INSZoom Immigration Conference 2019 | Ways to Avoid RFEs in your Visa Journey | Anindita Chowdhury

1. INSZOOM IMMIGRATION
CONFERENCE 2019
November 5-6, 2019 ITC Gardenia, Bengaluru |#INSZoomIIC2019

2. INSZOOM IMMIGRATION
CONFERENCE 2019
RFE Trends (2019 USCIS
Statistics)
• H-1B RFE Rates Are Up to 60%+ of Cases Filed for Some
Indian IT Majors (1)
o Overall 39.6% of Cases Received RFEs – 62.7% Approved
after RFE
• 84.8% Approval for H-1B visas in 2019 (84.5% in FY18) per
USCIS
o Numbers are skewed as U.S. Companies like Amazon have
approx. 3% denial rate
o Some Indian IT companies are seeing 60% or higher denial
rates
o USILAW – for one Indian IT major has 99% Approvals and
84% H-1B Approvals without RFEs in 2019
o For one of the Top 3 Indian IT majors – 96.4% H-1B Approvals
in 2019
• 53.7% of L-1 Visa Applications RFE’ed
o Only 50.7% Approved after RFE
• Record Number of Cases Approved in 2019

3. INSZOOM IMMIGRATION
CONFERENCE 2019
USCIS Statistics for H-1B Visas

4. INSZOOM IMMIGRATION
CONFERENCE 2019
RFE Truths
• Cases Need to be Well-Prepared
o Cut & Paste and Mail-Merge Support Letters will
receive RFEs
o Insanity – doing the same thing over and over again
and expecting a different result
o Documentation has to be aligned and should
support petition
o No contradictions within the documents presented
• Good Understanding of the Law
o How do you define the need
o Sometimes for L-1s required company documents
are not presented
• Companies Need to Build Their Reputations

5. INSZOOM IMMIGRATION
CONFERENCE 2019
H-1B
RFE’s cannot always be avoided, but can be minimized but
there are ways to minimize their occurrence:
1. Accurate and complete forms
2. Certified LCA - stay away from Level 1 Wages
3. Thorough documentation for the project the beneficiary
works on and their background in the field
4. A detailed support letter
Specific types of RFEs:
• To avoid Specialty Occupation: Choose SOC Codes based
on O*Net and OOH strength and ensure the job duties match
the SOC Code.
• To avoid Availability of Work/Right to Control: Include
evidence of the relationship with the end client and
sponsoring organization.
• To avoid Beneficiary Qualifications: Ensure the beneficiary
has a Bachelor’s Degree related to the prospective position.

6. INSZOOM IMMIGRATION
CONFERENCE 2019
L-1A
1. Provide documentation evidencing the relationship
between the foreign entity where the beneficiary worked
and the US entity.
2. Accurate and complete forms.
3. A detailed support letter explaining the beneficiary’s
qualifying employment abroad and their
current/prospective employment in the US.
4. Emphasize the Managerial/Executive nature of the
employment abroad and the current L-1A position in the
US.
5. Include evidence of the managerial or executive nature of
the beneficiary’s work abroad and in the US. Including an
organizational chart is critical.

7. INSZOOM IMMIGRATION
CONFERENCE 2019
L-1B
• Provide documentation evidencing the relationship
between the foreign entity where the beneficiary worked
and the US entity.
• Document the tool they are working on.
• Document how they are trained and qualified.
• Include a detailed explanation of how the beneficiary
has attained Specialized/Proprietary or Advanced
Knowledge.
• A detailed support letter explaining the beneficiary’s
qualifying employment abroad and their
current/prospective employment in the US.

8. INSZOOM IMMIGRATION
CONFERENCE 2019
I-140 Applications
EB-1:
• Ability to Pay – be able to show with evidence that your
company has the funds available to pay the beneficiary the
prospective salary.
• Include evidence of the managerial or executive nature of the
beneficiary’s work abroad and in the US. Including an
organizational chart is critical.
• Provide documentation evidencing the relationship between the
foreign entity where the beneficiary worked and the US entity.
EB-2/EB-3:
• Ability to Pay – be able to show with evidence that your
company has the funds available to pay the beneficiary the
prospective salary.
• Ensure the accuracy of the PERM 9089 form.
• Provide experience letters that align to the PERM 9089 form in
terms of tenure, job title, skills and job duties.
• Always include a Credential Evaluation.