What is the likelihood of an RFE for consulting firms in H-1B petitions?

There is no fixed likelihood of an RFE (Request for Evidence) for H-1B petitions tied to consulting arrangements. An RFE is a request from USCIS for additional documents or clarifications, and the chance of receiving one varies case by case, depending on how the petition is structured and supported.

Consulting models that involve subcontracting or multiple layers of employment tend to draw closer scrutiny. This happens because USCIS wants to see clearly who the employer is, who controls the work, and where it will be performed. The more direct and consistent that chain, the less friction there will be.

• Well-defined roles among the candidate, sponsor, and end client reduce ambiguity.
• Consistent documentation and a clear job offer help avoid additional requests.
• Demonstrating that the role requires specialized knowledge is always central.

Rather than chasing a percentage, focus on building a strong case. To assess the risks of your specific arrangement, it is worth checking updated guidance from USCIS and working with an immigration specialist.

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Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.