Listen to our Podcast on Strategies for Responding to Requests for Evidence (RFEs) from USCIS

Join Beverly Hills immigration attorneys, Jennifer Grady, Esq. and Anthony Mance, Esq. as they share tips and insight into how to prepare a winning RFE response that will stand out and position your application for an approval.

The U.S. Citizenship and Immigration Services (USCIS) released new data confirming that employment-based immigration applications have seen a sharp increase in Requests for Evidence (RFEs) and denials since fiscal year (FY) 2018, which was when President Trump released his “Buy American and Hire American” executive order.

  •  For H-1B visas, the rate of denials more than doubled between FY 2017 and FY 2018, and it more than tripled in FY 2018 compared to FY 2015.  The number of RFEs increased by nearly 15%.
  • In the first quarter of FY 2019, the RFE rate for L-1 visas jumped to 51.8 percent, compared to 46.1 percent in the first quarter of FY 2018.
  • The overall rate of TN visa application denials increased from 4.9 percent in FY 2015 to 11.8 percent in FY 2018, and the RFE rate rose threefold, from 17.3 percent in FY 2015 to 28.2 percent in FY 2018.

Don’t be part of these statistics!  An RFE response is your opportunity to share as much relevant information and analysis as cohesively as possible.  Learn from Jennifer and Anthony’s success preparing hundreds of successful applications and dozens of successful RFEs.  They will share current trends in RFE topics and provide practical advice on preparing a persuasive cover letter and attractive presentation that will catch the eye of your reviewing officer.

Find out what USCIS is looking for, the most common types of RFEs, and how to prepare a winning response by listening to our podcast

In addition, download or FREE info booklet on RFE Response tips and tricks here.
 

About The Grady Firm, P.C.

JGrady Firm-Logo-2016

The Grady Firm works with dynamic employers and employees across the country to prepare successful employment-based visa and Green Card applications. In addition, we help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas (B-1/B2, H-1B, H-2B, L-1A, L-1B, O-1, TN, E-2, E-3), as well and Green Cards and citizenship based on family relationships, investment, or employment.

Click here to schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

Client’s Corner: Avoiding the Delays of a Request for Evidence When Filing an L-1A Petition

The Grady Firm recently filed an L-1A Intracompany transferee petition application for a corporate

client, the U.S. subsidiary of a multi-national company with offices around the world.  This company was  seeking to transfer a high-level executive in the role of CEO to the U.S. subsidiary in new York. The L-1A visa allows multi-national executives to relocate to the U.S. for up to 7 years, and can lead to a Green Card.  This popular visa has faced increased scrutiny under the Trump Administration, resulting in more Requests for Evidence, delays, and denials.

Because this visa is eligible for Premium Processing (a 15-day case review for an additional $1,410.00 filing fee), our client was fortunate to receive an approval within 15 days without a further costly and time-consuming Request for Evidence by USCIS. 

The key to our success was anticipating what documentation would be sought by the adjudicating officer, and providing a meticulous, detailed, and creative presentation. In order to prevent a delay by Request for more Evidence from USCIS, we provided some of the following evidence in anticipation:

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When Is the Best Time to Apply for an H-1B Employee Visa?

H-1B visaThe most highly anticipated visa of the year begins its application season in Q1 2019. The coveted H-1B visa allows companies in the United States to temporarily employ foreign workers in jobs that are “specialty occupation” positions, which involve the theoretical and practical application of a body of highly specialized knowledge.  H-1B visa holders often possess STEM degrees, such as jobs in fields such as science, engineering, logistics, and information technology.  To apply for an H-1B visa, the applicant must have a bona fide job offer from a U.S. employer, a Bachelor’s Degree or higher in their specific specialty or its equivalent, and meet the other requirements of the visa.

The H-1B visa is valid for three years, with an optional three-year extension, and provides the employee with the opportunity to apply for a Green Card if sponsored by the employer.  Accordingly, because the H-1B visa can last for 6 years (and even longer under some circumstances), the H-1B visa is one of the most popular ways for foreign professionals obtain a work visa, and ultimately, a Green Card in the United States. 

US FlagAs H-1B applications require a third-party academic credential evaluation of foreign degrees and the processing of a Labor Condition Application with the Department of Labor before an applicant is eligible to file an H-1B application with the U.S. Citizenship and Immigration Services (USCIS), H-1B applications can take 2-4 months to prepare.  Therefore, a prudent applicant will begin his or her application preparation in December or January because it can take several months to get documentation prepared and signed by the employer, obtain important documents from third parties, and have the application prepared by an attorney. Continue reading