Requests For Evidence (RFE) and the Validation Instrument for Business Enterprises

http://www.greencardapply.com/news/news11/news11_0528.htm

As part of on-going anti-fraud measures, the U.S. Citizenship and Immigration Services (USCIS) is in the process of implementing a program known as Validation Instrument for Business Enterprises (VIBE). VIBE is a web-based tool that will allow the USCIS to corroborate certain basic information about a company during adjudication of employment-based visa petitions. Use of this program is becoming evident in the content of Requests For Evidence (RFEs). Thus, employers need to be aware of the VIBE and, in some cases, take steps to update their company information.

When adjudicating employment-based visa petitions, the USCIS relies, in part, on information submitted by the petitioning employer to determine eligibility for petition approval. The VIBE program is intended to allow adjudicators to verify the accuracy of the employer's information through comparison with data commercially available. The information accessible to the Immigration Services Officer (ISO) through the VIBE program includes: company ownership and legal status, number of employees, financial standing, date of establishment, and physical address.

At this time, almost all immigrant and nonimmigrant employment-based classifications are included in the VIBE program. Those not covered are petitions requesting EB1, Extraordinary Ability; EB2, National Interest Waiver; EB5, Immigrant Investors; and nonimmigrant P and O classifications.

The USCIS procedures allow for the employer to explain or clarify any concerns regarding information contained in VIBE. If information collected through the VIBE program reveals inconsistencies with the employer's petition, or raises other concerns regarding the case, the USCIS should issue an RFE or notice of intent to deny (NOID) to allow for a response, rather than directly denying the case.

The RFE or NOID will clearly note that that the VIBE program has found missing or contradictory information and provide a description of this information. The petitioning employer will then have the ability to address these issues. Through beta testing, the USCIS has already begun issuing RFEs and NOIDs, based on information received through the VIBE program.

USCIS entered into a contract with New Jersey-based Dun and Bradstreet (D&B) in September 2009 to act as the information provider for the VIBE program. D&B is a supplier of commercial information on businesses. In order to avoid RFEs or NOIDs due to outdated or inaccurate information in D&B's records, employers may wish to review their D&B company report and ensure that D&B's database is accurate.

There is no fee to update company information. If a company finds that D&B does not have its information at all, it may request assignment of a D&B number. If a company's information is not included within D&B's database, however, USCIS will not automatically issue an RFE or NOID. http://www.greencardapply.com/news/news11/news11_0528.htm