#5 Employer’s attorney will receive the notification from USCIS by March 30, 2020. Consular processing means that you get H1B visa stamp in your passport by visiting US embassy. I have listed the steps that you should take to kick start your H1B journey from opening back account, applying W7 ITIN tax form for your dependents, Applying US driving License to understanding US green card process. Beneficiary Qualifications. USCIS generally sends RFEs to find out if there are similar employees in the company and to obtain more information about the project. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Want High Quality, Transparent, and Affordable Legal Services? The beneficiary's higher education must directly pertain to the position in question or, at the very least, be closely related. It simply means that USCIS has determined that it needs more information to move your application forward. The most effective way to respond to an RFE is to do the following: If you do not have an attorney, it would be wise to get one. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. The Validation Instrument for Business Enterprise, also known as the VIBE, is a system that the USCIS uses to validate information provided in an H1B classification filing. If you work in a remote location, or if there's another question about your relationship with your employer, USCIS may request additional evidence that working for your employer meets certain criteria. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. Do not worry. The position must be complex enough that it can't be performed by somebody without a relevant college degree. A small business that wishes to hire a foreign worker may receive a Request for Evidence from the USCIS to assess their need for the beneficiary's professional services. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Update 1 Apr 2020: Many people are worried as their status is still showing “Submitted”. Contact Us, Chances of H1B Rejection After Lottery Selection, Travel while H1B is Pending After Lottery Selection, US Masters Degree – 2 chances of Lottery Selection, Issues with Indian Passport renewal via VFS Global, Online passport application in Portrait Format, answers here as USCIS announced that status will keep showing “Submitted”, Coronavirus recession may affect the number of H1B applications, H1B documents to apply for visa stamp in US embassy, travel while your H1B application is pending approval, difference between Consular Processing and Change of Status, IT Consulting In-house projects – RFE chance 90%, Approval chance less than 25%, IT consulting end client project ends before approval – RFE chance 50%, approval chance good if new client letter available – 80%, Full time job US employer – 98% chance of approval, Apr 15 to June 4 – Expect H1B premium lottery selection Email. Job vacancy announcements for the position in question. You should understand the difference between Consular Processing and Change of Status. The adjudicating officer will make their decision based on additional criteria, such as: The USCIS may also request additional information including: There are certain qualifications that USCIS looks for in H1B petitioners. Ask in forum, © 2020 AM22 Tech | Share it with your network! You can track your H1B approval processing time if your application has been selected. Chances of H1B Approval after Lottery 2020-21, Denial, RFE Steps. These judgments are based on a variety of factors concerning the applicant and the company, including the potential for earnings and the type of work that will be done. Was this document helpful? But, you would need a valid US visa (other than H1B) to re-enter USA. The new H1B lottery changes will benefit US masters degree holders as they will get a second chance in the lottery for selection. Coronavirus recession may affect the number of H1B applications that are approved finally to start working from Oct 1, 2020. Comments are closed. These are very complex issues and, without help from a professional with the kind of knowledge and experience to work through them successfully, you're likely not going to get the kind of results you would like. Since USCIS must have proof of employment in the U.S., RFEs for H1B visa applications often stems from an unclear application or missing documentation. The H-1B RFE rate was 35.8% in the second quarter of fiscal 2020, up 0.5% from the same period in fiscal 2019. Chances of H1B RFE and approval as per my opinion: Healthcare sector would be the most in demand with airline, banking, hospitality and retail sector H1B jobs tanking. Some people may have H4 visa or others may have F1 to come back to USA. There is no need to rush when responding to an RFE. It is possible that your H1B receives a USCIS RFE after lottery selection. Lottery process for H1B 2021 season is now approaching and employers have started working new applications. Prepare the documents for mailing, including verifying the mailing address, Submit the documents before the deadline with enough time for the documents to reach USCIS. The chances of H1B approval or denial after lottery selection vary by your employer and the documents submitted. To qualify for the specialty occupation requirement, a worker must have completed a level of higher education and be the only person who can effectively do the job in question because of that higher education credential. Your Federal Tax Identification Number, or FEIN. Don't be surprised if you're asked to provide information not covered in this list. #1 H1B registration starts Mar 1, 2020 at 12 PM and ends on Mar 20, 2020 – 12 PM. USCIS will ask for proof that what the company wants the applicant to do matches the job description. UpCounsel accepts only the top 5 percent of lawyers to its site. Bachelor's degree or higher in a related field. If you need help with an H1B RFE, you can post your legal need on UpCounsel's marketplace. Obtaining a degree in a specific degree of study is required to perform the technical duties related to the position. The adjudication officer that has been assigned to the petition in question will evaluate all of these factors and use the information available to them to determine whether or not the beneficiary should be qualified as a "professional" in their field. When an auto shop, for example, is petitioning for a foreign worker to fill an accountant position, they will most likely need to qualify their need for this specific person's services. Steps after H1B Lottery approval, denial or RFE. Have a question? Validation Instrument for Business Enterprises (VIBE), 6. Only selected candidates will receive the email from USCIS. In other words, USCIS approved a higher percentage of companies that supplied additional information. However, most decisions take place within three to twelve weeks. Visa stamp for consular processing. One of the key functions of the application and RFE processes is to determine if the company needs the worker. New i94 with change of status. It is better to take the time you need to respond effectively rather than risk creating a new problem. Once RFE documents are submitted, the average RFE response time is 90+ days for regular applications. Availability of Work (Off-Site Work Cases) H1B Visa RFE. Your H1B registration will be in “Submitted” status and there is still a second chance. You can also receive a second RFE if the documents submitted by your employer are not sufficient or are missing something that USCIS asked in first RFE. This does not mean that your application is denied. You can travel while your H1B application is pending approval after it has been selected in Lottery. Your US status will automatically change on Oct 1 as this is usually the first date that you can start working on H1B. Or, for example, when a construction company petitions for the services of a financial planner, the USCIS will likely make a similar request. You may receive the RFE through the U.S. Your business has recently undergone a structural change. Selected registrations will be notified by email and text message. Once you get this H1B visa stamp, you and your H4 dependents can travel anytime from the validity start date to US and start working in US. New i94 with change of status. If your H1B is approved before October 1st to start H1B job on Oct 1st, you can file H1B transfer to new employer on Oct 2. #3 Lottery can happen multiple times on demand basis until all 85000 spots can be filled by USCIS. It is for people who are outside USA or have explicitly opted to go out of US if currently in USA. Once you see the H1B receipt status as “Case was approved” on USCIS website, your employer will receive an approval from USCIS called i797A within 7-21 days. You can start working on Oct 1 if your H1B application has been approved after lottery selection. When to Consult with an H1B Visa Lawyer. How long the process takes depends on many variables. If you're in the middle of submitting an H1B visa application, you may receive an H1B RFE in the mail from USCIS.