H1B RFE: How AI Review Triggers More Denials

In recent years, USCIS has increasingly relied on automation and algorithmic tools to review H1B petitions — and it’s fueling a sharp rise in H1B RFE issuance. Petitions are now subject to AI-assisted flagging that scans for inconsistencies, patterns, and perceived risks.

From wage levels to vague job titles, the system is designed to catch anomalies — but not always in ways that account for real-world context. The result? More RFEs, even for well-prepared cases.

At Shan Potts Law Offices, we’ve seen a growing number of H1B RFE cases triggered by this evolving review system — and we’re helping clients stay ahead of it.

What Triggers an H1B RFE in the Age of AI Review?

AI-assisted systems within USCIS are scanning massive datasets, looking for red flags before a petition even reaches a human officer. Here are the most common triggers for a modern H1B RFE:

• Specialty Occupation Flags: If the job title is too generic or doesn’t clearly require a specific bachelor’s degree, the petition is flagged.

• Wage Level Inconsistencies: AI compares wage levels with job codes. A Level 1 wage for a high-skill job raises suspicion.

• Employer-Employee Relationship: AI tools check for client letters, contracts, and control documents — their absence can lead to automatic suspicion.

• Frequent Filing Patterns: Companies that file large numbers of petitions — or submit nearly identical ones — often get flagged en masse.

• Data Mismatches: Even minor inconsistencies across multiple forms can trigger an H1B RFE.

These reviews are fast, unforgiving, and often miss nuances that a human reviewer would catch.

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How Shan Potts Law Offices Helps You Navigate H1B RFE Challenges

At Shan Potts Law Offices, we know that beating an H1B RFE in today’s AI-driven environment requires more than boilerplate responses. Here’s how we approach it:

• Strategic Language: We match the job description wording to USCIS Occupational Outlook guidance and align it with specialty occupation standards the AI is trained to spot.

• Wage Defense: We justify wage levels with detailed market data and explain why lower wage levels are appropriate for entry-level roles — something the system might miss.

• Relationship Documentation: We provide layered evidence — including contracts, emails, supervision structures, and client letters — to validate control and oversight.

• Preemptive Review: We audit petitions before they’re filed to spot and fix AI red flags in advance.

Our proactive, detail-rich responses are designed to speak both to USCIS adjudicators and the algorithms screening your petition.

What You Can Do Next If You Receive an H1B RFE

If you’ve received an H1B RFE, don’t panic. But don’t take it lightly either. You’re dealing with an evolving review system that requires strategic navigation. Here's what you should do:

1. Act quickly — you typically have 30–90 days to respond.

2. Get a legal review of your RFE immediately.

3. Avoid generic replies — your case needs to be tailored to the specific issues raised.

4. Contact Shan Potts Law Offices — our team is trained to reverse-engineer RFE logic and prepare bulletproof responses.