USCIS Significantly Increases H-1B RFE Issuance In 2017

USCIS Requests for Evidence (RFEs) for H-1B petitions have increased by more than 45% this year compared to the same timeframe in 2016, Reuters reports. Between January 31, 2017 and August 31, 2017, the agency issued approximately 85,000 such requests, compared to 59,000 over a similar period in 2016. USCIS RFEs may cover a wide range of topics, and may range from simple document requests (such as a request that a document be translated) to extensive challenges which require employers to prove (or re-prove) significant portions of the case.

In particular, many immigration practitioners are reporting an increase in RFEs which are targeted at entry-level positions, including RFEs which challenge whether or not the duties of the position are sufficiently complex for the role to qualify as an H-1B occupation, or which challenge the use of lower prevailing wage levels in support of the filing. Although the increase in RFEs for...