The current climate of Work and Employment visa applications (temporary or permanent) in the United States is “RFE heavy”. RFE stands for a “Request for Additional Evidence”. The Department of Homeland Security (“DHS”) initial review of a foreign national’s application for a work, investment or employment visa, usually results in an RFE being issued by the adjudicating U.S. immigration officer seeking stronger evidence in certain areas of the application process. Understanding that an RFE is most likely unavoidable, you and your U.S. Immigration attorney must be willing to embrace the following principles in order to succeed and navigate the U.S. work and business visa application process. Below are a few key principals that increase the chances of success in being granted work or business visa status in the United States:
Principles to successfully Respond to RFEs:
- The Department of Homeland Security (“DHS”) is permitted and exercises its right to issue RFEs despite the best compliance efforts by applicant through Counsel in the preparation of an H-1B, L, E or O visa, to name a few.
- RFE trends should be documented, reviewed and studied by applicants and their U.S. Immigration lawyer in order to prepare an application that may preempt lengthy and expensive responses to RFEs.
- It is important for Immigration legal counsel to discuss, in advance of preparation and application submission to the government, a plan and time-line to address RFE’s issued by the U.S. government. This reduces frustration and ensures a response to an RFE is not delayed or result in abandonment of the entire process.
The standard time to respond to an RFE by law is 87 days or less. Applicants and U.S. employers, through his or her lawyer, require the maximum time allowed to prepare and gather additional information such as expert opinions, reports and conduct additional qualitative analysis.
DHS’s Request for Additional Evidence, if handled properly, are a great tool to use to understand what the USCIS or DHS adjudicator requires in order to approve your specific and unique case.
Our attorneys are members of the (“AILA”) and have 20 years of experience in U.S. Immigration matters. We are standing by to answer questions. We serve clients through the United States and abroad.
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