How to cope with RFE?

One Core Principle, Three Approaches to Easily Handle RFE

Recently, some students at CPT schools have encountered RFE (Request for Evidence) cases, causing considerable anxiety among current and prospective students. In reality, an RFE does not mean the death sentence for your H1B application. It is quite normal to encounter an RFE during the visa application process. As long as you can promptly supplement and provide the necessary materials to dispel the immigration officer’s doubts, everything will be fine! This article will help you formulate a plan to handle RFEs, focusing on one core principle and three approaches.

Possible reasons for receiving a Request for Evidence (RFE):

1. The major of your CPT degree is similar or identical to your previous degree at the same level.
2. Failed to maintain legal F1 student status during CPT, such as not attending classes as required, not completing assignments on time, not meeting GPA requirements, or failing to fulfill credit requirements.
3. Exceeded the time limits for CPT or OPT usage under the same degree.
4. Job duties do not align with the CPT field of study, failing to adhere to the “field of study requirement.”

Core Principle: Prove Your Student Status

First and foremost, it is crucial to understand that as a student at a CPT school, you hold an F1 student visa. From the immigration officer’s perspective, you need to prove at least two things: first, your primary purpose in the U.S. is to complete your studies; second, the program requires you to remain in the U.S. to complete it. Only if both points are satisfied will the immigration office deem it necessary to issue you an F1 student visa. Therefore, all evidence provided in response to an RFE should adhere to this core principle, firmly establishing your student status and proving that all work experience under the F1 visa was to support your academic studies.

3 Perspectives: School, Employer, Yourself

If you encounter an RFE during your H1B application process, don’t panic. You can start preparing materials from the following three approaches.

Approach 1: School-Proof Documents

First, request all possible documents from your school that can substantiate your student status. This includes, but is not limited to, a DSO explanation letter (with on-site proof summarized by the school), transcripts, enrollment certificates, tuition receipts, and CPT Agreements signed by both the employer and the school. These documents, officially issued by the school, are strong evidence of your student status. Upon receiving an RFE, contact your school immediately to inquire about available documents and promptly apply for them.

For example, if you go to Trine Univerisity, you can easily get your documentation support online: Request for Evidence (RFE) Form

Evidence Trine will provide:

1. A statement from a Designated School Official (DSO) attesting to your physical presence in the classroom. 
2. A full description of your course of study/academic program, including all requirements such as the number of credits or classroom hours and your college’s definition of “full course study” for your degree level. You will recieve this by email within 48 hours of submitting this form. 
3. If you have CPT, the Office of International Services will provide you with a support letter demonstrating that your CPT is an integral part of your academic program. They will also provide proof of authorized CPT in SEVIS.

Approach 2: Employer Support

Next, seek support from your employer by obtaining documents such as job descriptions, employment verification letters, and income proof, which demonstrate the relevance of the job to your CPT program. This shows that the job is a professional practice part of the CPT program, supporting your studies. Additionally, you can ask your employer to provide an explanatory letter and attach the employer-signed CPT Agreement as supplementary proof.

Approach 3: Self-Prepared Documentation

Lastly, preparing for an RFE requires students to plan ahead from the moment they enroll in a CPT school. Besides the usual I-20 form, regularly collect receipts for transportation, hotels, and dining from attending on-site classes to prove your adherence to the school’s requirements. Past assignments and email correspondences with teachers and classmates also serve as strong evidence of your student status. I’ve heard of unconventional methods where students take a photo with their professor every time they attend an on-site class for future use. The more materials you have, the better, as anything that helps prove your commitment to your studies can be consciously accumulated.

Again, if you are a student from Trine University, the following shows the evidence you need to provide:

1. Copies of your course syllabi for all classes and coursework in which you earned credit towards your degree. Provide delivery method (in person/lecture, lab, virtual, online, tele-learning, broadcast, satellite, etc.) of the course if not listed on the syllabus. It is your responsibility to keep a record of your syllabi. Link to Trine University Course Catalogs
2. Proof of your tuition payments made by you for the duration of your enrollment. You can find this information by going to myPortal – Student Tab – Student Account Center – Course and Fee Statement (under access my nelnet account).
3. A copy of your most recent transcripts showing the number of credit hours received. You can find this information by going to myPortal – Student tab – Transcript and Grade Reports – View Unofficial Transcript.
4. Signed CPT agreements. Please find the CPT agreement in your CPT Moodle class. It is mentioned there to save all of your agreements. It is your responsibility to save all documents from each of your CPT courses.   
5. Documentation from your sponsor indicating how funds to cover your expenses are transferred.

Additionally, many students cast doubt on the legality of CPT universities due to isolated cases and posting sensational and one-sided opinions online. In fact, the CPT program model is completely legal and compliant. When choosing a CPT program, select a school and program with proper accreditation. You can refer to this article to learn how to check accreditation of each university. However, it cannot be denied that some unscrupulous schools, seeking commercial profit, aggressively recruit under the guise of CPT, affecting students’ visa status legality. Students are welcome to contact Carnegie International Student Institute (CISI) for free consultations to avoid risks from the start.