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January 9 , 2009 AILA Wants H-1B RFE/Denial Examples AILA liaison continues to monitor the extent to which the USCIS has implemented procedural changes to the adjudication of H-1B petitions based on the October 2008 H-1B Benefit Fraud and Compliance Assessment. We are looking for current examples of RFEs and denials in H-1B cases that involve "broad brush" requests for evidence, such as those requesting extremely detailed employer financial information; requests for proof of existence of an employer's place of business (copies of leases, verification of proper use by zoning or planning authorities, letters from landlords, etc.); comprehensive lists of all employees, or all nonimmigrant employees, along with supporting payroll and tax information; requests for job descriptions in extreme detail; an explanation of the specialty nature of the occupation for which the nonimmigrant worker's services are sought (especially the obvious); requests for prospective itineraries; copies of contracts where the employee will be working on a project for a third party; and, other examples where the USCIS has requested information that reaches beyond what is reasonable in connection with the particular petition, employer, and alien. If you have examples to share, please note the following: 1. Please send examples to reports@aila.org with the subject line stating "H-1B RFE-Denial Examples." Please do not write on the actual RFE or denial, as we need to send clean copies to USCIS. 2. Please provide a concise statement of facts and your concerns in the body of the e-mail when you send the examples. It is helpful to indicate the annual revenue of the petitioner, the number of employees, and how long the petitioner has been in business. 3. Please include redacted transmittal and support letters, and copies of other evidence that illustrates the unreasonableness of the request for evidence, as well as information provided to the USCIS in rebuttal to the RFE; 4. Please redact the petitioner and beneficiary name. It is preferred that you do not redact the receipt number. These are being collected for liaison purposes only. Please make sure to respond to an RFE or file an appeal to protect your clients' rights and interests.
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