Availability of Work RFEs and the Question of Long Term Project Assignments

An Availability of Work Request for Evidence is issued when U.S. Citizenship and Immigration Services questions whether an H-1B beneficiary will have specialty occupation work for the full validity period requested in a petition. In these situations, the officer may believe the assignment is temporary or tied only to a short project rather than lasting throughout the requested approval period.

This concern often appears when a petition involves consulting firms or work performed at a third-party client location. If the documentation provided shows only a short project timeline or lacks confirmation from the end client, USCIS may question whether sufficient work exists for the entire requested duration.

Why Project Documentation Matters

Contracts and statements of work receive careful review in these cases. When these documents do not cover the full H-1B validity period requested, officers may assume that the employment relationship could end earlier than stated in the petition. Agreements that describe general services but do not include project details can also raise doubts about whether specialty occupation duties will remain available.

Because of this, documentation often focuses on demonstrating ongoing assignments rather than a single short term project. Statements of work, client confirmation letters, and project timelines can help clarify how services will continue beyond an initial phase.

Project descriptions also play an important role. These explanations typically outline the technical responsibilities involved and show how the position remains a specialty occupation during the entire engagement.

Demonstrating Continuing Work

USCIS may also look at how an employer manages future work opportunities. Evidence of additional contracts, upcoming assignments, or long term service relationships with clients can help establish that work will continue even if one project stage concludes.

When responses to these RFEs are prepared, documentation is often organized to connect project evidence with the regulatory requirement that specialty occupation duties remain available for the requested period of employment.

Addressing the RFE

Availability of Work RFEs focus on whether ongoing assignments exist, not simply whether the beneficiary is qualified for the position. When records clearly demonstrate active projects and consistent professional duties, the questions raised in the notice can often be resolved.

Clear project documentation, client confirmation, and an explanation of how assignments extend through the requested timeframe can help establish that specialty occupation work will remain available throughout the validity period.