ALERT: Requests for Evidence and Denial Rates by CIS have Increased Dramatically
New data obtained from CIS indicates a substantial increase in the number of Requests for Evidence (RFEs) and Denials issued with respect to nonimmigrant employment-based petitions (L, H, O, P for example). This is despite the fact that the law and relevant regulations remain unchanged.
This increase has raised serious questions about the training, supervision and procedures of staff at CIS service centers as well as the U.S. government’s commitment to fostering a stable climate for businesses in the global economy. For example, RFE rates for L-1B “specialized knowledge” petitions rose from 2% in fiscal year 2004 to a staggering 63% in 2011. RFE rates for L-1A “managerial or executive” petitions rose from 4% in fiscal year 2004 to 24% in 2007, up to 51% in 2011. RFEs can result in added weeks or months of processing times, project delays, and increased costs. Ultimately, if CIS determines that the response submitted does not meet their requirements, the petition may be denied.
As further illustration, denial rates for L-1B petitions rose from 7% in fiscal year 2007 to 27% in 2011. Denial rates for L-1A petitions increased from 8% in 2007 o 14% in 2011.
Canadian citizens can present their L-1 petition at any Southern Ontario or other U.S./Canadian border crossing. Rosanna Berardi accompanies clients to the border throughout the week and has great success in presenting L-1 petitions to Customs and Border Protection Inspectors.
Berardi Immigration Law has taken a proactive approach to this trend by carefully integrating the latest guidance from CIS into our processes to ensure our petitions are crafted to reflect the most up-to-date government requests. Our goal is to present the strongest case possible to CIS thereby avoiding many of these RFEs. If you need to file an employment-based petition at a CIS service center, or have filed a case on your own and have received an RFE, we urge to you contact us at 1-877-721-6100 or send us an e-mail by clicking here.