How USCIS issues Requests for Evidence (RFE) for employment-based petition always remains a mystery. However, Validation Instrument for Business Enterprises, or VIBE, may provide us some clues.
What is VIBE?
VIBE is an internet-based tool used by the USCIS to enhance the adjudication of certain employment-based immigration petitions, such as EB-1B, EB-1C, EB-2 (non-NIW), EB-3, E-1, E-2, H-1B, L-1, Q-1, TN and so forth.
VIBE will use commercially available data from an independent information provider to validate basic information about companies or organizations petitioning to employ alien workers. Currently, the independent information provider is a company called Dun and Bradstreet (D & B) and here is the link http://www.dnb.com.
How VIBE works?
Through VIBE program, the USCIS will electronically get some information from the data base of D & B to help validating the petitioning company’s petition. The information is including:
Business activities, such as type of business (North American Industry Classification System code), trade payment information and status (active or inactive)
Financial standing, including sales volume and credit standing
Number of employees, including onsite and globally
Relationships with other entities, including foreign affiliates
Status, for example whether it is a single entity, branch, subsidiary or headquarters
Ownership and legal status, such as LLC, partnership or corporation
Company executives
Date of establishment as a business entity
Current physical address
The USCIS officer will use the information received from VIBE along with the evidence submitted by the petitioner to verify the petitioner’s qualifications. For example, in L-1 petition, the USCIS officer may use information from VIBE (now the information in database of D & B) to confirm that the petitioner has a foreign affiliate required for L-1 petition. Also, VIBE may help the USCIS officer to confirm the petitioner’s financial viability when the petition requires the demonstration of the petitioner’s ability to pay.
How VIBE relates to RFE?
When the USCIS officer finds some inconsistencies or other issues that emerge upon review of information received from VIBE that are material to the petition, an RFE rather than an instant denial will be issued.
Our suggestion about VIBE and D & B database
If a company is already registered with D&B, procure a copy of the company's D&B report at http://www.dnb.com through the "Update your Company's Profile" tab. Please carefully review and correct any inaccuracies in the D&B information. (Please note that law firm can only review whether the company is listed in the D&B database and is unable to view and correct the company's information.)
Companies should assure that the information submitted with the petitions filed on behalf of their employees is consistent and updated with the D&B information to the extent possible.
Companies are not required to register with D&B; therefore, if company is not listed in the database, you will have to provide documentation to the USCIS evidencing the company's existence and information submitted in the petition.
Companies with approved L-1 blanket petitions should consider using the approved blanket petition to process individuals for L-1 status because the individual can apply for the L-1 visa stamp directly at the U.S. Embassy or Consulate without the need to have a petition first reviewed by USCIS. A company that does not have an approved L-1 blanket petitions may wish to consider whether the company and its transferees can qualify for such benefits.
For those companies and their employees that may qualify, as an alternative to L, H or similar visa petition, the company should consider applying for E visas directly with the U.S. embassy or consulate and avoid the need to seek the USCIS prior review and approval.
(Updated 10/11/2012 by AG)
For more information on EB-1C Green Card, please refer to the following links:
For more information on EB-1 Green Card, please refer to the EB-1 Green Card information page.