L1B RFE Success Rate: Improve Your Chances

If you have received a Request for Further Information (RFE) for your L1B visa application, you will need to consider your next steps quickly, including how to respond and what this means for your prospects of success.

There are a number of ways to approach your RFE to help improve your chances of attaining the visa and adding to the L1B RFE success rate.

 

What is an L1B RFE?

By issuing an L1B RFE, the adjudicating officer is signalling that they do not have sufficient information or evidence to make a final decision on the application.

The RFE will request the additional evidence and documentation to be compiled and submitted within a prescribed timeframe.

Importantly – an L1B RFE is not a denial or indication of a denial. Put simply, it means the adjudicator wants more information to be able to make their decision. It should be seen as an opportunity to supplement the initial submission and help sway the outcome in your favor.

 

L1B RFE success rate

According to official figures, just over half of L1B applications are subject to an RFE. As such, L1 petitioners must be absolutely clear and convincing in their application that they qualify under all of the visa requirements. This includes showing that the role could not be performed by a US resident worker.

 

How to respond to an L1B RFE

The RFE will identify USCIS’ specific areas of concern, and may list documents required to evidence eligibility. It will also specify the deadline to submit your response.

Failure to respond to the RFE by the deadline will result in determination of the case based on the information provided with the initial application.

Prospects of success will be improved where the employer and the employee alike are fully engaged with the application and provide the necessary information in full and on time.

Common areas for RFE clarification include:

Employee knowledge

The L1B permits multinational employers to transfer qualifying non-US national employees to a US branch or affiliate to undertake roles requiring ‘specialized knowledge’.

What constitutes ‘specialized knowledge’ however is far from specific or clear. USCIS regulations define specialized knowledge as “special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.”

A lack of clarity creates significant uncertainty for employers and employees alike when compiling the submission, and is also resulting in USCIS increasingly reliant on RFEs to request more information from petitioners to evidence eligibility under the requirements of the visa classification.

The application must show the employee qualifies with knowledge deemed either special or advanced. These have specific meanings under the L1B route.

Specialized knowledge relates to knowledge of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets that is distinct or uncommon in comparison to that generally found in the particular industry. Advanced knowledge is knowledge of or expertise in the petitioning organization’s specific processes and procedures not commonly found in the relevant industry and is greatly developed or further along in progress, complexity and understanding than that generally found within the employer.

USCIS uses a number of factors when evaluating the specialized knowledge test. Applications and RFE responses should be built to address these areas, such as whether the knowledge can ordinarily be gained only through prior experience with the petitioning organization or can be easily transferred or taught to another individual without significant economic cost or inconvenience because of substantial training, education or work experience required; if the knowledge is particularly beneficial to the petitioning organization’s competitiveness in the marketplace.

This is an inherently challenging part of the process as adjudicators are unlikely to possess already knowledge or insight into the market or organization that will equip them to make a decision. They must as such be convinced that the threshold has been met. Make no assumptions and take a granular approach to your evidence by breaking the knowledge aspects down into component parts.

 
Qualifying relationship between the US and multinational companies

Your application has to satisfy the adjudicator of the existence of a qualifying, bona fide relationship between the foreign company and the US office, branch or affiliate.

Where there have been recent changes in company structure, ownership or location, discrepancies may present which USCIS seek to be clarified with an RFE.

Documents could include bank statements, organizational structure charts, share certificates.

 
Missing or incorrect documents 

Any errors or issues with the initial application can result in an RFE. For example, if one of the mandatory documents was not submitted through error, or if a document contained an error or typo, the adjudicator may issue the RFE to clarify the discrepancy.

 
Business impact projections 

One of the requirements of the L1B visa is that the business will grow and positively impact the economy, which should be detailed in a business plan containing relevant projections and data to support this. If the adjudicator has questions or concerns about the accuracy of the information in the plan, they may ask for further evidence, or in some cases may on this basis deny the application altogether.

 
US immigration policy 

The status of US immigration policy can hugely impact work visa refusal and approval rates. A protectionist government, such as the Trump Administration, resulted in higher refusal rates for overseas workers with the aim of safeguarding jobs for the domestic labor market.

 

Need assistance?

While a declining L1B RFE success rate may, at first glance, be off-putting for petitioners, it’s important to remember that applications continue to be approved, including where RFEs are issued. It’s a matter of responding in a way that supports your eligibility and highlights all of the relevant information that will support a positive determination.

Applicants are advised to take an objective perspective to the L1B petitions. While it may be obvious within the organization that the individual employee is critical to the US operation and possess the necessary knowledge, this must be adequately evidenced to USCIS or the petition becomes at risk of delayed processing via an RFE.

If you have a question about an L1B RFE, contact our team of specialist US immigration attorneys.

 

L1B RFE FAQs

What is RFE in L1B visa?

An RFE is a request from the USCIS adjudicator for more information or documentation to be provided by the petitioner in order for a decision to be made on the application.

 

How do you respond to RFE for L1B?

RFEs must be responded to within the set timeframe. All of the requested information or documentation must be provided. Taking professional advice can optimize your chances of answering the adjudicator’s queries and securing the visa.

 

How long does it take to get RFE for L-1 visa?

Once you have submitted the response to the RFE, you may have to wait between 30-60 days for adjudication to be completed. As such, it is preferable to try to avoid receiving an RFE by ensuring the initial application is thorough and complete.

 
This article does not constitute direct legal advice and is for informational purposes only.