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Small Company H-1B Visa Petitions Scrutinized

Manhattan Buildings NYC 147053874USCIS is reportedly now scrutinizing H-1B visa petitions filed by small employers. The requests for further evidence on such H-1B petitions, or RFEs, typically request detailed evidence on issues such as the existence of the petitioning company itself, the “specialty” nature of the H-1B visa position (that is, whether the position requires someone with at least the equivalent of a bachelor’s degree in a particular field of expertise), and the petitioning company’s need for a full-time professional-level employee.

In addition, small company H-1B visa petition RFEs have typically been requesting information such as the percentage of time spent on each H-1B job duty; information on what clerical, or non-professional/administrative duties will be performed by the H-1B visa holder (unless such administrative duties are minimal, clerical duties would disqualify a job from being H-1B visa classifiable); and evidence of the personnel needs of other similar small employers (i.e., a demonstration that other similar small employers require an H-1B worker).

These RFEs on small company H-1B visa petitions appear to have been prompted by recent random audits conducted at H-1B visa employment sites by the Department of Homeland Security.

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