Approved the day the RFE response went in online
Unlicensed designer told she needed a license
Unlicensed Architectural Designer
Background
Ms. X works as a designer at an architecture firm and does not yet hold an architect's license.
This is common in the industry: designers work under the supervision of licensed architects. She was already working in the role after the petition was filed when USCIS issued a Request for Evidence (RFE).
Challenges
- USCIS cited the California Architects Board's requirements and took the position that the role required a California license.
- Her internal job title included "Architectural," and California law bars unlicensed people from being held out as an "architectural designer."
- We had to show that her supervision by a licensed architect was real.
Strategy
- We argued that the role is not the architect occupation, and that the designer occupation listed in the petition has no licensing requirement in the Occupational Outlook Handbook.
- We explained that unlicensed employees may prepare drawings under a licensed architect's supervision, and that earning a license itself requires first gaining experience under an architect.
- We submitted emails with her supervising architect, an organizational chart and other records to document the supervisory relationship.
Case Timeline
| Date | Milestone |
|---|---|
| November 26, 2025 | H-1B transfer petition filed |
| September 16, 2026 | RFE received |
| October 15, 2026 | Original RFE response sent by express mail |
| October 16, 2026 | Package not delivered; confirmed lost in transit |
| October 19, 2026 | Switched strategy and filed the response online; approved the same day |
Closing Note
Licensing RFEs are not limited to architecture. Nursing, accounting, engineering and education all have roles that sit right next to a licensed profession. The key is to go back to the rules themselves and show whether the role actually requires a license.
Outcome
RFE response filed online on October 19, 2026 and approved the same day.