H-1B RFE Response Help in Fullerton: Expert Request for Evidence Guidance

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Fullerton is home to a diverse professional workforce, including many H-1B visa holders working in technology, engineering, healthcare, education, and business sectors across Northern Orange County. Cal State Fullerton and nearby companies employ significant numbers of international workers, and the city's Arab professional community includes engineers, IT specialists, researchers, and healthcare workers who depend on H-1B status for their careers and families. Receiving a Request for Evidence (RFE) from USCIS is one of the most stressful events in an H-1B worker's immigration journey — but with the right response strategy, most RFEs result in approval. SoCal Immigration Services provides dedicated RFE response services for H-1B workers and employers throughout Fullerton and Orange County.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

What Is a Request for Evidence (RFE)?

A Request for Evidence is a written notice from USCIS asking the petitioner (employer) to provide additional documentation or information to support an H-1B petition. An RFE does not mean the petition is denied — it means the adjudicating officer needs more evidence before making a decision. However, failing to respond to an RFE or submitting an inadequate response leads to denial. USCIS issues RFEs at any stage of the H-1B process: initial petitions, extensions, amendments, and transfers. The standard response deadline is 84 calendar days from the date on the RFE notice, though some RFEs may specify shorter deadlines.

•An RFE is a request for additional evidence — not a denial or final decision on the petition
•The petitioner (employer) is the recipient and must coordinate the response, though the beneficiary (H-1B worker) provides most of the evidence
•Standard response deadline is 84 calendar days from the RFE notice date — missing this deadline results in denial
•RFEs can address one issue or multiple issues in the same notice — every issue must be addressed
•Partial responses that only address some issues result in denial on the unaddressed points
•USCIS adjudicates the entire petition after receiving the RFE response, considering all evidence in the record

Common H-1B RFE Reasons

USCIS issues H-1B RFEs for several recurring reasons. Understanding the specific issues raised in your RFE is the first step toward building an effective response. The following are the most common RFE categories for H-1B petitions in 2026.

RFE Category	Frequency	Key Issue
Specialty Occupation	Very Common	Position does not require a minimum of a bachelor's degree in a specific specialty
Employer-Employee Relationship	Common	Insufficient evidence of the employer's right to control the beneficiary's work
Beneficiary Qualifications	Common	Degree or experience does not match the specialty occupation requirements
Worksite/Itinerary	Moderate	Third-party worksite, client letters, or travel itinerary not sufficiently documented
LCA/Wage Level	Moderate	Labor Condition Application wage level does not match the complexity of duties described
Maintenance of Status	Less Common	Gaps in the beneficiary's immigration status history
Business Legitimacy	Less Common	New or small employer has insufficient evidence of ability to pay or legitimate business operations

Specialty Occupation Evidence

The specialty occupation RFE is the most common and often the most challenging to overcome. USCIS requires evidence that the H-1B position is a specialty occupation — meaning it requires the theoretical and practical application of a body of highly specialized knowledge and a minimum of a bachelor's degree (or equivalent) in a specific specialty directly related to the position. To establish specialty occupation status, the petitioner must satisfy at least one of four regulatory criteria.

•Criterion 1: A bachelor's degree or higher in a specific specialty is normally the minimum requirement for entry into the position in the industry
•Criterion 2: The degree requirement is common to the industry in parallel positions among similar organizations, or the position is so complex or unique that it can only be performed by an individual with a degree in a specific specialty
•Criterion 3: The employer normally requires a degree or its equivalent for the position
•Criterion 4: The nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor's or higher degree
•Evidence to support specialty occupation includes: Department of Labor Occupational Outlook Handbook entries, expert opinion letters, industry surveys, job postings from similar companies requiring the same degree, organizational charts, and detailed descriptions of daily duties and projects
•The position title alone does not determine specialty occupation status — USCIS evaluates the actual duties, complexity, and degree requirements
•Positions with broad degree acceptance (any bachelor's degree) are more vulnerable to RFEs — the degree must be in a specific, directly related field

Employer-Employee Relationship Evidence

USCIS requires evidence that a valid employer-employee relationship exists, giving the petitioning employer the right to hire, pay, fire, supervise, and otherwise control the work of the H-1B beneficiary. This RFE is particularly common when the beneficiary works at a third-party client site, for staffing companies, or in consulting arrangements. The response must establish that the petitioner — not the end client — maintains authority over the beneficiary's work.

•Detailed description of the employer's day-to-day supervision of the beneficiary, including reporting structure, performance evaluations, and work assignments
•Organizational chart showing the beneficiary's position within the employer's hierarchy, with names and titles of supervisors
•Copy of the employment agreement or offer letter specifying salary, benefits, duties, and the employer's right to terminate
•Client contracts or statements of work showing the employer (not the client) directs the beneficiary's work product and methodology
•End-client letters confirming the work arrangement, project duration, and the nature of work to be performed
•Payroll records, W-2 forms, and pay stubs demonstrating the employer pays the beneficiary directly
•Evidence that the employer provides tools, equipment, workspace, or training to the beneficiary
•Performance review documents showing the employer evaluates the beneficiary's work quality and progress

Building an Effective RFE Response Strategy

A successful RFE response requires a systematic approach that addresses every issue raised by USCIS with specific, targeted evidence and clear legal arguments. SoCal Immigration Services follows a proven response methodology that maximizes approval outcomes.

1
Analyze the RFE Notice
Carefully read every paragraph of the RFE to identify each specific issue raised. USCIS often references regulatory citations, prior case law, or specific deficiencies in the original filing. Each issue requires a separate, targeted response.
2
Develop the Evidence Strategy
For each issue identified, determine what evidence is needed and available. Prioritize the strongest evidence and identify any gaps that need to be filled through new documentation, expert opinions, or supplemental declarations.
3
Gather Documentation
Collect all supporting evidence including employer documents, beneficiary credentials, client contracts, expert letters, industry data, and any other materials that address the RFE issues. Obtain certified translations of foreign-language documents.
4
Obtain Expert Opinion Letters
Engage qualified experts — typically professors or industry professionals — to provide opinion letters addressing specialty occupation requirements, degree equivalency, or the complexity of job duties. Expert letters carry significant weight with USCIS adjudicators.
5
Draft the Response Brief
Prepare a comprehensive legal brief that addresses each RFE issue point-by-point, citing applicable regulations, USCIS policy guidance, and Administrative Appeals Office (AAO) precedent decisions. Reference specific evidence exhibits for each argument.
6
Organize and Index Evidence
Compile all evidence into a clearly organized, tabbed, and indexed package. Each exhibit should be labeled and referenced in the response brief. A well-organized submission demonstrates professionalism and makes it easier for the adjudicator to find relevant evidence.
7
Quality Review and Filing
Review the complete response package for accuracy, completeness, and persuasiveness. Verify all deadlines, ensure proper filing format, and submit the response to USCIS before the deadline with tracking confirmation.

RFE Response Timeline

Time management is critical for RFE responses. The 84-day deadline leaves limited time for evidence gathering, expert letter procurement, and legal brief preparation. The following timeline represents a recommended approach for a standard RFE response.

Phase	Timeline	Key Activities
Initial Analysis	Days 1-3	Review RFE, identify issues, notify beneficiary and employer
Strategy Development	Days 3-7	Develop response plan, identify evidence needs, engage experts
Evidence Gathering	Days 7-35	Collect employer documents, beneficiary records, client letters, industry data
Expert Letter Procurement	Days 14-45	Identify experts, provide background materials, obtain signed letters
Response Brief Drafting	Days 35-60	Write legal brief addressing each issue with evidence references
Quality Review	Days 60-70	Review complete package, verify accuracy, make revisions
Final Assembly and Filing	Days 70-80	Organize exhibits, print and assemble, file with USCIS
Buffer Period	Days 80-84	Contingency for unexpected delays or last-minute evidence

Why Choose SoCal Immigration Services in Fullerton

SoCal Immigration Services provides specialized H-1B RFE response services for workers and employers throughout Fullerton and Orange County. Our team has deep experience with the specific RFE issues raised by USCIS adjudicators at the California Service Center and Vermont Service Center, and we maintain updated knowledge of current USCIS policy guidance, AAO precedent decisions, and federal court rulings that affect H-1B adjudication.

•Proven track record of successful RFE responses resulting in H-1B approval across specialty occupation, employer-employee, and beneficiary qualification issues
•Deep expertise with specialty occupation analysis for IT, engineering, healthcare, business, and education positions
•Strong relationships with academic experts who provide high-quality opinion letters for RFE responses
•Bilingual English-Arabic services for Arab H-1B professionals and their employers in Fullerton and Northern Orange County
•Comprehensive response packages with detailed legal briefs, organized evidence exhibits, and expert opinions
•Urgent and expedited RFE response services for petitions approaching the 84-day deadline
•Post-RFE strategy consultation for employers who want to strengthen future H-1B filings to prevent RFEs

Contact SoCal Immigration Services

Call (714) 421-8872 immediately upon receiving an H-1B RFE. Early action maximizes the time available for evidence gathering and response preparation. Our Fullerton-area team reviews your RFE, develops a targeted response strategy, and builds a comprehensive evidence package designed to result in approval. We offer in-person and virtual consultations for H-1B workers and employers throughout Fullerton, Anaheim, Brea, Placentia, and Orange County.

FAQFrequently Asked Questions

Q:How long do I have to respond to an H-1B RFE?

A: The standard deadline is 84 calendar days from the date on the RFE notice — not from the date you receive it. Because mail delivery can take several days, you may have fewer than 84 days to prepare the response. Contact an attorney immediately upon receiving the RFE to maximize preparation time. Missing the deadline results in automatic denial of the petition.

Q:Does receiving an RFE mean my H-1B will be denied?

A: No. An RFE is a request for additional information, not a denial. Many H-1B petitions that receive RFEs are ultimately approved after a thorough response is submitted. The outcome depends on the strength and completeness of the response. Statistics show that well-prepared RFE responses result in approval in the majority of cases.

Q:Can I continue working while the RFE is pending?

A: If you are currently in valid H-1B status (for extensions or amendments), you continue working while the RFE response is pending. If the RFE is for a new H-1B petition and you have not yet started working for the petitioning employer, you cannot begin work until the petition is approved. Your current employer's H-1B authorization remains valid regardless of pending RFEs from other employers.

Q:Who is responsible for responding to the RFE — the employer or the employee?

A: The employer (petitioner) is the official respondent and must sign and file the RFE response. However, the employee (beneficiary) typically provides much of the evidence, including educational credentials, work experience documentation, and personal declarations. Both parties must cooperate closely to prepare an effective response.

Q:What if my employer refuses to respond to the RFE?

A: If your employer refuses to respond, the H-1B petition will be denied. You should discuss the importance of the response with your employer and offer to help gather evidence. If your employer is uncooperative, consider whether an H-1B transfer to a new employer is a viable option. Consult with an immigration attorney about your options for maintaining valid status.

Q:Can I submit additional evidence after the RFE response deadline?

A: No. USCIS does not accept evidence submitted after the RFE response deadline. All evidence must be included in the initial response package. This is why thorough preparation within the 84-day window is essential. If the petition is denied after the RFE response, you may file a motion to reopen or reconsider, or file a new petition with stronger evidence.

Q:How much does professional RFE response preparation cost?

A: Attorney fees for H-1B RFE response preparation typically range from $2,000 to $5,000 depending on the complexity of the issues, the number of issues raised, and the amount of evidence needed. Expert opinion letters typically cost $1,500 to $3,000 each. The investment in professional preparation significantly increases the likelihood of approval compared to self-prepared responses.

Disclaimer: This article provides general information about immigration services in Fullerton and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 22, 2026Last Updated: February 22, 2026

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