H-1B: What You Need to Know About Requests for Evidence

Charles Kuck Uncategorized Leave a Comment

ATLANTA, Georgia. Reports indicate that U.S. Citizenship and Immigration Services are making more Requests for Evidence for H-1B applicants and that it is possible that more H-1B applications are being denied. While the Request for Evidence doesn’t necessarily mean that your application will be denied, applicants must take these requests seriously and provide documentation before the deadline. If you fail to provide requested documentation before the deadline, your application could be denied, or USCIS might process your application only with the information you provided, which could lead to the denial of your application. If you are facing a Request for Evidence, it may be wise to speak to the H-1B lawyers in Atlanta, Georgia at Kuck Baxter Immigration. Our attorneys can review the request for evidence, help you gather the requested documentation, and help you present the strongest case possible. In some cases a Request for Evidence simply fills in gaps in your application, while in other cases the request might suggest that officers have found problems with your application. An attorney can help you evaluate the request and determine the best course forward.

Additionally, replying to a Request for Evidence doesn’t necessarily mean that you’re done after you comply. According to the New York Times, some individuals may receive more than one Request for Evidence. In 2016, 87% of H-1B applicants selected from the lottery were granted the visa. However, in 2017, the Times reports that Requests for Evidence have increased by 44%. While this may not necessarily indicate lower rates of acceptance, it certainly indicates that applicants are under more intense scrutiny. Even highly qualified applicants are facing denials. One woman from China wrote that despite her Stanford degree and despite letters of support from experts in Artificial Intelligence and Nobel Prize winners, she was still denied her H-1B. Given the closer scrutiny that H-1B applicants are facing, it is important to seek qualified legal assistance from an immigration lawyer like Kuck Baxter Immigration in Atlanta, Georgia who can help you present the strongest case possible. If highly-qualified applicants are facing challenges, all applicants need to be cautious when submitting information and applications.

Having a complete and thorough application is now more important than ever. According to USCIS, immigration officers now have the authority to deny incomplete applications. This increased authority means that providing a complete application is incredibly important to avoid being denied. While officers should only deny applications where there is “no possibility” of approval, when one person is responsible for your fate, it becomes clear that having the right and complete documentation is incredibly important.

If you are considering applying for an H-1B or if your application has won the H-1B lottery and now you are in the next steps, you may want to speak to an immigration lawyer to help you navigate the process. A lawyer can help you avoid denials based on technicalities.


Kuck Baxter Immigration Partners, L.L.C.
365 Northridge Road
Suite 300
Atlanta, GA 30350
325 N Milledge Avenue
Athens, GA 30606
(by appointment only)

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Charles Kuck

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