Should You Worry If You Get an Audit or RFE during your EB-3 process?

December 2, 2021

The audit request and Request For Evidence (RFE) are normal parts of the immigration process and are no cause for fear.

The story is a familiar one: You have planned for years on immigrating to the U.S. You have used up resources and spent months compiling documentation and completing forms for your application. Finally, you file your application. But a few months later, you receive an audit request or a Request For Evidence (RFE). You may start to panic at this moment that something is wrong or that your application is under unfair scrutiny. But do not panic. BDV Solutions is here to help.

Audit Request

When you are in the PERM process with the Department of Labor, all applications are subject to randomized audit requests. This is the primary reason an audit is requested, and the Department of Labor simply considers this a measure of quality control. Usually when an audit is requested, the Department of Labor simply wants to make sure that the employer has followed all the necessary steps to sponsor your visa. Because the process is randomized, BDV Solutions assists the employer in preparing an audit response file with all of the required documentation for each of the clients at the time the Labor Certification Application is filed. By doing this, the employer is ready to make a timely and stress-free response to the Department of Labor’s request.

Request for Evidence

When you apply for a Green Card, it is possible that United States Citizenship and Immigration Services (USCIS) will make a Request for Evidence (RFE). RFEs are sent when the officer reviewing an application has follow up questions about an application. This might have to do with something the officer finds confusing about your history, your income, or something else entirely. But it is no reason to panic. USCIS is only seeking clarification to make sure they understand your situation so as to make the correct decision regarding your application. While it may seem daunting when you first receive the RFE letter, BDV Solution’s network of experienced staff are ready and able to help you through the process to make sure the attorney files a timely and sufficient response.

While receiving an audit request or an RFE can feel frustrating at first, it is no reason be anxious. BDV Solutions has an experienced network of legal professionals that are here to assist you in this process.

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