H1b rfe specialty occupation sample

I have already been rejected with my L1 Visa in 2012. That means now it is RFE season. For licensure, some states require high education or equivalent training, but not necessarily a bachelor's degree. N/A to large H1B dependent companies. Though I am yet to receive the complete details on this RFE from the Immigration team, this is what they sent across " We require an updated Onsite Position Description particular to specialty occupation requests. My company is processing the visa through BAL Global. Your client's employer must be economically viable and pay the H1B worker the prevailing  2 Jan 2014 Proof of Specialty Occupation: This is another RFE that will come up once in a while. There are also reports of RFEs where a Level 2 wage was  Jan 2, 2014 Proof of Specialty Occupation: This is another RFE that will come up once in a while. what  Hi, My company recently applied for H1B visa for me and I got selected in the lottery. The candidate must hold that degree in the exact field of employ or its foreign equivalent. Anyone going through 18 Dec 2014 Therefore, you may receive a RFE requesting information like the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. . As the . This type of RFE gives the USCIS officer  16 Oct 2017 - 3 min - Uploaded by USCES SupportAt USCES. Employer asked to provide 5 Page details. Below is a sample Request for Evidence that a petitioner could expect. Over one in four H1B petitions receive and RFE, which is a drastic increase from just less than ten years ago, but not a new trend for the past few years. Gupta was extremely fortunate to receive an RFE instead of a denial since either mistake is usually deadly to an H-1B case. Sep 4, 2017 The RFE raises the claim that (A) a Level 1 (entry level) wage is not appropriate given the complexity of the job duties described, or (B) the position is not a specialty occupation because the Level 1 wage indicates that the position is " entry level". S. This should be applied to IT/IT and SOF filings. Hasan prepared a draft for RFE with expertise and added third party credentials. The number of H1B petitions filed has skyrocketed while the number of annual visas available  Remember, the candidate's job must be a specialty occupation requiring a US bachelor's degree or higher or its foreign equivalent to perform. com. H-1B is a non-immigrant status that allows U. Please provide an  Dec 18, 2014 Therefore, you may receive a RFE requesting information like the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, etc . Though I am yet to receive the complete details on this RFE from the Immigration team, this is what they sent across " We require an updated Onsite Position Description particular to specialty occupation requests. employers to offer temporary work to qualified foreign individuals in specialty occupations and other qualified employment  The simplest example is where there is traditional, onsite employment (where the H1B worker is employed directly at the end-client work site). 13 Mar 2011 The H1B status is for foreign workers who will hold specialty occupations. The USCIS may suspect that the beneficiary will not be placed in a specialty occupation but rather in a position that requires less of his or her skills, and that the beneficiary will find other  26 Oct 2017 Needs of the Petitioner for the Services of the Beneficiary: This RFE is issued when the sponsor's business is not directly related to the specialty occupation listed. Case results The H-1B regulations say that a position qualifies as a specialty occupation if the position meets at least one of the four prongs below: . 12 Mar 2015 H1-B visa season is approaching, so make sure you prepare all the necessary supporting documentation for filing for H1B specialty occupation visa. Determination of a specialty occupation- H1B visas are granted to individuals who are qualified workers in a “specialty occupation”. An employee  18 Apr 2016 H1B filing season is over. Computer programmer is not in and on itself a "specialized occupation" with the new memo. . USCIS March 31, 2017 Policy Memorandum, Guidance memo on H1B computer related positions AILA's analysis of 187 RFE examples show that “Level 1 RFEs for Job Zone 4 occupations tend to. Is that the reson for me to  For example, professional acupuncturists are primary health care providers who diagnose and treat disease. --------------------------------------------------- Right to Control As an employer who seeks to sponsor a temporary worker in an H-1B specialty occupation, you are required to establish by a preponderance of the evidence that a valid employer-employee  19 Jun 2015 While an RFE can touch on any aspect of the petition, three of the most common issues brought up in RFEs are beneficiary qualifications, whether or not the offered positon is truly a “specialty occupation,” and the employer's right to control the employee. At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. Part I – Overview of the H1B Nonimmigrant Work Visa. ) The Policy Memorandum Clearly Places the Burden on Employers to Prove That Positions Qualify for H-1B Specialty Occupation Classification. An example of this type of RFE is as follows: “If the beneficiary will be working on an in-house project. As a Database Administrator (Internal: ORACLE SOA  Feb 9, 2015 Some examples of positions that might receive a specialty occupation challenge by the USCIS include coaches, marketing analysts/managers, business managers, administrative assistants/coordinators, recruiters, nurses, certain computer programmers and technicians, realtors, certain healthcare  Oct 6, 2017 Suresh, I received the RFE on 11/2/2017 regarding Specialty occupation and Beneficiary Qualification. ❖ Examples of Specialty Occupations o Engineer o Computer Scientist o Physician o Professor o Accountant o Teacher o Teacher  4 Apr 2017 The given example sounds very odd though (apparently only programmers who were working for a company who's specialty was _not_ software were eligible for the 2-year degree rule). You also would need to  Here's a very small sample of notable reviews that reflect these qualities. The number of H1B petitions filed has skyrocketed while the number of annual visas available  Someone I know had their H1B picked in the lottery, but now has an RFE to further explain what a 'quality engineer' is. Oct 19, 2017 Addressing USCIS's argument that Wage Level 1 is not appropriate for a specialty occupation . Will H1B get approved? 26 Mar 2012 Mr. They have asked me for the detailed professional experience letter and university transcripts. Please help me. I got my RFE about Specialty Occupation for Web application developer in med sized company. Could you please email me the sample documents at gurvinder223@gmail. More specifically, in some cases where the employer has used a level one wage for the prevailing wage, USCIS has issued an RFE stating that “wage level 1 positions are typically not  An example of this potential challenge would be a petition for an H1B visa for a financial planner who will work for a construction business. Certified Public Accountant position with an accounting firm. org, we provide expert opinion letters to respond to USCES H1B Request for 21 Jan 2015 The director denied the petition, concluding that the petitioner did not establish that the proffered position is a specialty occupation in accordance with the . For complex and time-sensitive H-1B cases (or any complex RFE requests from USCIS), outside legal counsel will be retained to maximize the chances of H-1B being approved. Is that the reson for me to  The Sample Job Description may be used as an Oracle DBA Job Description to Evident that a DBA falls under the "Specialty Occupation" This description is general in nature for Oracle DBA/Apps DBA/SOA, please make changes as necessary. A legitimate need must then be shown for the services of the foreign worker in  10 Nov 2015 Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U. I received this RFE 1st times in 12 years. For example, Software Engineer has been continuously recognized by USCIS as a specialty occupation even though the position may be filled by professionals holding  Expert opinion letters can be an essential part of an immigration application. Mar 26, 2007 For example, a bachelor's degree in Accounting is normally a minimum prerequisite for a. Research Analyst and related occupations where USCIS questions whether the job offered is a “specialty occupation,” CSC issued a very generic RFE template  Someone I know had their H1B picked in the lottery, but now has an RFE to further explain what a 'quality engineer' is. sufficient specialty occupation work for the requested period. 7 Oct 2010 The H-1B “In-House” Request for Evidence (“RFE”). I-140 Approved in 2011. As expected, we received a Request for Evidence (RFE) a month later, questioning the specialty occupation issue. In order to  Apr 18, 2016 H1B filing season is over. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether the beneficiary's degree is in a  28 Jul 2017 Immigration practitioners have already seen a trend in this direction, with more requests for evidence (RFE) for lower-level professional categories, increased The memo also affirms that the petitioning employer has the burden of proof to show that the position is a specialty occupation and inconclusive  What is H1B Specialty Occupation? An H-1B temporary worker is admitted to the United States to perform services in a “specialty occupation. I applied for Transfer extension. For example a H1B candidate needs to have a 4 year degree either in engineering or . There is no evidence to demonstrate that this SOW has been extended and that specialty occupation work will be available for the beneficiary throughout the requested Generally attorneys who do H1B petitions are familiar with these issues. 22 Jan 2015 Since posting that article last year, a new trend has come to our attention in connection with specialty occupation RFEs. For example, one employer came to us after receiving an RFE on this issue. The law limits issuance of an H-1B visa to those seeking to perform services in a “specialty occupation” or as a fashion model. Thereafter, in response to our RFE, the petitioner provided a letter which altered the requirements of the position as stated in the original submission. JOB DESCRIPTION. This is yet another example of a poorly  For example, when a small import company with 4 employees, three of them sales, petitions for a financial analyst, although the petition may be considered a Specialty Occupation, USCIS may request evidence that employer's financial state requires the service of a financial analyst. We had a very complicated H1B RFE regarding specialty occupation, Bachelor degree requirement, hiring practice, company description and paystubs. But Mr. Examples of specialty occupation include, but are not limited to, architecture, engineering,  The H-1B is a nonimmigrant visa status that allows a nonimmigrant to work temporarily for a specific employer in a “specialty occupation”. The agency based its policy reversal largely on the fact that entry-level  18 Aug 2016 In February of 2016, Ms. For example, an entry-level Civil Engineer must have a Bachelor degree in Civil Engineering. A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bach 26 Mar 2007 For example, a bachelor's degree in Accounting is normally a minimum prerequisite for a. This direct employment typically . 24 Jan 2012 To establish a specialty occupation, generally the employer must demonstrate that the duties a specialty occupation by show that they normally require a degree for the position, the USCIS will typically . For example a H1B candidate needs to have a 4 year degree either in engineering or  31 Jan 2014 The true case examples used below are used for illustration purposes. The USCIS wants proof that the H1B employee does have experience and education related to or equivalent to the job being offered. Please provide an  14 Oct 2017 (2) A position described in Wage Level 1 LCA is not specialty occupation because it is entry-level position where a bachelors degree is not normally required The motivation and legal justification behind this RFE is also unclear, but it is very possible that USCIS is relying on (1) the March 31, 2017 policy  3 Jun 2016 A Request for Evidence (RFE) may follow virtually any type of petition but the scope of this article will focus on requests for evidence on an I-129 A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b)  Expert opinion letters can be an essential part of an immigration application. (See “Guidance memo on H1b computer related positions” (dated December 22, 2000) from Terry Way. BENEFICIARY QUALIFICATIONS. My supervisor wrote a detailed. X came to our firm, interested in applying for cap-subject H1B. My c. ” The H-1B nonimmigrant classification is a vehicle through which a qualified individual may seek admission to the United States on a temporary basis to work in his or her field of  If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of I've always been of the opinion that CIS RFE templates are illegal because they violate the Paperwork Reduction Act. Q: What is a specialty occupation? A: A specialty occupation requires theoretical and practical application of a body of specialized knowledge and at least a bachelor's degree or its equivalent for entry into the occupation in the U. The term For example, a candidate for a public relations manager position may hold a degree in public relations, but USCIS generally holds that the occupation does not  24 May 2009 Request for Evidence (RFE) query on H1B Visa 2010 Petition. This response is a way for them to garner furthe. However, I received Request for Evidence (RFE) notice from USCIS. Translation: USCIS doesn't  I received an RFE to prove that the proffered position is in fact a "specialty occupation" the sooner i have something substantial the better. As a Database Administrator (Internal: ORACLE SOA  For example, professional acupuncturists are primary health care providers who diagnose and treat disease. For example, the individual has a Bachelor's Degree in Accounting, and 10 years of experience in software engineering, and seeks to obtain an H-1B visa for a In this situation, we must obtain copies of all transcripts or certificates obtained as well as proof of work experience in the specialty occupation and attempt to  USCIS questioned that the job does not qualify as specialty occupation because the position falls within the category of HR Managers, and, as such, no specific We argued in the RFE using decided cases that USCIS should take into account the nature, scope, and size of the Petitioner's business enterprise along with  9 Feb 2015 Some examples of positions that might receive a specialty occupation challenge by the USCIS include coaches, marketing analysts/managers, business managers, administrative assistants/coordinators, recruiters, nurses, certain computer programmers and technicians, realtors, certain healthcare  The employment-based immigration community has recently encountered an unprecedented wave of USCIS Requests for Evidence (RFE's), and similar challenges… 18 Feb 2016 H1b petition was filed in Premium processing, On day 14 I got an RFE . Nov 21, 2015 Hi, My Petition is in RFE Specilaity Occupation category from June 13, 2014. http://h1bsupport. For example, if an IT worker is being hired by a car manufacturer. Thanks for your efforts helping us. com/entry/h1b-client-letter-affidavit-sample-letter#sthash. Anyone going through Oct 25, 2017 Request for Evidence, often referred to as an RFE, is a response made by the USCIS to your H-1B application. Specialty Occupation. When the H-1B beneficiary will be placed on an in-house project at the employer's location, USCIS will ask that the employer prove the petitioner has sufficient “specialty occupation” work for the beneficiary on the project. For licensure, some states require high education or equivalent training, but not necessarily a bachelor's degree. According to USCIS policy, whether an acupuncturist is a specialty occupation depends on the state  Sample H1B Expert Opinion Letter - Specialty Occupation. According to USCIS policy, whether an acupuncturist is a specialty occupation depends on the state  The Sample Job Description may be used as an Oracle DBA Job Description to Evident that a DBA falls under the "Specialty Occupation" This description is general in nature for Oracle DBA/Apps DBA/SOA, please make changes as necessary. for an H1B petition including: - establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;. With an experienced network of university professors and industry experts, Morningside can complete expert opinion letters in a wide range of fields and for a variety of immigration-related purposes, including initial visa petitions, responses to  Feb 18, 2016 H1b petition was filed in Premium processing, On day 14 I got an RFE . With an experienced network of university professors and industry experts, Morningside can complete expert opinion letters in a wide range of fields and for a variety of immigration-related purposes, including initial visa petitions, responses to  14 Jun 2012 At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. In order to  Information from Immigration Law Associates on H-1B specialty occupations; specialized degree requirements; job descriptions; RFE responses. 21 Nov 2015 Hi, My Petition is in RFE Specilaity Occupation category from June 13, 2014