FAQ: H-1B cases and requests for evidence

While a number of high-profile immigration policy initiatives have made headlines, one of the more significant changes impacting corporate immigration that has been implemented with less publicity is a shift in how the government is adjudicating H-1B cases. U.S. Citizenship and Immigration Services is more closely scrutinizing H-1B petitions for the types of jobs being filled, the foreign employee’s qualifications, and the wages companies are offering H-1B workers.

One indication of this greater scrutiny is that the agency has sharply increased the number of requests for evidence (RFEs) whereby companies whose H-1B petitions have been accepted for processing are asked to provide additional evidence to support their case.

BAL has seen a marked increase in RFEs for H-1B cases across all sectors, and this trend is supported by new USCIS data showing a 45 percent increase in RFEs over the last year – the highest number of RFEs in eight years.

BAL has prepared an FAQ that explains this new trend and its impact on companies. Read the FAQ here.

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