endobj endobj <> 25 0 obj endobj The reasons are listed from most common to least common. <> Generic terms (hard working, sincere, capable, leadership skills etc) must be avoided as they raise a red flag. I also have same kind of rfe. It is safe to say that few, if any, employers and positions are safe from the specialty occupation RFE. There are other requirements that may apply. Additional Evidence for Specialty Occupation, employer employee relationship RFE Sample H1B RFE Response Submitted to USCIS to get Approval It is quite a comprehensive RFE and can be very hard to get every single document that is in the above list given by them. <>/Border[0 0 0]/H/I/Rect[140.976 407.227 593.25 421.025]/StructParent 9/Subtype/Link/Type/Annot>> 6 0 obj If H1B employer cannot prove that they have specific projects … endobj <>/Border[0 0 0]/H/I/Rect[69.75 352.031 427.154 365.83]/StructParent 13/Subtype/Link/Type/Annot>> <> <> endobj 31 0 obj ***CRITICAL***. <> endobj thanks! Employers that sponsor foreign workers during this year’s H-1B visa filing season will need to spend extra time shoring up petitions to avoid the government’s dreaded requests for evidence. 3 0 obj <>stream It is worth noting that RFEs may be issued for multiple reasons. Good Day, The candidate must answer these questions with specific inputs from the group leader / manager who supervises or manages the candidate’s position. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. 14 0 obj <> The answers should be detailed and direct. <> The most common H-1B RFE reasons include: Determination of a specialty occupation H-1B visas are granted to individuals who are qualified workers in a “specialty occupation”. endobj <>/Border[0 0 0]/H/I/Rect[123.75 462.422 392.889 476.221]/StructParent 6/Subtype/Link/Type/Annot>> <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> Specialty Occupation <> I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. Availability of Work at Client Location. A specialty occupation is defined as a position that requires (1) the theoretical and practical application of a body of highly specialized knowledge, and (2) attainment of at least a bachelor’s degree in a specific specialty (or its equivalent) as a minimum entry into the occupation in the United States. 9 0 obj endobj endobj <> At TheDegreePeople.com, we have answered countless specialty occupation RFEs successfully. USCIS Reasons for Denial. Citizenship and Immigration Services (USCIS) for H-1B petitions raising questions ... Duties Beyond Level 1 and Not Specialty Occupation: This RFE is a hybrid of the first two. endobj <>/Border[0 0 0]/H/I/Rect[138.948 296.836 554.25 310.635]/StructParent 17/Subtype/Link/Type/Annot>> 2 0 obj The Specialty Occupation RFE has become the new nightmare facing H-1B beneficiaries, their sponsors, and their lawyers. Also, explain why the work to be performed requires the services of a person who has a college degree or its equivalent in the occupational field. endobj 17 0 obj endobj <> endobj 16 0 obj 27 0 obj 20 0 obj endobj endobj Sample Response to Demonstrate that the Degree is Normally a Minimum ... AILA began receiving widespread reports of Requests for Evidence (RFEs) issued by U.S. endobj In general, if the RFE states Right to Control or Employer-Employee relationship, USCIS is basically requesting letters from all parties involved (end client letter, end client contracts, prime/main vendor, mid-vendors etc) documenting their role. endobj <>/Border[0 0 0]/H/I/Rect[69.75 517.617 542.25 531.416]/StructParent 2/Subtype/Link/Type/Annot>> 10 0 obj The fact that the Wage Level I RFE has been so widespread and has targeted all kinds of employers and positions is an indication that this issue will likely linger for months or even years. endobj endobj In response to the Director's request for evidence (RFE) and on appeal, the Petitioner and vendor1 provided the following information about the Beneficiary's job duties: 2 1 The vendor's letter, dated March 24, 2016, mistakenly and repeatedly references the Beneficiary in the feminine Status update on USCIS shows that an RFE has been sent to my case. 22 0 obj <>/Border[0 0 0]/H/I/Rect[123.75 490.02 287.871 503.818]/StructParent 4/Subtype/Link/Type/Annot>> 38 0 obj Could someone share a sample document to help me prepare a response. In order to demonstrate that an H1B position is a specialty occupation, the petitioner must demonstrate at least ONE of the following four criteria: 1. <>/Border[0 0 0]/H/I/Rect[139.406 269.238 336.861 283.037]/StructParent 19/Subtype/Link/Type/Annot>> <>/Border[0 0 0]/H/I/Rect[139.868 324.434 545.25 338.232]/StructParent 15/Subtype/Link/Type/Annot>> 35 0 obj endobj <> 45 0 obj <> The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. Below is a snippet of the RFE issued by USCIS recently for Specialty Occupation listing the documents needed (All confidential and identifying information has been redacted) Notes for Practical Purposes: 1. %PDF-1.7 %������� 1 0 obj 28 0 obj help how do I tackle this ,Got following RFE:- The response is due at USCIS on or before by December 3, 2012. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others. endobj More importantly, the listings must clearly show the specific educational background required to perform the duties of the proffered position.Petitioner’s Position Announcements: Copies of the petitioner’s present and past job vacancy announcements for the proffered position listed above or similar positions with the company, specifically outlining the requirements, both academic and professional. 34 0 obj 37 0 obj I have recently got Specialty Occupation RFE for my H1B transfer, I have approved I140 and my employer applied H1B transfer with extension. Generally, physicians, professors, engineers, accountants, attorneys and similar professional occupations are less likely to be scrutinized. Have you got any response from uscis? <>/Border[0 0 0]/H/I/Rect[123.75 531.416 175.564 545.215]/StructParent 1/Subtype/Link/Type/Annot>> 39 0 obj <> <>/Border[0 0 0]/H/I/Rect[69.75 283.037 275.232 296.836]/StructParent 18/Subtype/Link/Type/Annot>> 40 0 obj Employers can provide expert opinion letter and/or a detailed statement from the company indicating Degree is normally minimum requirement Webinar: H-1B Wage Level I RFEs – Tips and Strategies for Navigating This Complex Issue Friday, October 6, 2017 at 1 pm ET. endobj 36 0 obj endobj It is critically important to understand that an RFE with above questions or a variation thereof can’t simply be answered by the lawyers or law firm hired by the employer; none of them have your subject credentials. endobj Hello,I received a Speciality Occupation RFE on H1b transfer and I have some queries.1. <> endobj A baccalaurea… 15 0 obj endobj <>stream 42 0 obj endobj This has also led to a significant reduction in H1B RFE approval. endstream 41 0 obj (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. AILA also sought USCIS records on how the wage/salary offered to the beneficiary by the employer may impact the adjudication of petitions for H-1B classification. The following is a list of the top 10 reasons USCIS issued an RFE in response to an H-1B petition in FY 2018. <>/Border[0 0 0]/H/I/Rect[69.75 393.428 218.215 407.227]/StructParent 10/Subtype/Link/Type/Annot>> However, the job listings must clearly show that the employers who published the job announcements are similar to the petitioner’s organization. [6 0 R 8 0 R 10 0 R 12 0 R 14 0 R 16 0 R 18 0 R 20 0 R 22 0 R 24 0 R 26 0 R 28 0 R 30 0 R 32 0 R 34 0 R 36 0 R 38 0 R 40 0 R 42 0 R 44 0 R] <> Could someone share a sample document to help me prepare a response. However, approval of an H1B visa can take as little as 15 days or as long as 90 days or more, depending on the backlog and number of RFE notices being issued. The employer required a candidate with at least a bachelor’s degree in computer science, electrical engineering, a closely related engineering field, or the equivalent. Submit documentation to establish how many of these employees held a Bachelor’s degree, or higher, and the particular field of study in which the degree was attained.Just to add to details, i have a Bachelor of Engineering in electronics and the proffered position is in IT, although i have few days less than 5 yrs of experience in IT.Any help is highly appreciated, and i am running out of time so, the sooner i have something substantial the better. endobj endobj 46 0 obj 29 0 obj 12 0 obj endobj <>/Border[0 0 0]/H/I/Rect[139.084 338.232 285.533 352.031]/StructParent 14/Subtype/Link/Type/Annot>> Generally, physicians, professors, engineers, accountants, attorneys and similar professional occupations are less likely to be scrutinized. 33 0 obj Executive Summary: A Specialty Occupation RFE is the most common type of RFE issued by the USCIS for an H-1B.This research paper explains what a specialty occupation RFE is and how to reduce your chances of getting one and how to respond if you do get one.Includes insights from experienced immigration attorneys:Sandra Feist (Grell Feist, PLC), Ricky Palladino (Solow, Isbell & … In addition, AILA sought recor…
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