Ninety percent of H1b rfe reasons revolve around Specialty Occupation. In addition, the Immigration Department will also request the company’s basic information in the RFE letter to prove the position and relevance of the company’s business field, question the beneficiary’s professional and position inconsistency, review the beneficiary’s legality, and prove the employment relationship. The following are the most common RFE reasons for Chinese students.
- the salary is only Level 1
This is a new problem in 2017. More than 70% of H1B applications received h1b rfe for this reason, because the Immigration Bureau believes that Level 1 Wage belongs to the Entry Level and cannot prove that the position has a certain degree of complexity.
- positions do not need undergraduate
This is one of the most frequently used h1b rfe reasons for immigration, and it is also the easiest place to step on the thunder. Each year, the Immigration Department uses the Department of Labor’s Career Manual to determine whether a position requires a bachelor’s degree. This handbook is updated annually. If certain positions are identified by the Department of Labor as not requiring a bachelor’s degree, then it is very likely that they will receive such an RFE. For example, Drafter, Web developer and other positions.
- Professional does not match the position
Chinese students often encounter difficulties when they are looking for a job in the United States. As a result, the final work and academic qualifications are not closely linked. At the same time, they still lack certain work experience after graduation. Therefore, the Immigration Bureau will think that the beneficiaries are unable to complete the work.
- The position does not match the company’s business field
Many Chinese students will start their own business in the United States after graduation, but their positions often do not meet their professional background, so they will choose to apply for an H-1B visa with a position that is more in line with their professional background. This “small clever” approach just increases the probability and difficulty of h1b rfe. The positions that are more likely to receive such RFEs in the past two years are Accountant, Designer, Financial Analyst, etc. Especially for some small and medium-sized companies, it is easier to receive such RFEs.
- Identity maintenance problem
If Chinese students are not STEM majors, they usually only have one lottery opportunity, which is not enough for international students. Therefore, some students will choose to continue to go to school and then work with CPT. When immigration officers see such an application, they will question the legal status of the beneficiary.
- Prove the complexity of the position
How the Immigration Bureau judges the complexity of a position each year is mainly judged by the Job Description submitted at the time of application. That’s why GoH1B emphasizes that the Job Description must be written every year. It’s too simple to write. However, the Immigration Department is not an expert in the industry and a senior HR. It is not fully understood for some positions and responsibilities, so other materials will be required to prove the complexity of the position.
- the company’s business authenticity
Many Chinese students will work in some startup companies. However, the startup company or small company sometimes does not have sufficient tax return records, or the company’s registered address and office lease information are not clear enough. The immigration office will therefore question the company’s authenticity and future sustainability to ensure that the company can pay the beneficiary’s future salary