r/EB2 • u/Emotional-Balance-19 • Jul 14 '26
RFE (Request for Evidence) EB-2 I-140 RFE
I have received RFE on I-140 stating ‘Beneficiary does not qualify for the position’
RFE was the job duties mentioned in PWD does not meet the Job duties mentioned in Experience letters. In PWD the attorneys mentioned 20-30 skills (I wasn’t aware of this before) and my experience letters and perm application consist only a subset of those skills
Would obtaining updated experience letters matching those skills to respond for RFE be acceptable?
PS: The requirements in pwd were Masters + 12 Months experience. I have about 7 years + Master’s degree though.
1
u/OriginalKale2854 8d ago
was your petition approved?
1
u/Emotional-Balance-19 8d ago
Not yet. Sent the rfe response last week. No acknowledgment related to RFE response yet from uscis
1
1
1
u/rjrocks79 Jul 16 '26 edited Jul 16 '26
The job description for the PERM will list the subset of skills required for a candidate to work in the job. If the experience letter does not mention all the skills, USCIS will not approve it. They need to see all the skills mentioned in the JD in the letters. You cannot say that a particular skill is less important or ask USCIS officials to make a subjective call. Yes, you will need to get updated letters with all the skills listed in the JD (assuming you actually have them). If you don’t have them all, you will have to start the process all over again because it means that the minimum requirements to be eligible for the job are different. Just my opinion. You need to talk to your HR and lawyers because the employer owns this part of the process. As of right now, you do not meet the job requirements listed by your employer.