Expert Opinion Letter for H1B

When you receive a Request for Evidence (RFE) letter from USCIS, what do you need to do? You may need to submit an expert opinion letter.

A Request for Evidence (RFE) letter is not a denial. It doesn’t necessarily mean that your USCIS petition is denied. It can be taken as positive news that USCIS is considering your petition carefully, and thus require more information about it.

What is an expert opinion letter?
An expert opinion letter for USCIS could either be one of two things:

  • A letter or an affidavit from firms or individuals in the industry that attest that similar organizations routinely employ and recruit only degreed individuals in a specific specialty.
  • A letter from an industry-related professional association indicating that they have made a bachelor’s degree or higher in a specific specialty a requirement for entry into the field

Most common reasons for USCIS to send an RFE letter:

  • Evidence Pertaining to the Proffered Position
  • Evidence Pertaining to Completion of a Bachelor’s or Higher Degree in a Specific Speciality
  • Evidence Pertaining to the Beneficiary’s Status
  • Evidence Pertaining to F-1 Academic Student Status (or School Accreditation)
  • Evidence Pertaining to the Petitioner
  • Evidence Pertaining to the Employer-Employee Relationship
  • Evidence Pertaining to the Labor Condition Application


Specific Request for Evidence (RFE) Cases for H-1B, H-1B Transfer, and L-1 Petitions With USCIS:

  • H1B Specialty Occupation (Positional Requirements)
  • Benificiary Qualifications
  • Wage Level LCA (Labor Condition Application) Requirement
  • Availability of Work
  • Right to Control (In-House Employment or Otherwise)
  • Itinerary of Employment and Work Site Information
  • General Requests
  • Requests for Translations

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