Here are the details and timeline, USCIS Location - Vermont Processing Center. 2) Evidence to provide that degree req is common to industry. Your help is highly appreciated. The reasons including but not limited to: Level 1 Wage — entry-level salary would not suffice for H1B application; The position offered typically does not require a … H1 RFE - Specialty Occupation. If you list the minimum Degree requirement as a Bachelor's Degree in Business Administration, it is possible that you will receive an RFE (Request for Reasons for RFE. H1B Amendment and Extension RFE Specialty Occupation Posted: 09 Jul 2020. Employment - Full Time (No consulting) Role - Sr Business Analyst. During the H1B visa application process, this type of employment has a higher chance of receiving the H1B employer employee relationship RFE. This is because USCIS has raised its standards of proof without a new law or regulation, and without notice. I got RFE for Speciality occupation. If you do receive a specialty occupation RFE, there are multiple ways to successfully address the RFE. It is imperative to consider a prospective Specialty Occupation RFE at the start of any H-1B petition preparation. 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. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. Hello, Good Morning. Any job could come under the H-1B visa requirement as long as it is a graduate level job., My attorney worked with me on details and provided a very detailed response. H1 RFE - Specialty Occupation ; Q&A. Therefore, you may receive a H1B RFE requesting petitioner’s information such as employer’s federal tax id number, wage reports, etc. Specialty Occupation. Reason is the dreaded "Specialty Occupation", reading online makes it seem like this is the end of the road, as this is hard to reverse. RFE on Specialty occupation got denied on 11th Dec. Otherwise, you may jeopardize your status and delay your H1B Visa processing time. 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. H1b extension filed: May 31st, 2018. But what is a specialty occupation? Employers of H1B candidates with borderline jobs can choose a job from the OOH that emphasizes a central aspect of the occupation that requires a US bachelor’s degree or its equivalency or higher. The H-1B adjudication process includes RFE response time, followed by possible appeal or motions to reopen or reconsider of a denied petition, followed by possible additional litigation. Many of these denials were related to lack of proof for specialty occupations. The reasons are listed from most common to least common. Employers should first work with their attorney to determine the best-suited Standard Occupational Classification (SOC) code. Right? 1. My spouse is working on H4 EAD and is valid until December 2020 My employer filed amendment and extension for the same client having location change. In order for an employer to obtain an approval for an H1B petition, the offered position must be a specialty occupation. Depending on your situation as an employee, you can have level 1, 2, 3 or 4. On 12/4/2017 at 4:34 PM, m.k.selvakumar said: @ venkatramrm@gmail.com @Sureshkumar46 @Karn89 Could you please share … Therefore, you may receive an RFE requesting information like the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. Employers can provide expert opinion letter and/or a detailed statement from the company indicating. RFE for specialty occupation. Please let me know how you would like to proceed further. H1B RFE : Employer – Employee Relationship, Specialty Occupation, Work Itinerary, etc. Specialty Occupation + Level 1 Wage. If the foreign worker doesn’t fulfill a job description of a specialty nature with specialized knowledge and skill set, he is issued an RFE. I got an RFE from USCIS asking to describe the Job Roles and Responsibilities ,education qualifications. New H1b RFE for specialty occupation: The following is what they requesting 1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart. Thanks. An immigration attorney with experience and knowledge of the H-1B classification and current trends can help make sure that you submit the strongest response possible. As the H1B RFE approval rate has lowered to a concerning percentage, it is important to address your request for evidence appropriately and respond to each and every question in detail to reduce your likelihood of a denial. 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”. Specialty occupation RFE and Approval. So recently I switched jobs, and had to transfer my H1B. H1B Visa RFEs 139; H1B Visa Stamping Experience 12; Consulates - 221g, Admin Processing 2; H1B Visa Interview Process 2; H4 Visas 7; H1B Cap-Exempt 2; RFEs (H1B, I-140, PERM, … For this type of employment, you need to submit the documents proving that you are appointed to a specialty occupation for the whole duration of the H1B validity period. Responding to a RFE . I want to share my experience and Success Story with "Specialty Occupation RFE" for my H1B Transfer on the Sr Business Analyst role. When the criteria for specialty occupation are not met the USCIS would issue an RFE. Specialty Occupation + Level 1 wage Degree - I have a Bachelors equivalent degree in Information Technology. Link to post. Citizenship and Immigration Services (USCIS) for H-1B petitions raising questions regarding the use of a Level 1 wage. Asked in Greenville, SC | Dec 18, 2017 . YOE: 5, … An H1B RFE refers to a situation when USCIS needs evidence in an H1B Case, so a request is sent to an applicant to receive it. Specialty Occupation; USCIS has continually tried to redefine what constitutes a ‘specialty occupation’. 3) Evidence to provide that my position is common to similar industries. Get the professional help with US H1B visa RFE and denials with us. Sometimes, the USCIS may need further evidence before approving your H1B visa application. Had the misfortune of getting an RFE during an H1B transfer to FANG. The change of company’s address or structure may result in the occurrence of discrepancies between the VIBE system and H1B petition. 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. H4 extension was also filed with H1B extension. But for the first time I got a RFE. Because the Beneficiary qualification is what that would prove that H1B Visa applicant can perform that duties and job requirements. 2. It is worth noting that RFEs may be issued for multiple reasons. Kinda of nervous. The following is a list of the top 10 reasons USCIS issued an RFE in response to an H-1B petition in FY 2018. Only the people who qualify for specialty occupation is granted the H1B Visa. H-1B visas are granted to qualifying persons trained and employed in specialty occupations. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. Did you know that there are wage levels for all occupations? We offer services likes H1B specialty occupation RFE, H1B wage level RFE, extension denied, opinion letters and I-140 RFE … USCIS asked two aspects under the employer-employee relationship section asking for proof to establish employer-employee relationship and complete work details, if they fall under specialty occupation, client details and much more info. As H1 visa is for specialty occupation, USCIS routinely issues RFE (Request For Evidence) to make sure that all jobs offered meet such criteria. So what are my chances? Indu, I have valid H1B until December 2020. S p ecialty occupation is not new to US employers who hire foreign nationals. Saved Save. Characteristics of H1B Specialty Occupation Workers Fiscal Year 2012 Annual Report to Congress October 1, 2011 – September 30, 2012 U.S. Citizenship and Immigration Services . 90% of people received RFE because they failed to demonstrate their qualifications to work for a “specialty occupation”. 1. Specialty Occupation Share this post. deepthil 0 deepthil 0 Newbie; Members; 0 1; Report post; Posted January 5, 2018. Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE; H1B Client Letter Sample-Template-Format; How to Bridge the Fatal Gaps Between Your Degree and Your H1B Job; All categories; H1B Visas 215. Just wondering has anyone had luck with reversing the "Specialty Occupation" RFE? But since this is the first time I got RFE. In order to demonstrate that an H1B position is a specialty occupation, the petitioner must demonstrate at least ONE of the following four criteria: A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position. It is also important to consider all other employees engaged in a similar role for the same employer, and their qualifications. H-1B visas are available for various types of specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, architecture, engineering, mathematics, science, and medicine. specialty occupation, services of an exceptional nature relating to a Department of Defense (DOD) cooperative research and development project or coproduction project, or services of distinguished merit and ability in the field of fashion modeling. I think this RFE would be related to the Specialty Occupation RFE to some extent. In this case, an RFE (Request for Evidence) is issued. I believe the Job roles and responsibilities are already included as part of the LCA. In June 2017, AILA began receiving widespread reports of Requests for Evidence (RFEs) issued by U.S. Whether the missing information regards the petitioner or the beneficiary, you have 90 days to answer all inquiries. Degree is normally minimum requirement; Degree common to the industry; Position so complex or unique 4) Job announcement- copies of past & present job announcement (class field ads … To get the visa the minimum qualification required is a Bachelor’s degree in the area of specialization or a degree equivalent to that. #3 Availability of Work (Off-Site Work Cases) H1B Visa RFE. specialty occupation rfe; h1b rfe; Over the past two years, H-1B jobs that had previously been approved as specialty occupations – such as electrical engineer or computer programmer – are now receiving RFEs as responses to initial petitions instead of approval.
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