Criminal Defense Lawyers

Queens H-1B Visa Lawyers

You’ve been sponsored for an H-1B visa. Maybe you’re waiting to hear if you were selected in the lottery. Maybe you already have H-1B status and your employer needs to file an extension. Or maybe you just received something in the mail that changes everything: a Request for Evidence from USCIS questioning whether your job actually qualifies as a specialty occupation.

Here’s what most H-1B resources don’t prepare you for: getting selected in the lottery isn’t the end of the process. It’s barely the beginning. USCIS can challenge your petition at any point, and in 2025, they’re doing exactly that with increasing frequency. RFE rates have jumped 23 percentage points compared to 2024. The days of easy approvals are over.

A Request for Evidence is USCIS essentially saying they don’t believe your case, and you have 60 days to prove them wrong. Miss that deadline or respond poorly, and your H-1B petition is denied. Your ability to work in the United States disappears. Your employer has to scramble to find a replacement. Everything you’ve built here could unravel because of one badly-handled government request.

This article is going to tell you what triggers RFEs, how to respond effectively, and what happens if things go wrong. Because understanding the risks of the H-1B process is just as important as understanding the benefits.

If you’re in Queens looking for an H-1B visa lawyer, find someone who knows how to fight when USCIS pushes back. The petition is just the first battle. The RFE is where cases are won or lost.

What Is a Specialty Occupation – And Why USCIS Keeps Challenging It

The entire H-1B visa category exists for “specialty occupations.” If your job dosnt qualify as a specialty occupation, you dont qualify for an H-1B. This is the foundation of every H-1B case, and its also the number one thing USCIS challenges.

A specialty occupation has a specific legal definition. It must require both the theoretical and practical application of a body of highly specialized knowlege, and a minimum of a bachelors degree (or its equivelent) in a specific or directly related field of study. Not just any bachelors degree – a degree in a field directly related to the job duties.

Heres where it gets complicated. USCIS uses the Occupational Outlook Handbook (OOH) published by the Bureau of Labor Statistics to evaluate whether positions qualify. If the OOH says your occupation typicaly requires only “some college” or accepts degrees from “various fields,” USCIS may challenge whether it qualifies as a specialty occupation at all.

The irony is that even legitamate specialty occupations get challenged. A software developer position thats clearly technical might recieve an RFE if the job posting said it accepts candidates with degrees in “computer science, engineering, or related fields.” That phrase “or related fields” is enough to make USCIS question whether a specific degree is actualy required.

This is why how your petition is written matters enormously. The job description, the degree requirements, the SOC code selected – every detail can either strengthen or undermine your case. A good H-1B lawyer knows how to present positions in ways that minimize RFE risk.

The RFE Epidemic – Why 2025 Is Different

Something changed in 2025. After years of relativly low RFE rates under the previous administration – denial rates dropped to just 2% at there lowest – the pendulum has swung back hard. RFE rates have increased 23 percentage points since 2024. The government is scrutinizing H-1B petitions more aggressivly then it has in years.

In fiscal year 2024, USCIS issued 33,393 RFEs across 407,625 completed H-1B petitions – about 8% overall. But initial employment petitions (new H-1B cases) faced a much higher 13% RFE rate. And the 2025 numbers are trending significently higher.

The types of challenges are also getting more agressive. Officers are heavily scrutinizing third-party placements – cases where an H-1B worker is placed at a client site rather then working directly for the sponsoring employer. There questioning degree equivalancy evaluations. There making it easier for officers to issue RFEs when they have any doubt about eligability.

What does this mean practicaly? If you filed an H-1B petition in 2023 and it sailed through without issues, dont assume the same will happen in 2025. The standards have changed. Cases that would have been approved automaticly before are now getting questioned.

This is not the time to cut corners on your H-1B petition. The more thorough your initial filing, the better your chances of avoiding an RFE entirely. And if you do recieve an RFE, how you respond determines whether you keep your status or lose everything.

Common RFE Triggers and How to Avoid Them

Understanding what triggers RFEs helps you avoid them in the first place. These are the most common issues that cause USCIS to question H-1B petitions:

Overly broad degree requirements. If your job posting or petition says the position accepts candidates with degrees in “engineering, science, business, or related fields,” thats a red flag. USCIS will argue that if such different fields all qualify, the position dosnt require a specific degree – which means its not a specialty occupation. Be specific about what degree is actualy required.

Wrong SOC code selection. The Standard Occupational Classification code you select on the Labor Condition Application matters. If you pick a code thats in O*NET Job Zone 3 or lower (positions that dont typicaly require a bachelors degree), your setting yourself up for an RFE. Choose codes in Job Zone 4 or higher when the position legitimately qualifies.

Job duties that are to general. “Develops software applications” isnt enough detail. USCIS wants to see specific, complex duties that demonstrate why this position requires specialized knowledge. Generic job descriptions that could apply to entry-level workers trigger challenges.

Third-party placement issues. If the H-1B worker will be placed at a client worksite rather then the petitioning employers own location, expect extra scrutiny. USCIS questions whether a genuine employer-employee relationship exists. You need strong documentation showing the petitioning employer maintains control over the workers duties and assignments.

Salary at Level 1 wage. If your paying the minimum prevailing wage (Level 1), USCIS may question whether the position is truly complex enough to be a specialty occupation. Entry-level wages suggest entry-level work – which shouldnt require a specialized degree. Higher wage levels reduce this risk.

How to Respond to an RFE Effectively

You’ve recieved an RFE. The clock is ticking. You have 60 days to respond – and that deadline is when USCIS must RECIEVE your response, not when you mail it. Mail something on day 58 and it arrives on day 63? Your petition is denied as abandoned.

A strong RFE response requires understanding exactly what USCIS is questioning and addressing it directly with evidence. Heres the framework:

Identify the specific issue. Read the RFE carefully. Is USCIS questioning whether the position is a specialty occupation? Whether you have the right qualifications? Whether the employer-employee relationship is genuine? Each requires a different response strategy.

Meet at least one regulatory criterion. For specialty occupation RFEs, you need to prove the position meets at least one of four regulatory criteria. The more criteria you can satisfy, the stronger your case. These include showing that a degree is the normal industry requirement, that the employer always requires a degree for this role, or that the duties are so complex that degree-level knowledge is necesary.

Use authoritative sources. The Department of Labor’s O*NET database and the Occupational Outlook Handbook are your friends. If these sources show your occupation typicaly requires a bachelors degree, cite them. Industry surveys, professional association standards, and job postings from similar employers can also support your case.

Consider an expert opinion letter. For positions where the specialty occupation requirement isnt obvious from government sources, an expert opinion letter from a professor or industry expert can help. The expert explains why this particular position requires the specific degree level and field.

Document everything thoroughly. Include organizational charts, detailed job descriptions, examples of the workers output, contracts showing the employment relationship, and anything else that supports your case. More evidence is generaly better then less.

The 60-Day Deadline Trap

This is critical and alot of people get caught by it: the RFE deadline is not a postmark deadline. Its a reciept deadline. USCIS must have your response in there hands by day 60, not just in the mail by day 60.

If you mail your response on day 55 via regular mail and it takes a week to arrive, your petition will be denied as abandoned. USCIS will not make exceptions for mailing delays. They will not accept late responses. The deadline is absolute.

Best practices for meeting the deadline:

Use express or priority mail with tracking. You need proof of when USCIS recieved your response. Regular mail without tracking leaves you vulnerable.

Build in buffer time. Dont wait until day 50 to start preparing your response. Complex RFEs require substantial documentation. Start gathering evidence imediately when you recieve the RFE.

Work with your attorney immediatly. If your waiting for your employer to respond, for documents to arrive, for experts to provide letters – every day counts. Communicate the urgency to everyone involved.

Missing this deadline is one of the most common and most preventable reasons H-1B petitions get denied. The substantive issues in the RFE might have been completely addressable, but if you miss the deadline, none of that matters. Denial is automatic.

What Happens If Your H-1B Is Denied

An H-1B denial has serious consequences. Your work authorization ends. You have to leave the United States unless you have another valid status. Your employer has to terminate you. The denial goes on your immigration record and can affect future applications.

Options after denial are limited:

Motion to Reopen or Reconsider. You can file a motion asking USCIS to reexamine the case. For a Motion to Reopen, you need to present new facts that werent available when the decision was made. For a Motion to Reconsider, you argue that USCIS made an error in applying the law or policy. Neither is guarenteed to succeed, and both take time.

Administrative Appeal. You can appeal to the Administrative Appeals Office (AAO). This is a lengthier process – appeals can take months or even years to resolve. During this time, your work authorization is generaly not valid unless you have some other status.

New Petition. In some cases, it makes more sense to file a completly new petition with a stronger case rather then appeal the denial. This requires going through the lottery again if your subject to the cap, which may not be possible depending on timing.

Alternative Status. If you qualify for another visa category – O-1 for individuals with extraordinary ability, L-1 for intracompany transferees, or others – this might be a viable alternative to the H-1B. A good immigration lawyer can assess your options.

The best strategy is preventing denial in the first place. A thorough initial petition and a strong RFE response if needed are much better then trying to recover after a denial.

The H-1B Lottery and Cap-Exempt Options

Before you can even worry about RFEs and denials, you have to get through the lottery. The annual H-1B cap limits regular positions to 65,000 visas, plus an additional 20,000 for workers with U.S. masters degrees or higher. With hundreds of thousands of registrations each year, selection is far from guarenteed.

If your not selected in the lottery, your options include:

Try again next year. You can reenter the lottery for the next fiscal year. Many people try multiple times before being selected.

Cap-exempt employers. Certain employers are not subject to the annual cap. These include universities, university-affiliated nonprofit organizations, nonprofit research organizations, and government research organizations. If you can find employment with a cap-exempt entity, you can get an H-1B without going through the lottery at all.

Maintain current status. If your currently in F-1 student status with OPT, or another valid status, you may be able to maintain that status while waiting for another lottery opportunity. Consult with an immigration attorney about your specific situation.

Explore other visa categories. The O-1 visa for individuals with extraordinary ability dosnt have an annual cap. Neither does the L-1 for intracompany transfers. Depending on your qualifications and employment situation, other options might be available.

Costs and Employer Requirements

H-1B visas involve significant costs and obligations – mostly for the employer, not the employee. Understanding these requirements helps you have realistic conversations with potential sponsors.

Filing fees. The base H-1B filing fee starts at $460 for Form I-129. Additional fees may include the ACWIA fee ($750-1,500 depending on employer size), the fraud prevention fee ($500), and the public law fee ($4,000 for certain large employers). Premium processing adds another $2,805 if you want faster adjudication. Total costs can easily exceed $5,000-10,000.

Prevailing wage requirement. Employers must pay H-1B workers at least the prevailing wage for the occupation in the geographic area, or the actual wage paid to similarly qualified workers – whichever is higher. This is determined through the Labor Condition Application filed with the Department of Labor.

No wage deductions for business expenses. Employers cannot deduct H-1B-related costs from the workers salary. The employee should not be paying for there own visa fees, attorney costs, or other sponsorship expenses.

Genuine employment relationship. The employer must maintain a genuine employer-employee relationship – meaning they have the right to control how, when, and where the work is performed. This is especialy scrutinized in third-party placement situations.

Duration. H-1B status is granted for up to 3 years initially, with the possibility of extending to a maximum of 6 years total. Extensions beyond 6 years are possible in certain circumstances, typicaly when a green card application is pending.

Finding the Right Queens H-1B Lawyer

Queens has a diverse community with many workers seeking H-1B visas across various industries. Finding the right legal representation matters.

H-1B specific experiance. Immigration law is broad. You want an attorney who handles H-1B cases regularly and stays current on changing policies. Ask how many H-1B petitions theyve filed in the past year and what there approval rate is.

RFE track record. Given the current RFE climate, ask specificaly about there experiance responding to RFEs. How many RFE responses have they handled? What is there success rate? An attorney who only files petitions but struggles with RFEs isnt the right choice in todays environment.

Industry knowledge. Some industries face more H-1B scrutiny then others. IT consulting and staffing companies face particular challenges. If your in a high-scrutiny industry, find an attorney who understands those specific issues.

Communication style. H-1B cases involve coordination between you, your employer, and the attorney. You need someone who communicates clearly, returns calls promptly, and keeps everyone informed about case status and deadlines.

Transparent pricing. Get the full cost breakdown upfront. What does there fee cover? Is RFE response included or extra? What about appeals if the case is denied? Avoid surprises by clarifying fee structure before you begin.

Taking Action on Your H-1B Case

Whether your preparing an initial H-1B petition, responding to an RFE, or trying to recover from a denial, the quality of your legal representation matters enormously in 2025’s challenging environment.

If you havent filed yet, invest in doing it right the first time. A thorough initial petition with a well-documented specialty occupation, appropriate SOC code, and strong employer-employee relationship evidence reduces your RFE risk substantially.

If you’ve recieved an RFE, treat it as the emergency it is. You have 60 days – and that clock started when the RFE was issued, not when you recieved it. Get your attorney involved imediately and start gathering evidence.

If your dealing with a denial, explore your options with an experienced attorney. Depending on your specific circumstances, motions, appeals, new petitions, or alternative visa categories may be available.

The H-1B process has never been simple, but 2025 has made it significently more challenging. Rising RFE rates, stricter scrutiny of specialty occupations, and more agressive questioning of employer-employee relationships mean that every case needs strong legal support.

Find a Queens H-1B lawyer who understands the current climate and knows how to fight when USCIS pushes back. Your ability to work in the United States depends on it. The petition is just the beginning – having someone in your corner when challenges arise is what determines whether you keep your status or lose it.

The RFE rates will likely continue rising. The scrutiny will likely continue intensifying. But with proper preparation, thorough documentation, and experienced legal guidance, H-1B approval is still achievable. Thousands of workers successfully navigate this process every year. You can be one of them – but only if you take the process seriously and get the right help from the start.