H-1B RFE for Confidential Project

We were retained for an H-1B petition.  USCIS issued a Request for Evidence asking for proof that the beneficiary would be employed in-house and that the petitioner has sufficient specialty level work available for the beneficiary.  No project information or agreements entered into with the clients could be provided to USCIS as evidence because of the confidential nature of the projects that the beneficiary would be required to work on in-house.  Therefore, we relied on secondary evidence supported by legal arguments.  USCIS accepted our arguments and approved the application. Albeit inconsistently, USCIS does understand that sometimes it is impossible for an H-1B employer to provide expected documents because of confidentiality requirements in their contracts with end-clients.

Nonimmigrant Visas

Add new comment

Filtered HTML

  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>
If you want to be notified of a response to your comment, please provide your email address.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.