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RFEs And Anxious Clients
July 21, 2010

This year, immigration practitioners have seen a multi-fold increase in the number of Requests for Evidence (RFEs) issued by the USCIS on H-1B petitions.  Though the general feeling is that the RFEs are issued on cases filed by “start-up” companies or companies that were comparatively younger, the experience of this writer is different.

We have received RFEs on cases filed by well-established companies with gross and net income levels in millions of dollars and employees numbering hundreds.

Also, we have received multiple RFEs on same case!  In one instance where an RFE was answered, we received another RFE for the same kind of information/documents, but apparently written by another adjudicator because the style was different (or was it cut and pasted from a different RFE?).

In another instance, we received a second RFE on a case saying that the USCIS “forgot” to ask some questions the first time!

Our ever-anxious clients ask us how much evidence is sufficient.  Our answer is “as much as you can give” because we believe USCIS will “weigh” all the evidence presented (no pun intended!).

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