§H-1B RFE Response Attorney
H-1B RFE Response Attorney New York
Quick answer
A Request for Evidence is not a denial: USCIS is asking for specific proof on a named issue, most often specialty occupation, the beneficiary's degree, the employer-employee relationship, or the wage level. The response deadline is printed on the RFE notice and cannot be extended; USCIS decides on the record it has if nothing arrives by then. The reply should answer the exact ground raised, with a legal brief and documents, sent to the service center that issued the notice. Mandi Law Group handles these cases from its Latham, NY office — the firm's only office, minutes from the USCIS Albany Field Office and open to walk-ins Monday to Friday, 9:00 to 18:00 ET — and by phone or video anywhere in New York.
H-1B RFE response attorney in New York. Expert responses to USCIS requests for evidence for specialty occupation, degree equivalency, and employer-employee relationship issues. Call (518) 698-0347.
22 Century Hill Dr #101, Latham, NY 12110
- Local Office
- Latham
- Clients Served
- Capital Region
- Case Communication
- Fast
- Immigration Team
- Experienced
ATTORNEY ADVERTISING. This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.
01About This Latham Service
Expert H-1B RFE Responses That Get Results
A USCIS Request for Evidence is one of the most stressful events in the H-1B process — and one of the most consequential. The four most common RFE issues are specialty occupation (whether the role requires a specific bachelor's degree), degree equivalency (whether the beneficiary's academic credentials align with the position), employer-employee relationship (particularly in staffing and consulting arrangements), and wage level appropriateness. Each of these requires a different evidentiary strategy and legal argument. A response that merely submits more documents without a compelling legal brief rarely succeeds — what USCIS needs is a structured, well-argued response that directly addresses every concern the officer raised.
Timing is non-negotiable in RFE responses. USCIS typically allows 84 days to respond, and the deadline is absolute — a single late submission results in automatic denial regardless of the merits of your case. That deadline window shrinks quickly once you account for gathering employer documentation, obtaining third-party client letters, ordering credential evaluations, and drafting the legal brief. Clients who contact us immediately upon receiving an RFE have the strongest outcomes because we can allocate sufficient time for thorough evidence development. Do not wait until two weeks before the deadline to seek help.
Our approach to H-1B RFE responses combines detailed legal analysis with a focused evidentiary record. We begin by parsing the RFE notice to identify every issue raised and map out the precise evidence and arguments needed to resolve each one. For specialty occupation RFEs, we build industry wage survey evidence, occupational databases, and expert opinion to establish that the role meets the regulatory standard. For employer-employee relationship issues in consulting arrangements, we coordinate with end clients to obtain site letters and project documentation that demonstrates supervisory control. Every response we file is built to withstand further USCIS scrutiny.
Ask an immigration lawyer
Confidential. We reply within one business day.
02Key points
H-1B RFE Response Legal Services
- Specialty occupation arguments and industry evidence
- Degree equivalency analysis and credential evaluation coordination
- Employer-employee relationship documentation strategy
- End-client site letters and project evidence for consulting roles
- Wage level challenge responses with DOL survey analysis
- NOID responses and denial appeal strategy
03Questions clients ask
Latham Service FAQs
What triggers an H-1B Request for Evidence (RFE)?
USCIS issues an H-1B RFE when an officer determines that the petition does not contain sufficient evidence to approve the benefit as filed. The most common triggers include questions about whether the position qualifies as a specialty occupation requiring at least a bachelor's degree in a specific field, whether the petitioner has demonstrated a legitimate employer-employee relationship (particularly in staffing and consulting arrangements), whether the beneficiary's degree is in a directly related field, and whether the prevailing wage level is appropriate for the complexity of duties described. RFEs have increased significantly in recent years as USCIS applies closer scrutiny to IT consulting, staffing companies, and roles with generalized or broadly defined duties.
How long do I have to respond to an H-1B RFE?
USCIS typically provides 84 days (approximately 12 weeks) to respond to an H-1B RFE, though some RFEs may carry shorter deadlines depending on the type of issue raised. The deadline is firm — submitting a response even one day late results in automatic denial of the petition. The response must be submitted to the correct USCIS service center that issued the RFE, along with the original RFE notice. Given the volume of evidence that must be compiled, organized, and presented in a persuasive legal brief, it is strongly advisable to engage an immigration attorney as soon as you receive the RFE, rather than waiting until close to the deadline.
What happens if my H-1B RFE response is denied?
If USCIS finds the RFE response insufficient, it may issue a Notice of Intent to Deny (NOID), giving the petitioner one final opportunity to address remaining concerns, or it may issue an outright denial. A denial means the H-1B petition is rejected and the beneficiary may not be authorized to work or remain in H-1B status. Depending on the circumstances, the employer may refile a new H-1B petition, pursue an appeal before the USCIS Administrative Appeals Office (AAO), or seek federal court review. Each path carries different timelines and risks, and the best course depends heavily on the specific grounds cited in the denial. Our attorneys analyze denial notices carefully to identify the strongest avenue for relief.
Can I continue working while my H-1B RFE is pending?
If the RFE was issued for an initial H-1B petition where you have not yet begun employment, you generally cannot start working until the petition is approved. However, if the RFE was issued for a timely-filed H-1B extension or transfer petition, cap-gap provisions or authorized continued employment rules may allow you to continue working while the response is under review. The specific rules depend on your visa status, the type of petition involved, and your current I-94 expiration date. An attorney should review your specific facts to advise whether continued employment is authorized during the RFE pendency period, as unauthorized work carries serious consequences.
What are the most common H-1B RFE types in 2025 and 2026?
The most frequently issued H-1B RFEs in 2025 and 2026 continue to focus on four main issues: (1) specialty occupation — USCIS questions whether the role always, normally, or customarily requires a specific bachelor's degree; (2) employer-employee relationship — particularly for staffing, consulting, and third-party placement scenarios where USCIS questions who controls the H-1B worker's day-to-day duties; (3) degree equivalency — where the beneficiary's degree is not directly in the field required by the position and must be established through a combination of education and experience; and (4) wage level — where USCIS questions whether a Level I or II wage is consistent with a complex specialty occupation. RFEs involving IT roles at third-party client sites and generalist business roles remain disproportionately high.
How much does it cost to respond to an H-1B RFE?
The cost of an H-1B RFE response depends on the complexity and scope of the issues raised. A focused RFE addressing a single documentation gap is generally less involved than a comprehensive RFE challenging specialty occupation, the employer-employee relationship, and wage level simultaneously. Attorney fees for RFE responses typically reflect the drafting of a detailed legal brief, compilation and organization of supporting evidence, and coordination with the employer and any end clients for third-party documentation. At Mandi Law Group, we provide transparent fee structures and a thorough assessment of your RFE before engagement so you understand the work involved and the strategy we will pursue.
What to Expect From a Confidential Consultation
Reaching out doesn't commit you to anything. Here is exactly what happens when you contact Mandi Law Group.
Step 1: Call or send the form
Reach out by phone or through our contact form. Your first conversation is confidential, with no obligation to hire us.
Step 2: Case review with an attorney
Bring your documents and any notices you've received. We review your situation and explain your options in plain language.
Step 3: Clear fee quote in writing
You'll get a written fee quote before any work begins. Many matters are billed as a flat fee, and payment plans are available.
Step 4: We start work right away
Once you decide to move forward and sign a retainer agreement, we begin working on your case immediately.
§Talk to us
Received an H-1B RFE?
Time-sensitive RFE responses require experienced attorneys. We build strong, evidence-backed responses to protect your H-1B status.
Disclaimer: This content is for informational purposes and not legal advice. Immigration law is fact specific and outcome dependent. Consult a licensed attorney about your individual situation.