How Multiple H-1B RFEs Can Complicate a Petition

Some H-1B applicants receive Requests for Evidence that challenge more than one aspect of the petition at the same time. These cases can become especially difficult because U.S. Citizenship and Immigration Services may question the specialty occupation, wage level, and educational qualifications together rather than separately.

One common issue involves positions filed under Level 1 wages. USCIS may view the role as too entry level to qualify as a specialty occupation or may question whether the wage aligns with the responsibilities described in the petition. This issue appears frequently in technology related roles, particularly computer programmer positions. In these situations, the response often needs to demonstrate clearly that the position still requires specialized knowledge and at least a bachelor’s degree or equivalent.

Educational background is another major focus in combined RFEs. Applicants with foreign degrees, three year bachelor’s programs, or generalized fields of study often face additional scrutiny. USCIS may question whether the degree relates closely enough to the offered position or whether it is equivalent to a United States bachelor’s degree.

To address these concerns, credential evaluations may review coursework, academic structure, and professional experience together. These evaluations help explain how the applicant’s educational background aligns with H-1B requirements and the responsibilities of the role.

Work experience can also become important when education alone does not fully satisfy USCIS expectations. In some cases, progressive professional experience is evaluated and converted into academic equivalency under accepted standards. This process helps demonstrate that specialized knowledge was developed through practical experience directly related to the offered position.

Expert opinion letters are frequently included in responses involving multiple RFEs. These letters often explain the nature of the role, why the position qualifies as a specialty occupation, and how the applicant’s background supports the job requirements. USCIS generally expects these opinions to come from professionals with direct industry experience and familiarity with hiring standards in the field.

Supporting evidence also plays a central role in these cases. Detailed job descriptions, organizational charts, examples of comparable industry positions, and records of prior hiring practices may help establish that the role genuinely requires specialized education. Organizing these materials clearly becomes especially important when several USCIS concerns must be addressed at the same time.

Cases involving multiple RFEs often require careful coordination between applicants, employers, attorneys, and professionals preparing supporting documentation. The more clearly the evidence connects educational background, work experience, wage level, and job duties, the easier it becomes for immigration officers to evaluate the petition as a whole.