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Question

Can we remind USCIS regarding the "Preponderance of the evidence" standard in the H1B RFE response by mentioning the following words at the end?--------------Note that the standard of proof for petitions filed for immigration cases such as H-1B petitions is the “preponderance of the evidence” standard. See Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010). Thus, if the petitioner submits relevant, probative, and credible evidence that leads USCIS to believe that the claim is “more likely than not” or “probably true,” the petitioner has satisfied the standard of proof. Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm’r 1989); see also U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987) (discussing “more likely than not” as a greater than 50% chance of an occurrence taking place).-----------

User's Location: San Jose, Alabama, United States of America

Category: Employment-based Green Card