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In other words…USCIS is not your friend. 

Against a backdrop of increased pressure and limited resources, the RFE your client receives in response to his or her petition is not always as unique and specific as it may appear to be.  The number of petitions submitted for the same number of visas has forced CIS workers evaluating petitions to get sloppy when a decision is not entirely straightforward.

In fact, USCIS has adopted an approach to writing RFEs and Denials wherein instead of writing an RFE tailored to the actual petition, they use boilerplate text from an adjudicator’s manual.  Readers unfamiliar with this CIS trend may think that the RFE lays out the guidelines and advice for how to respond to it.  In practice, this is not the case.  The boilerplate text has been chosen after the fact, as justification for a decision that has already been made to deny your client’s petition.  Following the guidelines indicated in this kind of RFE will not actually give you and your client correct insight into what is needed for your client’s individual petition.

Boilerplate text RFE’s can he hard to identify, especially to the untrained eye, and even more difficult to respond to successfully.  In order to overturn this RFE, it is necessary to construct a response that transcends what CIS can just throw more boilerplate text at.  To do this, you must submit a response that must be referred to an expert at CIS with the capacity to review petitions on a case-by-case basis.  In essence, you can’t respond successfully to a boilerplate RFE with a boilerplate response.

If your client’s petition received an RFE for an education situation, contact an expert credential evaluator.  For difficult cases, RFEs, and Denials, you need an expert who understands CIS trends, federal case law, CIS precedents, and the intricacies of the visa requirements who can write a detailed evaluation that must be deferred to someone who can actually give your client’s petition the adjudication it deserves. 

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency.  For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.

posted Mar 12, 2016 in RFEs (H1B, I-140, PERM, Consulate) by Sheila Danzig (8,100 points) | 338 views