title.
The question is whether there is a logical connection to the position.
Under the current H-1B framework, the required bachelor's or higher degree must be in a directly related specific specialty, or its equivalent.
USCIS explains that “directly related” means there is a logical connection between the required degree or degree fields and the duties of the position.
A position may potentially accept more than one qualifying degree field when each field is directly related to the duties. The response should therefore explain the substantive connection rather than relying solely on job titles or degree names.
What is USCIS questioning?
Specialty Occupation
USCIS may conclude that the duties do not sufficiently demonstrate a need for highly specialized knowledge normally associated with a bachelor's or higher degree in a directly related specific specialty.
Beneficiary Qualifications
USCIS may question the beneficiary's U.S. or foreign degree, degree field, equivalency, education and experience combination, professional license, or other qualifications.
Bona Fide Specialty-Occupation Position
The record must support that the petitioner has a bona fide position in a specialty occupation available for the beneficiary during the requested period.
LCA and Petition Correspondence
USCIS may examine whether the certified labor condition application corresponds to the position, occupation, location, and other material facts described in the H-1B petition.
Third-Party or Client Work
When work will occur for or at another entity, USCIS may seek evidence clarifying the actual duties, work arrangement, location, projects, and availability of qualifying specialty-occupation work.
Maintenance of Status or Extension Issues
A petition requesting extension or change of status may also raise questions about the beneficiary's immigration history, prior employment, status maintenance, pay records, or other evidence separate from the underlying H-1B classification.
H-1B evidence should explain how the job actually operates.
Detailed Job Duties
Describe concrete responsibilities, technical tasks, decision-making, tools, methodologies, work products, and the specialized knowledge required to perform the position.
Business and Project Context
Organizational charts, project descriptions, product documentation, contracts, statements of work, internal records, or other evidence may help place the duties in their actual business context.
Degree and Equivalency Record
Academic records, credential evaluations, experience evidence, licenses, and explanations connecting the beneficiary's preparation to the position may address qualification concerns.
Not every H-1B RFE is a specialty occupation RFE.
The notice may contain several independent grounds requiring different types of evidence.
Six principles for responding to an H-1B RFE.
Separate Position From Beneficiary
Determine whether USCIS questions the specialty occupation, the worker's qualifications, or both.
Explain Duties, Not Just Titles
The job title alone rarely explains the specialized knowledge required to perform the actual work.
Connect Degree Fields to Duties
Show the logical relationship between the qualifying field or fields of study and the responsibilities of the position.
Document the Real Work Environment
Use project, organizational, technical, contractual, or other evidence that demonstrates what work the beneficiary will actually perform.
Answer Status Issues Separately
Maintenance or change-of-status questions should not be buried inside the specialty-occupation argument.
Track Every Finding in the RFE
A multi-issue H-1B RFE should be organized so USCIS can readily identify the response and exhibits addressing each independent concern.
H-1B RFE FAQs
Common questions after USCIS requests additional evidence on an H-1B petition.