The RFEs are primarily issued on the basis that the USCIS does not accept that the specific position qualifies as a specialty occupation, or on the basis that the wages paid to the individual does not qualify the position as an H-1B specialty occupation. Similar queries had not been raised by USCIS in previous years.
The number of RFEs and subsequent denials have resulted in many H-1Bs returning to their home country after being in America for a number of years which, in my opinion, will have a detrimental impact on the economy in the long term.
The above change is not the only change that we see. There have been many other subtle changes that are taking place under this administration and the interesting part is that the changes are being made without the formal rule making process, avoiding the legislative process.
The Freedom of Information Act (FOIA) is a federal law that establishes the public’s right to obtain information from federal government agencies. So for instance, if an individual does not have copies of their prior filing, or if they have lost documents that they have previously submitted to the USCIS, they can use FOIA request to obtain copies of their records.
Immigration and business attorney Indu Liladhar-Hathi has an office in San Jose. (408) 453-5335.