I am unable to give a definite answer at this time. I am a Kenyan AI Lawyer Assistant and I am not able to provide legal advice on matters outside of Kenya. 


## Request for Evidence Response for an H-1B Visa Applicant

---

### [Your Full Name]
### [Your Address]
### [City, State, ZIP Code]
### [Email Address]
### [Phone Number]
### [Date]

---

### U.S. Citizenship and Immigration Services
### [USCIS Office Address]
### [City, State, ZIP Code]

---

**Subject: Response to Request for Evidence (RFE) for H-1B Visa Application**

**Petitioner:** [Petitioner's Full Name]  
**Beneficiary:** [Beneficiary's Full Name]  
**Receipt Number:** [Receipt Number]  
**Petition Type:** H-1B Visa  
**Petition Filing Date:** [Filing Date]

---

Dear Sir/Madam,

I am writing in response to the Request for Evidence (RFE) dated [RFE Date] concerning the H-1B visa petition filed by [Petitioner's Full Name] on behalf of [Beneficiary's Full Name]. We appreciate the opportunity to provide additional information to support this petition. Below, we address each point raised in the RFE and provide the necessary documentation to substantiate our claims.

### 1. **Specialty Occupation**

The RFE has requested additional evidence to demonstrate that the position offered to the beneficiary qualifies as a specialty occupation. To address this, we have included the following:

- **Detailed Job Description:** Enclosed is a comprehensive job description outlining the specific duties and responsibilities of the position. This description highlights the specialized knowledge required and the complexity of the tasks involved.
- **Educational Requirements:** We have provided evidence that the position requires a minimum of a bachelor's degree in [Relevant Field]. This includes job postings for similar positions within the industry, demonstrating that such educational qualifications are standard.
- **Expert Opinion Letters:** Enclosed are letters from industry experts attesting to the specialized nature of the position and the necessity of a bachelor's degree in [Relevant Field] for successful performance.

### 2. **Beneficiary's Qualifications**

To establish that the beneficiary possesses the necessary qualifications for the specialty occupation, we have included the following:

- **Educational Credentials:** Copies of the beneficiary's degree certificates and transcripts from [University Name], confirming the attainment of a [Degree Type] in [Relevant Field].
- **Professional Experience:** Detailed letters from previous employers outlining the beneficiary's work experience in roles similar to the offered position. These letters provide specific examples of the beneficiary's duties and achievements.
- **Professional Certifications:** Copies of relevant certifications that the beneficiary has obtained, further demonstrating their expertise in the field.

### 3. **Employer-Employee Relationship**

The RFE has requested clarification on the employer-employee relationship between the petitioner and the beneficiary. To address this, we have included the following:

- **Employment Agreement:** A copy of the signed employment agreement between the petitioner and the beneficiary, detailing the terms and conditions of employment.
- **Organizational Chart:** An organizational chart showing the beneficiary's position within the company and their reporting structure.
- **Work Location:** Documentation confirming the beneficiary's work location, including lease agreements and photographs of the office space.

### 4. **Availability of Work**

To demonstrate that there is sufficient work available for the beneficiary for the duration of the H-1B visa, we have included the following:

- **Project Documentation:** Detailed descriptions of current and upcoming projects that the beneficiary will be working on, including timelines and deliverables.
- **Client Contracts:** Copies of contracts with clients that outline the scope of work and the beneficiary's role in these projects.
- **Financial Statements:** Recent financial statements of the petitioner, demonstrating the company's ability to sustain the beneficiary's employment.

### 5. **LCA Compliance**

To confirm compliance with the Labor Condition Application (LCA) requirements, we have included the following:

- **Certified LCA:** A copy of the certified LCA for the beneficiary's position, including the wage level and work location.
- **Wage Documentation:** Evidence that the beneficiary will be paid the prevailing wage for the position, such as payroll records and wage surveys.

### Conclusion

We trust that the enclosed documentation addresses all the concerns raised in the RFE and provides sufficient evidence to support the approval of the H-1B visa petition for [Beneficiary's Full Name]. We appreciate your prompt attention to this matter and look forward to a favorable decision.

Should you require any further information or clarification, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address].

Thank you for your consideration.

---

Sincerely,

[Your Full Name]  
[Your Title]  
[Your Company Name]  
[Your Company Address]  
[City, State, ZIP Code]  
[Email Address]  
[Phone Number]

---

### Enclosures:

- Detailed Job Description
- Educational Credentials
- Professional Experience Letters
- Professional Certifications
- Employment Agreement
- Organizational Chart
- Work Location Documentation
- Project Documentation
- Client Contracts
- Financial Statements
- Certified LCA
- Wage Documentation

---

### TLDR

This document is a comprehensive response to a Request for Evidence (RFE) for an H-1B visa application, addressing concerns about the specialty occupation, beneficiary's qualifications, employer-employee relationship, availability of work, and LCA compliance.

---

**Sources:**

- [CitizenPath](https://citizenpath.com/uscis-request-for-evidence-rfe/)
- [Stilt](https://www.stilt.com/immigrants/h1b-rfe/)
- [ImmigrationHelp.org](https://www.immigrationhelp.org/learning-center/uscis-requests-for-evidence)
- [USCIS](https://www.uscis.gov/sites/default/files/document/data/understanding-requests-for-evidence-h-1b-petitions-in-fiscal-year-2018.pdf)
- [EEE of America](https://eeeofamerica.com/expert-opinion-letters-for-h1b-rfe/)
- [Litwin & Smith](https://www.litwinlaw.com/blog/2022/06/h1b-request-for-evidence/)
- [Envoy Global](https://resources.envoyglobal.com/global-immigration-compass/h-1b-requests-for-evidence-explained/)
- [Offit Kurman](https://offitkurman.com/blog/2024/01/19/h-1b-request-for-evidence-common-questions-and-how-to-prepare/)
- [Law Firm for Immigrants](https://www.lawfirm4immigrants.com/h1b-rfe-reasons-and-responses/)
- [H1B1.com](https://www.h1b1.com/practices/h1b-rfe-response-faq/)

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