Employers are experiencing a recent increase in Requests for Additional Evidence from U.S. Citizenship and Immigration Services’ (“USCIS”) in employment-based cases due to the government’s implementation of its Validation Instrument for Business Enterprise (“VIBE”) initiative. In a previous bulletin we alerted you to USCIS’ intended initiation of VIBE to verify the eligibility of petitioners for employment-based classifications of foreign workers. The VIBE program is an internet-based service that uses commercially available data from an independent information provider, currently Dun and Bradstreet (D&B), for such verification. VIBE has recently been implemented and is applicable to the majority of employment-based nonimmigrant and immigrant classifications. A list of those included is provided below.
Though instituted as an efficiency to help expedite adjudications, inconsistencies in the data obtained from D&B and the information submitted by petitioners are resulting in Requests for Evidence (RFEs) delaying the process.
Inconsistencies may arise due to incomplete, erroneously recorded, or out-of-date D&B information. Additionally, if the petitioner is not registered with D&B, USCIS may confuse another registered entity with petitioner. There is no requirement for petitioners to register with D&B but those who are registered with D&B and are submitting petitions for the above classifications should ensure that the D&B information is correct and that it matches the company information being provided in support of the petition.
CLASSES OF EMPLOYMENT-BASED PETITIONS INCLUDED IN VIBE
| Non- Immigrant | Immigrant |
| E-1, E-2, E-3; H-1B1, H-1B2, H-1B3, H-2A, H-2B, H-3, L-1A, Q-1, R-1, TN |
EB-12, EB-13 EB21 EB-31 E32 EB-W3 |
CLASSES OF EMPLOYMENT-BASED PETITIONS NOT INCLUDED IN VIBE
| Non- Immigrant | Immigrant |
| O and P | EB-1, EB-2 National Interest Waiver, EB-5 |
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This publication is for general information only.It is not legal advice, and legal counsel should be contacted before any action is taken which might be influenced by this publication. Established in 1925, Gunster Yoakley is one of Florida’s oldest and largest full-service law firms. Its substantial and diversified practice serves an extensive client base of international, national and local businesses, institutions, local governments and prominent individuals. The firm maintains a strong presence in Florida with offices in Fort Lauderdale, Miami, Palm Beach, Stuart, Vero Beach, West Palm Beach, Jacksonville, and Tallahassee. Gunster Yoakley is home to more than 160 attorneys and 329 employees, providing counsel to clients through 18 practice groups including corporate, immigration, employment, technology and emerging companies, tax, banking and financial services, real estate, land use and environmental, business litigation, and private wealth services. |
