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Over the past two years, lawyers, employers, and H-1B beneficiaries have suspected USCIS raised its standard of proof for H-1B visa approval without any new law, regulation, or notice to the public.  This was evidenced anecdotally with jobs that had never before been called into question for meeting H-1B specialty occupation requirements suddenly being hit […]

The numbers show that the same specialty occupations approved for H-1B visas just a few years ago are now being called into question.  According to Forbes, in FY2017 only 3% of H-1B extension petitions were denied.  These petitions are for beneficiaries whose H-1B visas were previously approved.  Then, in FY2018, the denial rate more than […]

RFE Season is Rolling in with MORE Specialty Occupation RFEs Every year, a higher percentage of H-1B beneficiaries selected in the lottery receive an RFE this time of year instead of outright visa approval.  If you, or if your employee or client received an H-1B RFE this year, there is a high probability that is […]

Case Study: The Right Credential Evaluation to Overturn an H-1B RFE During H-1B RFE season, we have beneficiaries come to us every year with education RFEs.  We always tell our readers to NEVER submit a petition without a credential evaluation IF the education is incomplete, in a different degree than the field of the H-1B […]

H-1B RFE Case Study: Expert Opinion Letter from Professor of Computer Sciences Denied Last year we had countless clients come to us with specialty occupation RFEs.  Some of them came to us with RFEs that they had tried to get overturned with an expert opinion letter, and failed. One such client came to us with […]

How to Answer a Double H-1B RFE For Education and Specialty Occupation RFE season is now, and when CIS finds one problem with a petition, they tend to find more.  Over the past few years, we have seen a common double RFE involving specialty occupation and education issues. H-1B eligibility rules state that to qualify […]