09/01/2026
🛂 **Common H-1B Mistakes That Can Trigger an RFE**
An H-1B Request for Evidence (RFE) doesn’t automatically mean a case will be denied — but it can delay the process and require additional documentation. 📄⚠️
Some common issues that can lead to additional scrutiny include:
🔹 **Unclear specialty occupation requirements**
The petition should clearly establish why the position requires specialized knowledge and a specific type of degree.
🔹 **Weak employer–employee relationship documentation**
USCIS may request additional evidence showing how the employer will supervise, control, and manage the beneficiary’s work.
🔹 **Insufficient evidence of the beneficiary’s qualifications**
Degrees, evaluations, licenses, and experience should clearly demonstrate that the beneficiary meets the requirements of the position.
🔹 **Inconsistencies across the petition**
Job titles, duties, work locations, salary information, and supporting documents should tell a consistent story.
🔹 **Incomplete documentation for third-party worksites**
When applicable, USCIS may want additional evidence regarding the beneficiary’s assignment and the nature of the work being performed.
💡 **The takeaway:** A strong H-1B petition isn’t just about submitting the required forms. The supporting evidence should clearly connect the employer, the position, and the beneficiary’s qualifications.
Preparing those details carefully from the beginning can help reduce unnecessary questions and delays.
⚖️ Weinstock Immigration Lawyers helps employers and professionals navigate H-1B petitions and complex U.S. immigration matters.
