Can an Expert Opinion Letter Help You Overcome an H1B RFE?

Receiving a Request for Evidence (RFE) during the H1B visa process can be stressful and time-sensitive, especially for employers and foreign professionals navigating U.S. immigration rules. One of the most effective tools to respond to an RFE—particularly for cases questioning job qualifications or the nature of the position—is an Expert Opinion Letter.

U.S. Citizenship and Immigration Services (USCIS) issues RFEs when more information is needed to determine the eligibility of a visa petition. For H1B applicants, common RFE reasons include doubts about whether a position qualifies as a specialty occupation, or whether the candidate's background matches the role.

In such scenarios, an Expert Opinion Letter can play a critical role in bridging the gap between a petitioner’s claims and the USCIS’s expectations. In this article, we’ll explore how these letters work, when they are most useful, and how they can significantly improve your chances of overcoming an H1B RFE.

What Is an H1B RFE and Why Is It Issued?

An H1B RFE is a formal request by USCIS for additional evidence before making a decision on an H1B visa petition. It usually indicates that the information provided in the initial filing did not fully meet the eligibility criteria.

Common Reasons for H1B RFEs:

• Specialty Occupation Challenges: USCIS questions whether the position truly requires a bachelor’s degree or higher.
• Wage Level Issues: The job is assigned a Level 1 wage, which may signal to USCIS that it's an entry-level role.
• Educational Equivalency Concerns: The applicant’s degree or experience doesn’t align with the job requirements.
• Employer-Employee Relationship Doubts: Especially common in third-party worksite placements.
• Each of these RFEs presents a unique challenge—and this is where an Expert Opinion Letter can make a significant difference.

What Is an Expert Opinion Letter?

An Expert Opinion Letter is a formal document written by a qualified subject matter expert—typically a professor, industry leader, or seasoned practitioner—that provides a professional assessment of:

• Whether a job meets the definition of a specialty occupation
• Whether the foreign national's education and experience match the job requirements
• Clarification of job duties, titles, and industry standards
• These letters are used to strengthen visa petitions and are particularly effective in responding to RFEs.
• At AAE Evaluations, we specialize in USCIS-compliant Expert Opinion Letters tailored for H1B, EB1A, EB2-NIW, and more. 

When Is an Expert Letter Most Useful for H1B RFEs?

1. Specialty Occupation RFE

If USCIS doubts that the role qualifies as a “specialty occupation,” an expert can explain why a degree in a specific field is a standard industry requirement. The letter can also show how similar roles in the field typically require such qualifications.

2. Wage Level RFE

Lower wage levels (especially Level 1) often trigger RFEs. An expert can clarify how the duties are more advanced than the wage level suggests, or how even junior roles in a certain industry require a specialized degree.

3. Educational Equivalency RFE

If the candidate holds a foreign degree or has experience in lieu of formal education, an expert can analyze academic records and work history to confirm equivalency to a U.S. bachelor’s or master’s degree.

4. Employer-Employee Relationship RFE

Especially for IT professionals placed at third-party worksites, USCIS wants proof that the employer controls the work. An expert can evaluate contracts and job roles to support this relationship.

What Makes a Strong Expert Opinion Letter?

Not all letters are created equal. For USCIS to consider an expert letter credible, it must meet certain standards.

Key Elements of a Compelling Expert Letter:

• Author Credentials: Should be from a recognized authority in the field, such as a PhD-level professor or experienced industry expert.
• Specificity: Must address the exact nature of the job, not generic descriptions.
• Industry Standards: Should cite sources like the Occupational Outlook Handbook (OOH), O*NET, and real-world job postings to support claims.
• Clear Justification: Provides logical, well-organized reasoning that aligns with USCIS expectations.

At AAE Evaluations, our expert letters are written by seasoned professionals with deep subject-matter expertise and a track record of success in supporting H1B approvals. 

Real-World Example (Generalized)

Case Study: A software developer position at a tech company received an RFE questioning whether it qualified as a specialty occupation due to a Level 1 wage designation.

Solution: AAE Evaluations provided an Expert Opinion Letter from a senior computer science professor, explaining how the duties required complex knowledge beyond entry-level roles and cited real-world job listings requiring computer science degrees.

Result: The RFE was overcome, and the H1B petition was approved.

Final Thoughts

An H1B RFE is not the end of the road—but it’s a critical moment where a strong, evidence-backed response can determine the outcome. An Expert Opinion Letter provides authoritative validation that helps clarify doubts, reinforce your petition, and align your case with USCIS standards.

Whether you’re an attorney, employer, or visa applicant, working with a reliable evaluation provider can make all the difference.

Ready to Strengthen Your H1B RFE Response?

AAE Evaluations offers fast, affordable, and USCIS-compliant Expert Opinion Letters tailored to your exact visa needs. Our team of academic and industry professionals has helped thousands of petitioners successfully respond to RFEs and secure approvals.