There are special requirements to qualify for an H1B Work Visa, and most people will not qualify. One of the key functions of the application and RFE processes is to determine if the company needs the worker. When an auto shop, for example, is petitioning for a foreign worker to fill an accountant position, they will most likely need to qualify their need for this specific person's services. H1B applications will always receive result within 15 calendar days if filed with premium processing. Chances of H1B Approval after Lottery 2020-21, Denial, RFE Steps. If you're in the middle of submitting an H1B visa application, you may receive an H1B RFE in the mail from USCIS. There are three steps to file your H1B Visa petition. There is no need to rush when responding to an RFE. Attorney can also log on to USCIS registration site and see the lottery result. Update 1 Apr 2020: Many people are worried as their status is still showing “Submitted”. USCIS status: June 1 Onward – H1B regular application approvals. #3 Lottery can happen multiple times on demand basis until all 85000 spots can be filled by USCIS. Don't be surprised if you're asked to provide information not covered in this list. If you work in a remote location, or if there's another question about your relationship with your employer, USCIS may request additional evidence that working for your employer meets certain criteria. Steps after H1B Lottery approval, denial or RFE. USCIS status: June 4 Onward – H1B regular application RFEs (If any). Or, for example, when a construction company petitions for the services of a financial planner, the USCIS will likely make a similar request. Professional experience and relevant education. Do not worry. If the relation isn't readily apparent, the USCIS will likely require you to provide evidence that the beneficiary's degree is relevant to the job they're being offered. H1B Visa Process and Steps to File the Petition. Once you see the H1B receipt status as “Case was approved” on USCIS website, your employer will receive an approval from USCIS called i797A within 7-21 days. You should get a NEW i94 with status mentioned as ‘H1B’ and a new i94 validity date. An attorney can make this process much easier and raise your chances of successfully applying for an H1B visa. The Validation Instrument for Business Enterprise, also known as the VIBE, is a system that the USCIS uses to validate information provided in an H1B classification filing. A good immigration attorney has the expertise in H1B RFEs to help you navigate the process successfully. You can start working on Oct 1 if your H1B application has been approved after lottery selection. Contact Us, Chances of H1B Rejection After Lottery Selection, Travel while H1B is Pending After Lottery Selection, US Masters Degree – 2 chances of Lottery Selection, Issues with Indian Passport renewal via VFS Global, Online passport application in Portrait Format, answers here as USCIS announced that status will keep showing “Submitted”, Coronavirus recession may affect the number of H1B applications, H1B documents to apply for visa stamp in US embassy, travel while your H1B application is pending approval, difference between Consular Processing and Change of Status, IT Consulting In-house projects – RFE chance 90%, Approval chance less than 25%, IT consulting end client project ends before approval – RFE chance 50%, approval chance good if new client letter available – 80%, Full time job US employer – 98% chance of approval, Apr 15 to June 4 – Expect H1B premium lottery selection Email. You need H1B i797A form in original along with other supporting H1B documents to apply for visa stamp in US embassy. Your business has recently undergone a structural change. Beneficiary Qualifications. These are very complex issues and, without help from a professional with the kind of knowledge and experience to work through them successfully, you're likely not going to get the kind of results you would like. If you need help with an H1B RFE, you can post your legal need on UpCounsel's marketplace. The chances of H1B approval or denial after lottery selection vary by your employer and the documents submitted. The adjudicating officer will make their decision based on additional criteria, such as: The USCIS may also request additional information including: There are certain qualifications that USCIS looks for in H1B petitioners. Premium does not increase denial chances either. Once RFE documents are submitted, the average RFE response time is 90+ days for regular applications. But, you would need a valid US visa (other than H1B) to re-enter USA. H1B regular applications selected in lottery can take between 3 months to 1 year for approvals. Request for Evidence is normal with Specialty occupation as the topmost reason of RFE. USCIS gives 60 days to respond to RFE. Hire the top business lawyers and save up to 60% on legal fees. To qualify for the specialty occupation requirement, a worker must have completed a level of higher education and be the only person who can effectively do the job in question because of that higher education credential.