Avoiding RFEs in H-1B Petitions: What Employers Need to Know in 2025
Employers seeking to hire foreign professionals through the H-1 B program in 2025 must be particularly cautious when preparing petitions. A single oversight can trigger a Request for Evidence (RFE), which can delay onboarding and increase compliance burdens.
H‑1B petitions require detailed documentation, especially when USCIS evaluates whether the offered position qualifies as a specialty occupation. When RFEs occur, they often center on job duties, wage levels, or whether the employee-employer relationship is sufficiently documented. Employers can avoid these issues by preparing submissions with care, clarity, and consistency.
Clarify the Specialty Occupation
One of the most common reasons USCIS issues an RFE is uncertainty about whether the role requires a specific degree or not. The law defines a specialty occupation as one that involves the application of specialized knowledge and typically requires a bachelor’s degree or higher. Employers should provide detailed job descriptions that link the degree to daily responsibilities. Avoid broad or generic language, and explain why specific education is required.
Referencing industry norms, showing how similar roles in your company have been filled, and providing internal organizational charts can strengthen the case. Working with a business immigration attorney ensures your petition outlines how the role qualifies under current adjudication standards.
Address Wage Levels Early
Wage level justifications have drawn more scrutiny in recent years. Petitions listing Level 1 wages must explain how the position is entry-level while still requiring a degree. Employers must be prepared to show how salary levels align with the role’s complexity and responsibilities. Including salary surveys or internal compensation structures can reduce concerns.
Filing a Labor Condition Application (LCA) that accurately reflects the offered wage and geographic area is critical. Mistakes at this stage are difficult to correct later and may cause delays. For employers managing multiple petitions, partnering with a corporate immigration lawyer can streamline filings and prevent errors that lead to wage-related RFEs.
Demonstrate Employer Control
Another frequent RFE issue involves the employer-employee relationship. USCIS wants to confirm that the sponsoring employer has control over the work and assignments of the H-1 B employee. This is particularly important when an employee will work at a third-party location or under a contract.
Petitions should include signed employment agreements, a clear description of reporting structures, and performance evaluation policies. If work is off-site, provide copies of client contracts, project schedules, and other documentation that confirm your company maintains control over the assignment. Supporting materials like these should be reviewed in advance by your legal team. Learn how our firm prepares these cases by visiting our services page.
Organize Supporting Evidence Carefully
Even when the core petition is strong, missing or inconsistent documents can result in an RFE. Every supporting document, including academic transcripts, credential evaluations, licenses, certifications, resumes, and translations, must be complete, up-to-date, and aligned with the role being offered.
Consistency across all forms, support letters, and attachments is also essential. A well-prepared submission that adheres to USCIS documentation standards helps avoid delays and facilitates a smoother review process. To learn more about our team and the support we offer for employment-based immigration, visit our team page.
Reduce Risk with Strategic Preparation
Proactive petition planning is crucial to avoiding unnecessary delays during the H-1 B process. Employers who understand USCIS adjudication trends, maintain well-documented internal systems, and align filings with current legal standards are more likely to avoid RFEs altogether. This is especially important for companies handling multiple hires or sponsoring roles that may raise questions about wage levels or job classification. Working with a work visa attorney who stays informed on USCIS policy updates helps ensure that petitions are tailored to current expectations and that every case is approached with clarity and precision.
Here are several core practices employers should follow to reduce RFE risk:
- Define the offered position with a clear, detailed job description tied to a specific degree requirement.
- Use the correct wage level on the Labor Condition Application and justify it with internal compensation data or industry benchmarks.
- Provide documentation that confirms control over the employee’s duties, reporting structure, and supervision.
- Submit consistent, current, and complete supporting evidence, including credentials, evaluations, and properly formatted attachments.
- Anticipate areas of scrutiny and address them within the initial petition to avoid triggering further review.
Build Confident Petitions with Trusted Legal Support
Reducing RFE exposure starts with clear filings and proactive planning. J. Aponte Law & Associates helps employers achieve their workforce goals with reliable legal support throughout every step of the H-1 B process. Our firm understands what USCIS expects and delivers responsive case management that aligns with your internal timelines and deadlines. If your team requires legal guidance on H-1 B petitions in 2025, please contact us today to learn how we can assist.