When someone receives an H-1B transfer RFE (Request for Evidence), they may feel overwhelmed and anxious. However, it’s important to understand that an H-1B visa transfer RFE is simply a request from USCIS for additional evidence before deciding whether to approve or deny the H-1B application. It’s crucial to complete the request thoroughly, and it’s recommended to seek professional help to ensure the best possible outcome.
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What is an H-1B Transfer RFE
When a foreign national with an H-1B visa decides to change jobs, the new employer must file an H-1B petition. If USCIS needs more evidence to decide on the petition, it issues an RFE. This is a formal request from USCIS for additional information or documentation. This may require further evidence to verify eligibility, job offer details, prevailing wage compliance, or proof of maintaining immigration status.
H-1B RFE Issuance Rate
The H-1B RFE rate and approval percentages have seen significant changes over the last few years. In FY 2025, the RFE issuance rate was 8.5%, and the approval rate was 97.9%. This shows a remarkable decrease in the number of RFEs issued and an increase in the number of H-1Bs approved. Compared to 2021, the RFE issuance rate was much higher at 16.2%, a decrease of nearly 50%. Moreover, in FY 2019, the RFE rate was substantially higher at 40.2%, with an overall approval rate of only 84.8%.
The data chart referenced offers a comprehensive view of the recent trends in H-1B denials and approvals, illustrating the percentage of approvals overall, approvals after RFE, and the RFE issuance rates.
|
Fiscal Year |
H-1B Approvals |
% RFE Issued |
% Approved with RFE |
|
2025 |
97.9% |
8.5% |
86% |
|
2024 |
98% |
8.2% |
84.9% |
|
2023 |
97.3% |
9.9% |
81.0% |
|
2022 |
98% |
9.6% |
85.5% |
|
2021 |
97.3% |
16.2% |
86.5% |
|
2020 |
91.4% |
28.8% |
73.4% |
Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence
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Types of H-1B Transfer RFEs
There are a variety of RFE types. Some of them are as follows:
- Proof of a bona fide job offer for a specialty occupation position: Additional information may be necessary to prove that the offered role is authentic. The employer should provide evidence that the position and the company is legitimate. Issues can be avoided by registering the company with E-Verify, documenting proof of the job offer with full details of the benefits (401k plan, PTO, etc), and maintaining a file of interview notes and correspondence between the employee and employer.
- Evaluation of education and degrees: An RFE may be issued to individuals who have degrees from outside the U.S. The USCIS may take an in-depth look at the institution or university abroad to see how it compares to the U.S. degree requirements. All documents in another language must be translated.
- Determination of a specialty occupation: For an H-1B visa to be approved, you must demonstrate qualification in a “specialty occupation”. However, to qualify as such, you must meet the minimum requirements, typically a bachelor’s degree or higher in a closely related field. For example, a Bachelor of Arts Degree may not be sufficient for a position as an accountant. Since these rulings are, to some degree, subjective, it’s best to consult an immigration attorney.
- Financial documents from new businesses: RFEs of this kind are typically issued to businesses or companies that are in operation for fewer than 3 years or that have not filed H-1Bs in the past. The point of this RFE is to ensure that the business is on good terms with the IRS and up-to-date on its documents.
Must Know: H-1B Transfer RFE
When the USCIS receives an H-1B application, it typically falls into one of five categories:
- File is complete, and the case is ready for approval.
- File is incomplete, incorrect, or inconsistent and is rejected.
- File is complete, but does not meet the qualifications and is denied.
- File is not yet approvable because it’s missing evidence/documentation or is unclear.
- Evidence provided raises concerns or questions, and the petition is not yet approvable.
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If your case falls in the fourth or fifth category, you’ll likely receive an RFE to clarify certain ambiguities. The RFE is a second chance to avoid receiving a rejection or denial.
In most cases, the USCIS requests things like:
- Proof of educational degrees and qualifications for the position.
- Tangible evidence of past work experience.
- Documentation from the employer showing the ability to pay the employee the proposed wage and that the wage matches or passes the prevailing wage.
- Evidence of a bonafide job offer,
When the USCIS is unsure about a case, they typically:
- Conduct additional research internally through their channels.
- Ask the petitioner or beneficiary for more documentation relating to their case.
- Schedule an interview for the beneficiary or petitioner to attend.
- Dig deeper into the case for clarification.
Five Tips for Handling an H-1B Transfer RFE
If the necessary planning and precautions are taken ahead of time, it’s entirely possible to prevent an H-1B transfer RFE altogether. Take a look at these ten tips to avoid a request.
- In the beginning stages of an H-1B case, consult a professional immigration attorney because including irrelevant information can increase your chances of receiving an RFE in the first place. Also, you must respond to the RFE in the allotted time to have a chance at approval. Your attorney can help you determine whether or not premium processing is necessary to meet the deadline.
- Upon receiving the H-1B transfer RFE, read it carefully and in-depth. Merely skimming the request is likely to lead to misunderstandings or incomplete responses. For many new to the process, it may be difficult to understand the language used in the document. If that’s the case, don’t hesitate to contact your case’s legal representation.
- Respond to H-1B transfer RFE notices on time. It’s imperative to respond in a timely manner because there is no way to receive additional time as of this point. Consider the deadline set in stone to gather the appropriate paperwork and documents necessary to send out.
- Answer the RFE in its entirety. This type of request is not supposed to be answered part by part. The USCIS does not send a second H-1B transfer RFE if you neglect to answer a portion of their first request, so make sure it’s complete the first time around. If not, expect a denial.
- Be concise in your answers. Answer the points in brief, concise sentences, but still make it clear.
How to Respond to H-1B Transfer RFE
When an H-1B visa holder seeks to change employers, they must navigate the H-1B transfer process, a scenario often accompanied by an RFE from USCIS. An RFE is not a denial but a request for additional documentation to decide on your visa status. Understanding how to effectively respond to an H-1B Transfer RFE is crucial for a smooth transition to your new employer.
Below are key steps to guide you through this critical process.
- Immediate Acknowledgment: Promptly recognize the RFE to ensure timely compliance and prevent delays.
- Gather Required Documents: Collect pertinent documents, including current H-1B approval, a job offer from the new employer, and proof of qualifications.
- Consult an Immigration Attorney: Seek expert legal advice to understand the RFE nuances and craft a precise response.
- Submit a Thorough Response: Ensure the response is complete, addresses all points raised in the RFE, and is organized systematically.
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How to Avoid Receiving an H-1B Transfer RFE?
You can reduce the chance of an RFE by working together with your employer and a qualified attorney. An RFE can delay your petition and lead to its denial if not navigated carefully.
Petitioners can reduce the probability of receiving an RFE by doing the following:
Establish a Bona Fide Job Offer
As an H-1B petitioning employer, the burden of proof is on you to establish that the job is available at the time of filing the petition and that you will employ the beneficiary in the specialty occupation. In fact, you must attest to this under penalty of perjury. If your attestation and supporting evidence meet this standard, then you shouldn’t have to expect an RFE.
Provide Enough Supporting Documents
You should ensure that the H-1B petition is submitted along with all the necessary supporting evidence. The H-1B LCA, a copy of the written contracts between the employer and the employee, and all other relevant H-1B transfer documents must be included in the initial petition.
In the absence of a written contract, you should provide a summary of the terms of the oral agreements between the two of you. These are the crucial documents that will help the adjudicating officer determine whether or not there is a bona fide job offer.
Provide a Clear Summary of Duties
In the case of non-speculative specialty occupation work, you should include a summary of the specific employee’s duties in the petition. Having this included can help boost your chances of approval and reduce the risk of receiving an RFE.
H-1B Transfer RFE Frequently Asked Questions
Below you will find answers to the most commonly asked questions about this topic:
How long after I send my H-1B transfer RFE response will I receive a decision from USCIS?
Since the answer varies by case, we cannot specify a time period. However, allow up to 60 days for a response. After that time, you can contact the National Customer Service Center to request service. Your immigration attorney should also stay current with any developments regarding your status.
What is the difference between an RFE and NOID?
Unlike a NOID (notice of intent to deny), an RFE is merely a request from the USCIS seeking further explanation/ clarification for your case–it’s not immediate dismissal.
How long do I have to file a response?
The letter you receive from the USCIS accompanying the RFE should state the amount of time you have to respond. In general, it ranges anywhere from thirty to eighty-four days, although it may be more or less. As previously mentioned, be sure to submit a response before the deadline.
Can a beneficiary respond to an RFE?
An H-1B petition beneficiary (the employee) cannot directly respond to an RFE. It is the responsibility of the petitioner (the employer) to respond to the RFE. There is no provision for an H-1B worker to sign the petition. When an RFE is issued, it is sent directly to the petitioner, not the employee. As an employee, however, you can be aware of the RFE by following your petition case status via the USCIS Case Status Online webpage. With that, you can motivate the petitioning employer to respond on time.