Navigating H1B RFEs with Expert Opinion Letters: A Strategic Guide for Immigration Success

Receiving a Request for Evidence (RFE) during the H1B visa process can be a stressful and time-sensitive experience, especially for employers and foreign professionals navigating U.S. immigration rules. One of the most effective tools to respond to an RFE, particularly for cases questioning job qualifications or the nature of the position, is an Expert Opinion Letter.

What Is an Expert Opinion Letter? An Expert Opinion Letter is a formal document written by a qualified subject matter expert—typically a professor, industry leader, or seasoned practitioner—that provides a professional assessment of:

1. Whether a job meets the definition of a specialty occupation.
2. Whether the foreign national's education and experience match the job requirements.
3. Clarification of job duties, titles, and industry standards.

These letters are used to strengthen visa petitions and are particularly effective in responding to RFEs. At AAE Evaluations, we specialize in USCIS-compliant Expert Opinion Letters tailored for H1B, EB1A, EB2-NIW, and more.

Common Reasons for H1B RFEs: An H1B RFE is a formal request by U.S. Citizenship and Immigration Services (USCIS) for additional evidence before making a decision on an H1B visa petition. It usually indicates that the information provided in the initial filing did not fully meet the eligibility criteria. Common reasons for H1B RFEs include:

1. Specialty Occupation Challenges: USCIS questions whether the position truly requires a bachelor’s degree or higher.
2. Wage Level Issues: The job is assigned a Level 1 wage, which may signal to USCIS that it's an entry-level role.
3. Educational Equivalency Concerns: The applicant’s degree or experience doesn’t align with the job requirements.
4. Employer-Employee Relationship Doubts: Especially common in third-party worksite placements.

When Is an Expert Letter Most Useful for H1B RFEs? An Expert Opinion Letter is most useful for H1B RFEs when:

1. The position is questioned as not meeting the definition of a specialty occupation. An expert can explain why a degree in a specific field is a standard industry requirement and how similar roles in the field typically require such qualifications.
2. The wage level is questioned as being too low (especially Level 1). An expert can clarify how the duties are more advanced than the wage level suggests or how even junior roles in a certain industry require a specialized degree.
3. The educational equivalency is questioned. An expert can analyze academic records and work history to confirm equivalency to a U.S. bachelor’s or master’s degree.
4. The employer-employee relationship is questioned, especially for IT professionals placed at third-party worksites. An expert can evaluate contracts and job roles to support this relationship.

In conclusion, an Expert Opinion Letter can be a valuable tool in responding to H1B RFEs, providing clarity and evidence to support your case and increase your chances of a successful outcome.