How To Respond To Specialty Occupation Rfe
Wage level2 working on EC model. Employers can respond to this RFE by providing detailed daily and duty-focused job descriptions and how they align with the specific degree requirements.
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How to answer the Specialty Occupation RFE when the minimum Degree requirement is a Bachelors Degree in Business Administration.
How to respond to specialty occupation rfe. Include an expert opinion letter in your response. Yes expert opinions are still an important part of most RFE responses and should definitely be considered when responding to a specialty occupation RFE. Being ready for a specialty occupation RFE and having a strategy on how you will tackle it could make all the difference.
Gather the needed documents. It is better to take the time you need to respond effectively rather than risk creating a new problem. That the offered position is not a specialty occupation and therefore the petitioner must demonstrate that the position is a specialty occupation.
The CSC was more likely to issue this type of RFE than the VSC. Could someone share a sample document to help me prepare a response. I have Mech Engineering degree with 13 years of IT experience.
This takes two steps. Got RFE on specialty occupation and other details. Overturning the RFE for Specialty Occupation Its RFE season and CIS is coming down especially hard on borderline occupations this year.
2 the degree requirement is common to the industry or the particular position is so complex or unique that it can be performed only by an individual with a degree. 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. Even though this will cost more in the short-term it could be the difference between your H1B denial or approval.
Approximately 23 of the RFEs assessed fit this pattern. Over the recent past USCIS has issued tens of thousands of specialty occupation RFEs and this has been by far the most common RFE issue both in terms of frequency and in terms of complexity. Dont make any rash decisions if youve received an RFE.
A Specialty Occupation RFE is the most common type of RFE issued by the USCIS for an H-1B. These are jobs that dont necessarily require a US bachelors degree or its equivalent or higher according the the US Department of Labors Occupational Outlook Handbook OOH. This year we are already seeing specialty occupation RFEs in spite of recent legal precedent decisions.
Read the RFE fully and if you dont understand something ask your immigration attorney. I was in the same situation. The most important is that your education degree should be a bachelors or higher degree in a specific specialty that is directly related to the job.
Prepare the documents for mailing including verifying the mailing address. This ensures that the proper groundwork is laid for a successful petition. 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.
After submitting response to my RFE my case got approved. The most effective way to respond to an RFE is to do the following. Specialty Occupation -- part 3 For point 3.
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. I will list them below. Provide a more detailed description of the work to be performed by the Beneficiary for.
Employers should consult with a seasoned legal professional at the outset of the H-1B petition process before a Specialty Occupation RFE has been issued. It is not grounds to panic but a tool used by the USCIS to learn more about your case. I received an RFE to prove that the proffered position is in fact a specialty occupation position.
Duties Beyond Level 1 and Not Specialty Occupation. Request for Evidence to prove specialty occupation for H1B job is very dangerous and you should respond with all documents to avoid denials. How to Prepare a Strong H-1B RFE Response July 22 2020 at 1 pm ET.
USCIS defines a specialty occupation as a role that requires at least a bachelors degree in a specific field such as computer sciences or engineering. Here is how to answer them. In the past few years the prevalence of specialty occupation RFEs has skyrocketed even for jobs that had never before run into issues.
8 CFR 2142h4ii defines a specialty occupation to mean. The email i received was from my employers Immigration department asked for 4 details. 24Jun2019 In frequent sessions of our Chat Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time.
Provide the companys job posting the academic qualifications and transcripts of all the past and present employees in the same position thus proving that at least a bachelors degree is required for this position. This RFE is a hybrid. This research paper explains what a specialty occupation RFE is.
Contact an experienced Chugh LLP attorney today for. Under USCIS regulations there are four ways that an employer can prove a position is a specialty occupation. Consider approaching an immigration attorney for help.
1 a bachelors or higher degree or its equivalent normally is the minimum requirement for the position. For RFE my attorney submitted Client letters Academic evaluation PO Technical evaluation. Keep these other considerations in mind when answering an RFE.
There is no need to rush when responding to an RFE. How to Respond to an RFE. If you do receive a specialty occupation RFE there are multiple ways to successfully address the RFE.
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