Understanding USCIS RFE Response Times for H-1B Petitions

Introduction:

When facing a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS), particularly for H-1B visas, it's essential to understand the response time framework and what to expect. This article delves into the specifics of how long you can expect to wait for a decision after responding to an RFE and provides practical insights based on experience and official guidelines.

Understanding RFE and Its Implications

The RFE process is a critical part of the visa application journey. When an RFE is issued, it indicates that additional information is required to process the petition. It's important to address the RFE promptly to avoid complications with your application.

The RFE Rate for H-1B Petitions

Over the past year, the RFE rate for H-1B petitions has seen a significant increase. This rise can be attributed to the increasing complexity of the applications and the stringent guidelines that USCIS employs during the review process. Handling an RFE effectively means gathering all necessary additional information and submitting a comprehensive response.

USCIS Guidelines on RFE Response Time

According to USCIS regulations, the maximum response time for an RFE is 12 weeks or 84 days. However, this timeframe includes additional mailing time for the RFE to reach the applicant and for the response to reach USCIS.

The standard mailing time established by regulation is three days (8 CFR 103.5a(b)). This means that if you receive an RFE after submitting your initial H-1B petition, you can expect a response within 81 days at the longest.

Practice and Experience

Based on my experience, response times for RFEs can vary depending on the specifics of your case. For premium processing cases, a response is usually given within a week. For regular cases, the response time is typically between one to two months. However, it's crucial to account for the additional mailing time.

Common Questions and Concerns

1. Will the USCIS give their decision within 60 days after receiving a specialty occupation RFE response on July 16th, 2018?

While the peak time for decision-making is within 60 days, the actual timeframe can vary. According to the 2013 memo, the maximum allowable response time for an RFE is 12 weeks or 84 days. Therefore, the response can be pending with their office for more than 60 days.

It's important to understand that the response time can fluctuate based on the complexity of your case and the workload of the USCIS office handling your application.

2. What can we expect if the response is pending for more than 60 days?

If your response is pending for more than 60 days, you should communicate with the USCIS office that issued the RFE. They can provide updates on the status of your application and any additional steps you may need to take.

3. What does the USCIS require before issuing an RFE?

Before issuing an RFE, the USCIS needs specific information that is deemed insufficient or missing from your initial petition. This may include information related to job duties, educational credentials, or previous employment experience.

Understanding what the USCIS requires can help you gather all necessary documentation upfront, reducing the likelihood of an RFE.

Conclusion

While the USCIS guidelines provide a framework with a maximum 12-week response time for RFEs, the actual response time can vary based on individual circumstances. By understanding the process and staying proactive, you can navigate the RFE process more effectively and ensure a timely resolution to your H-1B petition.

Resources and Further Reading

For in-depth information, consult the official USCIS website or contact an immigration lawyer who specializes in H-1B visas. Additionally, staying updated with the latest regulations and guidelines can provide valuable insights into how to manage your RFE response.