Essential Checklist for Day 1 CPT Students to Prevent RFEs

Understanding H1B RFE

What is H1B RFE

An RFE (Request for Evidence) is issued by the United States Citizenship and Immigration Services (USCIS) when additional documentation is needed to verify the information provided in your visa application. In the context of an H1B RFE, this simply indicates that USCIS is requesting extra supporting documents as evidence before they can proceed with approving your H1B application. It's different from a NOID (Notice of Intent to Deny). While a NOID also calls for supporting documents, it implies that USCIS has considerable reservations about your application and is inclined to deny it but still allows you one last chance to present your case. On the other hand, an RFE suggests that USCIS believes your application has potential and is providing you with an opportunity to strengthen it. Thus, you should take an RFE as a positive sign for your application status, even if it means you need to hustle to provide additional documents.

Having said that, the best scenario would be for your case to be approved outright, without receiving an RFE. However, understanding RFEs in advance can bring peace of mind, as interactions with USCIS are often challenging. Here are some

Common Reasons for H1B RFE:

1. Specialty Occupation Criteria: The petitioner failed to demonstrate that the job is a specialty occupation as defined by immigration law or meets the specific criteria set by regulations.
2. Employer-Employee Relationship: There was insufficient evidence to prove a valid employer-employee relationship, including control over the beneficiary's employment such as hiring, firing, and supervision.
3. Work Availability Off-site: The petitioner couldn’t prove the existence of specific, concrete assignments for the beneficiary in a specialty occupation for the entire period requested in the petition.
4. Beneficiary’s Eligibility: There was a lack of evidence that the beneficiary was qualified to perform in a specialty occupation according to regulatory standards.
5. Status Maintenance: The petitioner did not show that the beneficiary has maintained their current status, encompassing various potential issues.
6. In-house Work Availability: The petitioner did not present specific, concrete in-house assignments for the beneficiary in a specialty occupation for the full duration requested.
7. LCA Validity: The petitioner did not confirm that they have a certified Labor Condition Application matching the position and terms of the petition.
8. AC21 and Six-Year Cap: The petitioner failed to establish eligibility for AC21 extensions or that the beneficiary had not exceeded the six-year H-1B limit.
9. Detailed Itinerary: The petitioner did not provide a required itinerary for services at multiple locations, including service dates and locations.
10. Fee Payment: There was inadequate proof that all requisite H-1B filing fees had been paid by the petitioner.

Ref: Understanding Requests for Evidence (RFEs) - USCIS 

Your Chances of Receiving an H1B RFE in 2024

RFE trends are closely tied to changes in the administration of the executive branch. For instance, the percentage of cases that included an RFE was 21.4% in FY 2017, which rose to 38% in FY 2018 and further to 40.2% in FY 2019. The rate then decreased to 28.8% in FY 2020, dropped again to 16.2% in FY 2021, and after a slight dip to 9.6% in FY 2022, it increased modestly to 9.8% in FY 2023.

Although the RFE rate often causes concern, it's important to consider multiple metrics together, such as the RFE rate, RFE approval rate, and the overall H1B approval rate.

H1B approval rates are significantly influenced by US policies. During the Trump administration, the "Buy American, Hire American" initiative led to a noticeable increase in both H1-B RFE and denial rates, according to USCIS statistics. Approval rates decreased from a 90% high in 2015 to 60% by 2019. However, these figures returned to pre-Trump levels after President Biden took office.

With 2024 being an election year, the rights of immigration workers are at stake once again. Republican frontrunner Donald Trump has expressed strong anti-immigration sentiments in his recent campaign speeches, describing immigrants as "poisoning the blood of the country." He plans to reintroduce a rule from his first term that redefined employer relationships within the H1B visa system, aiming to restrict IT and professional services companies from employing H1B visa holders, thus severely limiting their service capabilities, as reported by Forbes.

Overall speaking, the outlook for this year's applicants is encouraging, as there appears to be little change expected compared to last year's data, given that election results won't be known until the end of 2024. If you're applying for an H1B visa this year, you'll face about a 10% chance of receiving an RFE. However, you also have more than an 80% likelihood of successfully overcoming that RFE by the end of the process, which are favorable odds.

H1B RFE And Day 1 CPT Programs

On Reddit, some people stoke fears by claiming that using Day 1 CPT will ruin your future, as it supposedly guarantees an H1B RFE that you cannot overcome. While there have indeed been cases of individuals who used Day 1 CPT, received an H1B RFE, and failed to clear it, it's crucial to delve deeper. We should explore why these RFEs were issued and identify which aspects of Day 1 CPT are considered problematic or might raise suspicions from the perspective of USCIS officers.

F1 Status Maintenance

If you know someone who received an RFE, it's important to first find out the specific reason for their RFE. Often, these are related to work nature or employer issues, which typically aren't a concern for Day 1 CPT students. Based on our experience, while there are 10 common reasons for an H1B RFE, the most pertinent concern for Day 1 CPT students tends to be "status maintenance."

The application for an H1B visa marks a crucial stage where applicants must demonstrate that they have maintained the conditions of their non-immigration status throughout their days in the US, even since they first came here. Day 1 CPT programs are closely monitored by USCIS to ensure compliance with F1 visa regulations.

Due to its practice training focused nature, Day 1 CPT programs usually has a minimal requirement for on-site classes attendance, which to F1 students is crucial. According to Homeland Security, F1 students is "Full-time" international students, who need to fullfill the following requirement to legally main their "F1 status": 

 

F1 visa regulations are notably strict. Universities that offer Day 1 CPT typically work with legal consultants to tailor their programs to comply with USCIS and Homeland Security guidelines. Regardless of whether students are enrolled in a Day 1 CPT program, all F1 visa holders must enroll in at least 6 credit hours at the master's level or higher, pass their exams, attend mandatory on-site classes and training, and maintain a GPA above 3.0 if they wish to use CPT for work authorization. Additionally, those opting to use CPT must renew their authorization according to the school's requirements. Failing to meet any of these conditions can jeopardize their F1 status maintenance and potentially trigger an RFE in future immigration applications, which could be difficult to overcome.

Due to their unique structure, Day 1 CPT programs are rigorously monitored by USCIS, which includes random audits to ensure adherence to F1 visa regulations. Consequently, students who have extensively used CPT while on an F1 visa may occasionally receive an RFE during their H1B application process. USCIS conducts these checks to verify whether students have used CPT as intended and have fulfilled all their obligations as F1 students while benefiting from the internship opportunities designed for them.

As long as your school is accredited, your program is SEVP-approved, and you adhere to all F1 student duties, your chances of passing an RFE are high, even if you use Day 1 CPT and undergo a USCIS check. Not all of our partner Day 1 CPT universities track their students' RFE outcomes because students often do not report back. However, according to our records, the RFE approval rate at one of our partner schools, Westcliff University, has been about 98% in recent years.

So, how can you ensure you pass an RFE inspection if you unfortunately fall into the 10% who get audited?

⨠ First, choose only accredited schools that offer RFE support to their students.
⨠ Second, fulfill all your responsibilities as a student: attend all classes, complete your assignments, and adhere to the limits of your CPT authorization.
⨠ Additionally, gather and save the following documents while on the Day 1 CPT program as "proof" in case of an RFE. 👇

 

Key Strategies to Avoid RFEs in Day 1 CPT Programs

Here’s what you need to prepare to minimize the risk of an RFE and ensure compliance with your F1 visa while in a Day 1 CPT program:

Documentation from Your Day 1 CPT University

1. Day 1 CPT RFE Support Letter: A letter from your university justifying your enrollment and the validity of your Day 1 CPT.
2. Attendance Report for Day 1 CPT Students: Document proving your attendance in classes as required by the Day 1 CPT program.
3. CPT Corporate Agreement for Day 1 CPT: An agreement detailing the CPT arrangement between your university and your employer.
4. Enrollment Verification for Day 1 CPT Students: Documents that verify your status as a student in a Day 1 CPT program.
5. Official Transcript & Academic Record from Day 1 CPT Program: Your academic performance records.
6. Tuition Record for Day 1 CPT Participants: Proof of tuition fee payments.

Documentation from Your Employer

1. Payroll Record from Day 1 CPT Employment: Proof of your employment and remuneration.
2. Job Description Relevant to Day 1 CPT: Details of your job and its relevance to your Day 1 CPT studies.
3. Offer Letter for Day 1 CPT Position: Your initial employment offer document.

Personal Documentation

1. I-20 Forms for Day 1 CPT Compliance: All your Form I-20s which detail your F1 visa status.
2. Travel and Local Presence Records: Evidence like parking, gas, and travel tickets to prove your presence in the U.S.
3. Day 1 CPT Study-Related Expenditures: Receipts for academic materials.
4. Syllabus and Handouts from Day 1 CPT Courses: Detailed course content documents.
5. Personal Academic Engagement Records: Notes and plans that show your active participation in your Day 1 CPT.
6. Communication Records via University Email: Proof of academic-related communications.
7. Proof of Address During Day 1 CPT: Documents confirming your residence in the U.S.

Support from CPTDog

CPTDog has fostered partnerships with the Day 1 CPT universities we represent, ensuring that our students' cases receive priority. We have designated school officials specifically assigned to work with us, enhancing the support available to you. If you enrolled through CPTDog in any of the Day 1 CPT universities we represent, you are encouraged to reach out for assistance, even after your enrollment. Our student service representatives are here to assist with CPT applications, RFE responses, and any other challenges you might encounter during your academic journey.

For more H1B RFE related information, read our H1B RFE Comprehensive Guide