Increase in Erroneous H-1B RFEs and Denials at California Service Center
The California Service Center has been issuing an increasing number of erroneous Requests for Evidence and denials in recent months. Attorneys nationwide have reported RFEs and denials from CSC which take the position that occupations such as Computer Systems Analyst do not require a bachelor’s degree in a particular field of study, and therefore do not qualify as H-1B specialty occupations, despite the fact that Systems Analysts have long been deemed a specialty occupation by USCIS.
H-1B denials have also been issued recently from CSC based on the absence of a letter, contract, or work order from the end-client company, despite numerous other documents submitted to evidence the beneficiary’s work location and the nature of the beneficiary’s job duties. Guidance issued by USCIS in 2010 explicitly stated that a letter from the end-client is not required to establish the required employment relationship, and that a combination of other forms of evidence may be submitted to establish the specialty occupation and employment relationship.
Furthermore, several factual errors have been noted in RFEs and denials from CSC adjudicators, such as wrongly identifying the vendors and end-client companies involved in an assignment, and misconstruing contracts and company documents. This misreading of the evidence has occasionally resulted in denial of the H-1B petition.
Not all H-1B adjudications from CSC have been subject to this kind of review, but the number of applications that have received this treatment has risen significantly since April this year. This trend may be due to the large influx of cap-subject H-1B petitions USCIS received in the first week of April and the corresponding need for quick adjudications. However, this type of RFE has not been limited to cap-subject applications; petitions to extend existing employees’ H-1B status in the same position have also been subject to over-burdensome RFEs.
Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.