The Letter That Arrives Before an Answer: Understanding the H-1B RFE

Imagine a software engineer, let’s call him Arjun, who has worked in the United States on an H-1B visa for several years. His employer files a new H-1B petition to extend his status. The attorney prepares the standard documentation. The petition is filed. And six weeks later, instead of an approval, a thick envelope arrives from USCIS.

It is a Request for Evidence. Twelve pages. Questions about specialty occupation. Questions about his three-year Indian engineering degree. A deadline of 87 days.

Arjun’s situation is not unusual. It is, in fact, one of the most common experiences in U.S. immigration today. Understanding what an RFE is and why it happens is the first step toward navigating one effectively.

What an RFE Is, and What It Is Not

A Request for Evidence is a formal notice from U.S. Citizenship and Immigration Services indicating that a petition cannot be approved based on the documentation currently in the record. It is a pause, not a stop sign. USCIS is saying: we need more information to make this decision.

What it is not: a denial. The petition is still active. The deadline to respond is firm, typically 87 days and the response is the petitioner’s opportunity to address every concern the officer has identified.

The outcome is not predetermined. Petitions that receive RFEs are approved every day, when the response is thorough, specific, and directly tied to what USCIS asked for.

Why Arjun’s Petition Received an RFE

In Arjun’s case, the RFE raised two specific issues. First, USCIS questioned whether his role as a software developer genuinely qualified as a specialty occupation, given that his employer’s job description was broad enough to encompass both specialized and generalist work. Second, it questioned whether his three-year Bachelor of Engineering from an Indian university was equivalent to a U.S. bachelor’s degree.

Both of these are among the most common H-1B RFE triggers. And both are commonly addressed with specific types of evidence by the petitioner.

The Specialty Occupation Question

USCIS defines a specialty occupation as one that requires a theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree , or its equivalent in a specific specialty. The key word is ‘specific.’ A job that could theoretically be done by someone with any of several different degrees may not qualify.

The response often includes a detailed, duty-specific position description, evidence of industry hiring norms, O*NET occupational data, and sometimes an expert opinion letter from a senior professional or academic who can speak to what the field actually requires.

The Foreign Degree Question

A three-year foreign degree does not automatically satisfy the U.S. bachelor’s degree requirement, even when it is the standard undergraduate credential in its country of origin. USCIS requires a formal evaluation is commonly used to establishing equivalency, typically from a NACES-member credential evaluation agency.

When the evaluation establishes equivalency to a U.S. bachelor’s degree (often supported by a postgraduate diploma or work experience), an expert opinion letter can further contextualize why that equivalency satisfies the specialty occupation’s educational requirement.

The Documents That Make a Difference

Not all evidence is equally relevant in an RFE response. The documents that are often most relevant are those that are specific, credible, and analytically grounded.

For specialty occupation RFEs: detailed position descriptions with specific duties mapped to educational requirements; O*NET data showing that the occupation typically requires a specific degree; expert opinion letters from qualified professionals in the field.

For degree equivalency RFEs: NACES-member credential evaluations; course descriptions showing the rigor and specialization of the program; expert opinion letters interpreting the equivalency in the context of the specialty occupation.

For experience-in-lieu-of-degree arguments: employment verification letters with duty descriptions; evidence of progressive responsibility; expert opinion letters from someone qualified to assess whether the experience meets the equivalency standard.

What Arjun’s Petition Needed

In the end, Arjun’s attorney obtained a formal credential evaluation from a NACES-member agency that confirmed his three-year B.E. plus two years of relevant postgraduate experience was equivalent to a U.S. bachelor’s degree in computer science. An expert opinion letter from a university professor in computer engineering confirmed that the specific duties in his role required exactly the kind of specialized knowledge his educational and professional background provided.

The response also included a revised position description that explicitly connected each core duty to a specific area of specialized technical knowledge, with O*NET data supporting the educational norms for the occupation.

The petition was probably approved.

The Lesson

H-1B RFEs often follow recurring patterns. Broad job descriptions, foreign degrees, experience-based equivalency claims, and third-party placement arrangements are the most common triggers, and many of them can be addressed with the right documentation.

The most effective responses are not the most voluminous ones. They are the most specific ones: evidence that directly answers what the officer asked, organized clearly, and anchored in credible professional sources.

If you are preparing an H-1B petition or navigating an RFE, Career Consultant International provides credential evaluations and expert opinion letters designed specifically for this context. Their RFE support services are available at thedegreepeople.com/rfe-denials-support.

A confidential review before filing or as soon as an RFE arrives can identify the specific gaps that need to be addressed and the most defensible way to address them.

About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Their expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today.