USCIS Responses

H-1B Receipt Notice (Form I-797)

U.S. Citizenship and Immigration Services (USCIS) issues Form I-797 Receipt Notice upon receipt of the H-1B petition. Once the H-1B petition is filed, a Receipt Notice arrives within 1–2 weeks. Petitions filed with premium processing will first receive email notices, but email notices are not acceptable documents to enter the U.S., complete I-9s, or apply for a Social Security Number or driver’s license.

H-1B Approval Notice (Form I-797)

USCIS issues Form I-797 Approval Notice upon approval of the H-1B petition. Once the H-1B petition is approved, the Approval Notice arrives within 1–2 weeks. The Approval Notice includes the new I-94 for employees changing or extending their status. Petitions filed with premium processing will first receive email notices, but email notices are not acceptable documents to enter the U.S., complete I-9s, or apply for a Social Security Number or driver’s license.

USCIS issues Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) when it is deemed that there is insufficient evidence to render a decision on an H-1B petition. ISSS and the attorney evaluate the RFE or NOID and determine an appropriate response by the deadline communicated by USCIS.

USCIS may issue RFEs or NOIDs for several reasons, including but not limited to:

Reason	Description
Specialty Occupation	Failure to establish that the position qualifies as a specialty occupation
Prospective Employee’s Qualifications	Failure to establish that the prospective employee is qualified to perform services in a specialty occupation
Maintenance of Status	Failure to establish that the prospective or current employee maintained their current nonimmigrant status

USCIS denies a petition when it is deemed that the response to the RFE or NOID lacks sufficient evidence for approval of the H-1B petition. Denial of an H-1B petition means that the new or current employee may not obtain or extend their H-1B status with the university.