Speciality Occupation Rfe Approved

The case facts: A Computer System Analyst received a specialty occupation RFE with a level 1 wage issue. Specialty Occupation + Level 1 wage. All computer occupations not listed separately. Yes, I received it. H-1B visas are granted to qualifying persons trained and employed in specialty occupations. This happens because you might not have an advanced degree or maybe your diploma is not the right fit for the position. According to an NFAP report , denial. After they choose to participate in the H-1B program and find a foreign worker they intend to hire, employers must complete a two-step process. Interested clients and friends can register for our webinar by clicking on the link below. 회사와 변호사가 준비해서 그 주에 바로 넣으니, 8월20일경에 받았다고 업데이트가 되었고 아무 소식 없어서 불안했습니다. Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others | Foreign Credential Evaluations. As the practice of H1B filings will continue to become more complex, it is important to know how to file and document H1B cases in specific occupations to increase chances for approval. Definitions. Technically speaking. 收到的RFE receipt是五页纸,一周之后,律师给我和HR发了一个list,包括Work Example, Professor Letter, Employee char form, etc. 21 — Employers and practitioners often lament the H-1B cap and the need for a lottery when U. The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. 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. Top Reasons for an RFE There are a number of reasons why USCIS may issue an RFE. rfesp | rfesp | rfe split squat | rfe sporting goods inc | rfe spreadsheet | rfe sporting goods | rfe specialty occupation | rfe sporting goods inc home | rfe s. H1B Approval for IT Consulting Company Petitioner in New Jersey, Indian Systems Analyst Beneficiary, Specialty Occupation Issue by JP Sarmiento on May 27, 2014 CASE: H-1B Visa Petition - Response to Request for Evidence. You will see 4 wage levels. The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition. Hello all, After waiting for over 4 months, I finally received an RFE today for SPECIALTY OCCUPATION. The Floodgates of H1B RFE (Request for Evidence) are opened. This type of RFE may be issued, if your H-1B petition is filed by a specific type of business for a foreign worker in a specialty occupation not normally associated with that business type. In other words, if 100 applicants are issued H1B Visa RFE, about 38 applicants are getting NOT getting H1B Visa even after getting selected in the lottery. The regulations define “specialty occupation” as one that “requires the attainment of a bachelor’s degree or higher in a specific specialty. Success! The H-1B extension was approved for a computer systems analyst despite the difficulties involved. Currently I am in different client location and amendment filed. H1B RFE - F1 STEM OPT Maintenance of Status - Training Plan, Location. It is rare that an H-1B is approved in less than 3 months using the expedited Premium Processing. Last year, the approval rate for H-1B candidates selected in the lottery was 60%, a rate that has been declining since 2016. However, the statute and the regulations contain provisions that allow other professions to be considered specialty occupations if certain conditions are met. Upon approval and admission of the alien in H-1B status, permission to work for the employer in an approved position is granted for an initial period of three (3) years. A Request For Evidence (RFE) is made by USCIS (U. H1b Transfer rfe - Speciality Occupation, what are my chances of approval? Apple decemberki. However, a petitioner should remember that an RFE doesn't mean denial. I joined the new employer based on receipt notice instead of waiting for approval, since premium processing was not available in Aug 2017. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. should I go for the evaluation. First, they must submit to the. H-1B Status for Specialty Occupations. What are the chances for approval. It is not evident from the documentation provided that the beneficiary is qualified for any other specialty. ← CA7 upholds ineligibility for cancellation of removal due to misdemeanor "aggravated felony" conviction for "sexual abuse of a minor". 3% of H1B Visa petitions that were issued RFE has been Approved in 2018. 회사와 변호사가 준비해서 그 주에 바로 넣으니, 8월20일경에 받았다고 업데이트가 되었고 아무 소식 없어서 불안했습니다. H1B Visa Jobs / Professions / Occupations Types of Jobs and Professions that qualify for the H1B Visa Program Below is a list of all the Jobs / Occupations that qualify to get issued an H1B visa (they are Not listed in any specific preference or order). (Specialty Occupation Worker) EB-1A Petition Approved (RFE Received) for. However, the statute and the regulations contain provisions that allow other professions to be considered specialty occupations if certain conditions are met. However, the respective titles do not clarify the job function, and actually suggest sales management or other business duties rather than computer occupations. Operations Research Analyst for an Energy Company An employer changed its ownership and corporate structure partway through the employee's initial H-1B, but did not file an amended case. The RFE/NOID Memo applies to all applications, petitions, and. Number of H-1B Numbers Available Annually. Only RFE my employer seems to have doubt about is the Wage Level I which i also got. An employee can only be given a position after a successful petition by their employer if they will be working in a “specialty occupation. Concurrently, you should display your full intention and interest to be as thorough as possible in providing the information requested from you. beneficiary will be employed qualifies as a specialty occupation. Over the past three H-1B cap-subject seasons, we have seen an unprecedented. Such letters provide a detailed explanation of the educational background necessary to perform a position’s specialized duties. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. Petitions are either approved or a Request for Evidence (RFE) is issued by USCIS within that 15-day time period. Citizenship and Immigration Services (USCIS) publishes statistics on the employers that file H-1B visa petitions and the occupations that USCIS has approved for H-1B visas. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. The 'H1B' visa program is a temporary workers visa in "specialty occupations. What is a RFE? to prove a particular position in computer programming is a specialty occupation. Examples of specialty occupation include, but are not limited to, architecture, engineering, mathematics, physical sciences, social sciences. As Requests for Evidence are increasingly common, our office helped the client navigate a challenge to the “Designer” position as a “specialty occupation” (one that meets the H1-B criteria described above). The fact that the specialty occupation 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. The approval is special in that we did not handle the case from the beginning but took the case after the RFE were issued. Upon approval and admission of the alien in H-1B status, permission to work for the employer in an approved position is granted for an initial period of three (3) years. Watch this thread Start a new thread Add a post × Please submit your thread title. Rather than focusing on other common RFE scenarios, such as. Case Study: Specialty Occupation RFE for Engineer Successfully Answered The numbers show that the same specialty occupations approved for H-1B visas. Eh, at least I still have my OPT STEM. Yes, I received it. I can understand why you might have asked this question, so I believe I can answer it. These two issues often came tied together as USCIS made the assumption that occupations set at level one wages were entry level, and many of these assumed positions did not ALWAYS require a minimum of a US bachelor’s degree or higher for entry not the position. We provide you all success story of EB1A approvals with citations less than 100. These are the top 10 reasons why RFEs were issued in the FY 2018. Employed by a big-4 tech consulting firm. Hello all, After waiting for over 4 months, I finally received an RFE today for SPECIALTY OCCUPATION. 2% in 2015 to just 62. sc Maths,Physics,Chemistry (M. You will see 4 wage levels. Specialty occupation This brings us to the problem of singular degrees and specialization. When a benefit is granted or the replacement/renewal of a current card is approved, the card is generated and mailed. Requests for Evidence - The H-1B Specialty Occupation Requirement By Daniel Carpenter, Esq. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. Not to mention that the petition approval is decreasing too. A “specialty occupation” is an occupation that requires a theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The prevailing wage level is based on the employer’s minimum requirements for the position. This FAQ is targeted to RFE's sent in response to the filing of an H-1B petition, an increasingly common feature in 2019 under the Trump Administration. H1B Visa Jobs / Professions / Occupations Types of Jobs and Professions that qualify for the H1B Visa Program Below is a list of all the Jobs / Occupations that qualify to get issued an H1B visa (they are Not listed in any specific preference or order). The Specialty Occupation Expert Letter is an evaluation of a professional position to ascertain the industry standard academic prerequisites to fill such a position. The specialty occupation subcategory is by far the most used H-1b type. I got RFE on March 29th, submitted evidence around speciality occupation, employer employee relation and a missing amendment. In order to qualify as a speciality occupation the position must meet the following criteria: Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent. Employed by a big-4 tech consulting firm. " A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e. The RFE went on to state that the college education does not appear to qualify the beneficiary for a specialty occupation in computers. After I started working, the petition received an RFE to prove that the job is a Speciality Occupation, the company recently filed the response for the same. Specialty Occupation: The foremost important criteria for filing an H-1B is that the job specified in the petition should be a specialty occupation. After filing the petition, the local immigration attorney received an extensive Request For Evidence (RFE) asking for proof that the position of CFO/Controller was a "specialty occupation" qualifying for H1B treatment, proof that the employer was a legitimate business, proof that the position offered was a qualifying position and that. to work in a variety of fields including accounting, architecture, engineering, modeling, and medicine and health. 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. Along with this, the approval rate for cases that received an RFE dropped from 83. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. Below are four common RFEs you need to know about because it is likely the RFE your client received is one of them. Evidence of certification or registration for the beneficiary from a nationally recognized professional association or society for the specialty that is known to grant certification or registration to persons in the occupational specialty who have achieved a certain level of competence in the specialty 4. USCIS asked us to prove two things: (1) that the position requires a bachelor's degree and (2) that the submitted labor condition application (LCA) corresponded with the position. Oftentimes the reason for the RFE is changing CIS approval trends. We highlighted the fact that the position of a computer systems analyst met more than one of the H-1B requirements for a specialty occupation. If you are considering an H-1B petition for a job that does not have a very simple link to a particular degree, talk to an immigration attorney to brainstorm. H-1B visas are granted to qualifying persons trained and employed in specialty occupations. § 1184(h)(i)(1)(A)–(B). Foreign workers such as engineers, teachers, computer programmers, medical doctors, and physical therapists may be employed under the H-1B, H-1B1, and E-3 visa classification. Beneficiary Qualification 5. At the University of Colorado Denver | Anschutz Medical Campus, these positions include, but are not limited to:. Petitions are either approved or a Request for Evidence (RFE) is issued by USCIS within that 15-day time period. The volume of requests for evidence increased significantly and USCIS began to be more demanding in the types of documentation requested to qualify for the program. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. - RFE had intend to deny and asked for Client letter, Previous work details and speciality occupation - July 30, 2019, previous employer revoked h1b - August 22, 2019 RFE submitted - September 4, 2019 transfer denied, for speciality occupation (got the receipt today). • Duties Beyond Level 1 and Not Specialty Occupation: This RFE is a hybrid. Also, premium processing compels the USCIS to reply within 15 business days and they are unable to 'extreme vet' in this limited, hence put the case in RFE to buy more time. Your employer has to prove that the job requires special skills and at-least a masters degree and then have to prove how you fit that job description. The H-1B visa is for specialty occupations with U. These jobs are classified as those which require advanced knowledge and expertise in specialty fields such as science, technology, engineering, mathematics, medicine, accounting, architecture, etc. Choose our lawyers to RFE success approval. 회사와 변호사가 준비해서 그 주에 바로 넣으니, 8월20일경에 받았다고 업데이트가 되었고 아무 소식 없어서 불안했습니다. Specialty Occupations. 3% in 2018 with a massive spike in the overall rate of RFE responses from USCIS. Definitions. In September 2017, the Trump administration issued a presidential proclamation that imposes travel restrictions on foreign nationals from Chad , Iran, Libya , North Korea, Somalia, Syria, Venezuela and Yemen. When the WRONG expert writes it, even if the letter is detailed, USCIS denies the visa. The USCIS will use this document to determine whether or not a new business is staying ahead of their financial dealing, whether or not they’re in good. To qualify for it, you must meet one of the following three education requirements: You hold a bachelor's or higher degree in the specialty occupation from an accredited college or university. Citizenship and Immigration Services (USCIS). 12월에 한국 방문 예정이 있었는데, 아무 소식이 없어서. The 'H1B' visa program is a temporary workers visa in "specialty occupations. The Trump administration has taken a hard line with H-1B specialty occupation visas, focusing largely on the IT industry. - HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE LEVEL I AND SPECIALTY OCCUPATION REQUEST FOR. The current administration has imposed strict rules to abide by it. bachelor’s degree or higher degree in the specific specialty, or its equivalent. Below are four common RFEs you need to know about because it is likely the RFE your client received is one of them. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success. Market Research Analyst as a Specialty Occupation At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. Specialty Occupation If it is not clear to CIS that your client's job is a specialty occupation - one that requires a minimum of US bachelor's degree or its foreign equivalent - this is the kind of RFE that will be issued. 저도 같은 상황에 있었는데 포트폴리오 새로 만들어서 변호사에게 보내고 비자 받았습니다. Department of Labor regulations about occupations and minimum salary requirements. Next, we had to submit a timely Response to Request for Evidence (RFE) that fully addressed USCIS’ doubts on the position being a specialty occupation, which is a key H-1B requirement. These are historically very high denial rates and clearly USCIS is seeking more information to qualify as a specialty occupation position. First, we had to file the petition in early April 2017 for it to be randomly selected in the H-1B lottery and reviewed on the merits. Specialty Occupation는 제일 쉽게 보내는 RFE라서 추가서류 열심히 준비하시면 approve 받을 가능성이 높습니다. H-1B Status for Specialty Occupations. Please let me know if you know of anyone who got RFE on specialty occupation (for IT project manager) and got approved? If so, please provide some guidance on how to document this? thank you. How is your immigration attorney replying to H1B Specialty occupation RFE? What data points are you presenting to USCIS to prove that your job is a specialty occupation? Did anyone get their 797 aproval notice after Specialty occupation RFE?. To conclude, as indicated above, showing that a given job offer qualifies as a "specialty occupation" is already one of the most difficult and complex parts of the entire H-1B system. The petition may be extended thereafter for a maximum period of six (6) years. New data from U. Jul 26, 2018 37 Rfe for speciality occupation? Jul 27, 2018 0. Hello all, After waiting for over 4 months, I finally received an RFE today for SPECIALTY OCCUPATION. I can understand why you might have asked this question, so I believe I can answer it. My company has apllied for H1b for a business intelligence analyst position in dallas this year and I got my RFE last week. Specialty Occupation RFE Solutions Amidst Changing H-1B Approval Trends. Introduction. Hi, My my new employer applied for a H1b transfer and extension and I received a RFE for this application citing details on Specialty Occupation. Globalization, a growing economy, and a complex tax and regulatory environment are expected to continue to lead to strong demand for accountants and auditors. We have submitted education evaluation letter(for B. The H-1B category is designed for what the Immigration and Nationality Act (INA) regards as "specialty occupations". The beneficiary appears to be qualified for a specialty occupation in the field of mathematics. Donno these days. The volume of requests for evidence increased significantly and USCIS began to be more demanding in the types of documentation requested to qualify for the program. We have a team of lawyers has experience in different RFE programs of H1b visa holders. The H-1B is a non-immigrant visa that allows U. Hi, My my new employer applied for a H1b transfer and extension and I received a RFE for this application citing details on Specialty Occupation. should I go for the evaluation. Many of these denials were related to lack of proof for specialty occupations. Specialty Occupation In order to qualify for an H-1B, you have to show that the proposed position is what's called a "specialty occupation. H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE and how to deal with the Level I Wage RFE. So, even if you do MS, you cannot eacape the specialty occupation RFE. Trump made an overhaul of the H-1B program part of his campaign platform in the wake of earlier reports of U. Unless a person is running of time in H-1B status, the H-1B petitioner can request up to three years of H-1B status for the H-1B beneficiary (employee). :confused::confused: I am a full time employee in one of the most reputed companies within our industry and also my work is quite relevant to the field in which I completed my Master's degree from one of the most renowned universities in US. (See the "Characteristics of H-1B Specialty Occupation Workers" reports available at www. Watch this thread Start a new thread Add a post × Please submit your thread title. If you apply for an H1B transfer for a job offer that you got, but cannot prove you have the qualifications for it, your transfer will be denied. A specialty occupation is defined as a position that requires at least a Bachelor's degree in a specific field and theoretical and practical application of a body of highly specialized knowledge in order to perform the job duties. com, please fill out an application form, or contact us on:. Notably, H-1B petitions received between October and December were issued RFEs at a 60. This means that the DOL considers that position to be a Specialty Occupation). common h-1b rfes and how to address them Jun 19, 2015 When U. Below are four common RFEs you need to know about because it is likely the RFE your client received is one of them. It seems that more and more H1B petitions end up with an RFE. It is worth noting that RFEs may be issued for multiple reasons. Donno these days. Chances of H1B Specialty Occupation RFE Approval? The chances of H1B specialty occupation approval are 30%. How we handle H-1B sponsorship is informed by both Federal regulations and USC's internal institutional policies and systems. Specialty Occupations. 3% in 2018 with a massive spike in the overall rate of RFE responses from USCIS. Number of H-1B Numbers Available Annually. " Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business. Therefore, you may receive a H1B RFE requesting petitioner's information such as employer's federal tax id number, wage reports, etc. For any H-1B visa to be approved, each applicant must be employed in a “specialty occupation,” and the employer agrees to remain in an employer-employee relationship with the visa holder for the duration of the visa’s validity period. USCIS wants to see that there is enough specialty occupation work (that requires at least a bachelor's degree) available for the H-1B beneficiary and that H-1B beneficiary will not perform other non-specialty occupation tasks. H-1B Status for Specialty Occupations. Check out the next three topics of the above in out next part of common H1B RFEs reasons part 2. Benching rule 20 CFR §655. We are here for you until you receive visa approval as a U. Please let me know if you know of anyone who got RFE on specialty occupation (for IT project manager) and got approved? If so, please provide some guidance on how to document this? thank you. But what is a specialty occupation?. Rather than focusing on other common RFE scenarios, such as. A worker must show proof that they have maintained status as an employee working in a specialty occupation by submitting pay statements. The only way to gain approval for an H1B visa is to demonstrate that the beneficiary is qualified for a specialty occupation. Do not be dismayed if you are issued an RFE (Request for Evidence) from the USCIS. By June 30 of this year, the agency had approved 59 percent of H-1B petitions, although that number is incomplete because it does not take into account the last three months of the 2017 fiscal. Currently I am in different client location and amendment filed. I just obtained approval after replying to this type of RFE for two change of employer cases! I successfully argued the duties and requirements established the position as a specialty occupation, and also documented the USCIS and DOL regs and cases relating to wage levels, that wage level determination is DOL bailiwick and not related to immigration requirements. Specialty Occupation: The foremost important criteria for filing an H-1B is that the job specified in the petition should be a specialty. Another point that USCIS considers is whether the petitioner has the need for the position of H-1B beneficiary. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. The prevailing wage level is based on the employer’s minimum requirements for the position. You may receive the RFE through the U. This happens because you might not have an advanced degree or maybe your diploma is not the right fit for the position. These jobs are classified as those which require advanced knowledge and expertise in specialty fields such as science, technology, engineering, mathematics, medicine, accounting, architecture, etc. Bookmark the permalink. H1B RFE Wage Level 1 Approval Story 9/28/2017 USCIS has finally issued a decision on an H1B petition where we were challenged on the validity of selecting wage level 1. US H1B work Visa is designed to attract skilled professionals in a specialty occupation to work in the U. The chance of getting approved for an H-1B is continuing to decline as the Trump administration continues its crackdown on the specialty occupation visa program. Approximately 23% of the RFEs assessed fit this pattern. The H-1B visa (or "Specialty Occupation" visa) is one of the most popular temporary worker visas, used for those in professional or specialty occupations. Even though an RFE may not seem like good news, it is best to think of it as an additional opportunity to secure an approval. Many of the Requests for Evidence received by over 25% of H-1B petitions involve the question as to whether or not the position meets the criteria of a specialty occupation. It is 75% at this moment, while it used to be around 90% four years ago. " This type of RFE may ask for more details about the kind of work the visa holder will be doing, to ensure that it is truly a "specialty" occupation. These RFE's are a new tactic from the Trump administration. proffered position is a specialty occupation. SOC code is 15-1132 and wage level is 4. Specialty Occupation In order to qualify for an H-1B, you have to show that the proposed position is what's called a "specialty occupation. I got RFE on March 29th, submitted evidence around speciality occupation, employer employee relation and a missing amendment. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. Did you miss a notice about your pending case with USCIS? While your case is pending, we may mail you notices such as a request for additional evidence or a decision notice. The only way to gain approval for an H1B visa is to demonstrate that the beneficiary is qualified for a specialty occupation. USCIS wants to see that there is enough specialty occupation work (that requires at least a bachelor’s degree) available for the H-1B beneficiary and that H-1B beneficiary will not perform other non-specialty occupation tasks. Specialty Occupation If it is not clear to CIS that your client’s job is a specialty occupation – one that requires a minimum of US bachelor’s degree or its foreign equivalent – this is the kind of RFE that will be issued. Many of the Requests for Evidence received by over 25% of H-1B petitions involve the question as to whether or not the position meets the criteria of a specialty occupation. H-1B is a "specialty occupation" work visa. 3% of H1B Visa petitions that were issued RFE has been Approved in 2018. • Version three combines both issues. RFE stands for Request for Evidence and is issued by the USCIS prior to a final decision (approval or denial) of a petition or application. Select the County, Select the Occupation, click Search, (note that H-1B Occupations should have an O*Net™ JobZone of 4 or higher. 后2 天就收到rfe,而且是speciality occupation 的rfe,提供详细的job description, organizational chart 等。人家都说speciality occupation 的rfe 要求很高的,把我紧张坏了。那时就怕公司不给协助,我自己写那些本来该hr 写的材料,写的很详细。 由于律师爱拖拉,把我急死了。. Eh, at least I still have my OPT STEM. We follow CIS approval trends, and work regularly with H1B cases and their RFEs. It is worth noting that RFEs may be issued for multiple reasons. definition of “specialty occupati on” requires that the proffered position have a minimum entry requirement of a U. Like this thread 0 0. Over the last year, we have seen a marked increase in the number of Requests for Evidence ("RFEs"), Notices of Intent to Deny ("NOIDs"),issued on H-1B petitions based on USCIS' assertion that the position does not qualify as a "Specialty Occupation" position. Got RFE on specialty occupation. It is worth noting that RFEs may be issued for multiple reasons. Tech (CSE) in India and Masters in USA. Specialty Occupation In order to qualify for an H-1B, you have to show that the proposed position is what's called a "specialty occupation. When the WRONG expert writes it, even if the letter is detailed, USCIS denies the visa. The following is a list of the top 10 reasons USCIS issued an RFE in response to an H-1B petition in FY 2018. " A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e. Evidence of certification or registration for the beneficiary from a nationally recognized professional association or society for the specialty that is known to grant certification or registration to persons in the occupational specialty who have achieved a certain level of competence in the specialty 4. Hi, My H1B extension with 2 RFE's pending, I140 approved I am in a very critical stage in the H1B extension process. 00 - Computer Occupations, All Other. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. O*NET data is not available for this type of title. Watch this thread Start a new thread Add a post × Please submit your thread title. As the H1-B season approaches, petitioners are gearing up towards filing for H1-B visa. Secures Approval of H-1B Petition that was Previously Denied When Filed by Another Law Firm June 23, 2014. Focus is on speciality occupation: An H-1B visa is a temporary non-immigrant work visa for professional workers in speciality occupations, which require a minimum qualification of a bachelor's degree. 15, 2019 "The USCIS continues to strictly scrutinize H-1B petitions. Employed by a big-4 tech consulting firm. To conclude, as indicated above, showing that a given job offer qualifies as a "specialty occupation" is already one of the most difficult and complex parts of the entire H-1B system. Specialty occupation This brings us to the problem of singular degrees and specialization. It is rare that an H-1B is approved in less than 3 months using the expedited Premium Processing. Market Research Analyst as a Specialty Occupation At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. The specialty occupation subcategory is by far the most used H-1b type. • Duties Beyond Level 1 and Not Specialty Occupation: This RFE is a hybrid. " A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e. The job must meet one of the following criteria to qualify as a specialty occupation: Bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the position. Request for Evidence, often referred to as an RFE, is a response made by the USCIS to your H-1B application. Employer-Employee Relationship 3. Specialty Occupation: The foremost important criteria for filing an H-1B is that the job specified in the petition should be a specialty. H-1B Approval for Media Design Company Petitioner, Albanian Beneficiary in California, Graphic Designer Position, Specialty Occupation Issue by JP Sarmiento on December 10, 2010 CASE : H-1B Visa Petition - Response to Request for Evidence. I am referring to an Expert opinion letter stating that the DBA job along with duties requires someone with a BS degree and related experience (I am assuming the RFE is for Specialty Occupation and I do not know the content of the actual RFE, it could be they just asked how beneficiary qualifies AND/OR why this job it self needs someone with a. Now it seems appropriate to analyze the various possible strategies for responding to these RFEs, of which there are many potentially viable actions a. Operations Research Analyst for an Energy Company An employer changed its ownership and corporate structure partway through the employee’s initial H-1B, but did not file an amended case. As I heard now a days this rfe is common and also way for the denials. Academic Evaluations. Data do not include State Department or Custom s and Border Protection L-1 adjudication statistics. In most cases many applicants are denied even before they are given an RFE. We provide you all success story of EB1A approvals with citations less than 100. First, they must submit to the. Sometimes it's no one's fault. RFE1) RFE in specialty occupation Progressively responsible experience. As a result, an H-1B petition filed under this category is likely to see specialty occupation scrutiny, although, as we discuss below, there are many legal and factual arguments that can be made in an initial filing and during an RFE response to make the case and obtain an approval. 2% in 2015 to just 62. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. - HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE LEVEL I AND SPECIALTY OCCUPATION REQUEST FOR. should I go for the evaluation. Do you want to get H1B Visa application approved without RFE? Then you have to read this article. For any H-1B visa to be approved, each applicant must be employed in a “specialty occupation,” and the employer agrees to remain in an employer-employee relationship with the visa holder for the duration of the visa’s validity period. ” 8 CFR § 214. This trend is echoed across the entire H-1B visa program, with overall approval rates. The employment must be approved in advance by the USCIS in the United States on the basis of a Form I-129 petition, filed by the United States employer. Recent H-1B success stories. It was a sophisticated device weighing approximately 20 kilos of plastic explosives affixed to the wall at ground level near the Czechoslovak Service. After successfully overcoming this challenge, the H1-B was granted and the client’s visa approved. My company has apllied for H1b for a business intelligence analyst position in dallas this year and I got my RFE last week. The H1B visa is a specialty occupation, work visa. Written by Henry J. " A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e. Thanks a lot josedai and solta bros for your insights and suggestions. These two issues often came tied together as USCIS made the assumption that occupations set at level one wages were entry level, and many of these assumed positions did not ALWAYS require a minimum of a US bachelor’s degree or higher for entry not the position. Your employer has to prove that the job requires special skills and at-least a masters degree and then have to prove how you fit that job description. Jul 26, 2018 37 Rfe for speciality occupation? Jul 27, 2018 0. Application Focus The final business plan is updated in order to be consistent with your visa application. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent. In this video, a brief explanation of how the petition was approved is provided. Focus is on speciality occupation: An H-1B visa is a temporary non-immigrant work visa for professional workers in speciality occupations, which require a minimum qualification of a bachelor's degree. Donno these days. An H-1B visa or status can be denied or refused because the offered employment does not qualify as a "specialty occupation. This webinar will provide an analysis of current RFE trends and how to beat the USCIS's RFE and get your case approved. Please contact Ramchand & Raval at [email protected] We have a team of lawyers has experience in different RFE programs of H1b visa holders. The trick is to get both right. RFE to prove Specialty Occupation. Below is what they asked in summary and copy of the actual RFE issued by USCIS with the required documents. Hi, My my new employer applied for a H1b transfer and extension and I received a RFE for this application citing details on Specialty Occupation. Watch this thread Start a new thread Add a post. 10 Points to remember when answering a RFE (Request for Evidence) By: Shah Peerally Esq. Sometimes it's no one's fault. The DOL's Occupational Outlook Handbook is often consulted to determine whether the position offered qualifies as a specialty occupation. Can you please share the doc the you submitted. It is 75% at this moment, while it used to be around 90% four years ago.