Do L-1 petitions have fewer RFEs than H-1B?

Issues involving the different types of United States visas can seem complex, but a basic understanding of the differences between them can help clarify doubts regarding the frequency of RFEs (Request for Evidence).

It is worth highlighting that the L-1 visa, intended for intra-company transfers to managerial positions or roles requiring specialized knowledge, has an analysis process distinct from that of the H-1B, which is aimed at workers in occupations demanding specialized skills.

Generally, there are perceptions in the immigration community that L-1 petitions may receive fewer RFEs when compared to H-1B petitions. This fact can be attributed to several factors, among them:

1. The nature and specific requirements of each visa. The L-1 requires that the candidate has worked outside the US for the company for a pre-established period and usually presents a profile already consolidated within the organization.

2. The internal verification process within the company, which often already has an established history with the American authorities, contributing to the clarity of the documents submitted.

On the other hand, H-1B petitions tend to go through a highly competitive selection process, including a lottery in some cases, which may lead to a more rigorous analysis and, consequently, a higher number of requests for additional evidence.

It is important to understand that, although there is this tendency, each case is unique. The amount of RFEs can vary according to the organization of the process, the documentation presented, and other specific aspects of the applicant.

In all cases, it is essential to strictly follow United States immigration laws and gather all documentation in an organized and complete manner. Seeking information through reliable sources and recognized immigration experts can be a differential when preparing a solid petition.

Paying attention to marketing campaigns that promise guaranteed results is also fundamental, since correct compliance with legal requirements is the only way to stay within the standards expected by the authorities.

Finally, I reinforce the importance of always staying updated with immigration regulations and counting on the assistance of reputable professionals or companies for guidance. Remember: every situation has particularities, and the appropriate approach depends on a thorough analysis of each case.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.