H1B FY 2010 : Few Applicants are Receiving RFE

Many H1B applicants for fiscal year 2010 are receiving request for evidence (RFE). Most of the reported RFEs are regarding the use of old I-129 form (Petition for Non-Immigrant Worker). Recently released form has an additional section to check “Has petitioner received TARP funding”. Senate recently passed a new bill enforcing tougher regulations on TARP funded companies, thus making it difficult to hire H1B workers.

Many lawyers, in order to beat the rush during the first week of April neglected the release of new I-129 form. USCIS is now sending RFEs to such petitioners requesting them to provide information if company is TARP funded. But thats not something one should worry about as providing information for such RFEs is straight forward.

H1B aspirants for FY 2010, who are planning to apply in future should make sure that their lawyer use recent I-129 form. Though replying back to such RFEs is easy, but this will definitely chew up good amount of lead-time, making wait longer for an approval.

Other RFEs reported are those received by few consulting and staffing companies.

1) Employment agreement between Petitioner and Beneficiary;
2) Service Agreement between Petitioner and end-Client;
3) Statement of Work/Purchase Order for Beneficiary indicating his services are required for the next 3 years;
4) Petitioners' 2008 Federal Income Tax returns

Looking at above RFEs, it seems that many consulting and staffing companies would have tough time getting approvals for their beneficiaries. Such petitioners would need SOW/PO from client stating that their service is required for entire tenure of H1B visa. In addition, if there is an applicant who is not on project, it may not be possible for him to get documents associated to RFE number 2.

It's bizarre on USCIS/DOL part to expect client letters, as there may be no client who can foretell the need for next 3 years. Most of these projects are on need-basis and can be as short as 3-5 months. As long as petitioner is paying his employee regularly on H1B visa, is financially sound and not abusing the system, beneficiary should be eligible to receive H1B visa.

H1B applicants for fiscal year 2010, who had applied through consulting and staffing companies should start working on above documents as gathering them would take some time. The time frame given by USCIS is not that long to respond, hence its better to be organized with all your documents.