Back to the Basics: How to Answer a Difficult H1B RFE
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h1b RFE
H1B Support: Answering the Double Wage Level and Specialty Occupation RFE
Last year, we saw wage level issues and specialty occupation issues go hand in hand in common H1B RFEs. This year, we expect to see them again. To meet H1B eligibility requirements, the job in question must require a minimum of a US bachelor’s degree for entry into the position, and the H1B employee must make the prevailing wage for the position in the industry for companies of that size in that geographical location. If either of these aspects are lacking in evidence, CIS will issue an RFE. Some common problems that trigger an RFE include: • The job usually but does not ALWAYS require a minimum of an advanced degree. • This job is particularly complex as to require an advanced degree even though it is not an industry standard. • CIS wrongly assumes that the wage level indicates the job is not specialized. This is especially the case with jobs set at Level 1 Wages. • CIS wrongly assumes that the wage level is set too low for the complexity of the job. You will need to provide thorough documentation supporting the specialization of this job, and you will need to explain all of the factors that went into determining its wage level. You will also need to include an expert opinion letter in your response that fortifies your evidence that the job and wage level meet H1B requirements. At TheDegreePeople, we have experts on hand with the highest rate of success in responding to RFEs 24/7 to write the expert opinion letter you, or your employee or client needs to get that double RFE overturned. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.]]>
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Specialty Occupation RFE: Know the Job Inside and Out
Specialty Occupation RFE: Know the Job Inside and Out Read More »
H1B Specialty Occupation RFEs: How to Prove Specialization
H1B Specialty Occupation RFEs: How to Prove Specialization Read More »
Case Study: The Triple H1B RFE – OVERTURNED!
Imagine an RFE that calls into question the beneficiary’s credentials, wage level, and occupational specialization that is virtually impossible to answer by its own guidelines. We saw them last year, and we have the experts with the highest rate of success to help overturn them. Coming up on RFE season, it’s important to keep in mind that many RFEs cannot be answered by their own instructions. The solution is to go back to the original H1B requirements and make sure they are clearly met, documented, explained, and backed up by expert opinion. To be eligible for an H1B visa, the job must be a specialty occupation, which means as a minimum requirement the employee must hold a US bachelors degree or higher or its equivalent in the field of the job. The beneficiary must have this degree or equivalency to meet H1B requirements, and the employer must pay the beneficiary prevailing wages and benefits for this position for companies of that size in that geographical location. In answering the Triple RFE, you need to do three things: First, the job in question must meet the criteria of a specialty occupation. This can be done in one of three ways:
- The job requires a US bachelors degree or higher.
- A US bachelors degree or higher is a normal minimum requirement for this position for the industry in similar companies.
- This particular job is uniquely complex so as to require a US bachelors degree or higher to perform its duties.
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RFE Support: Know the H-1B Job Better than CIS Does
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H-1B Support: Refuting the Specialty Occupation RFE
specialty occupation according to USCIS statutes. Here is where it gets murky: There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute. INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty. Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.” In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:
- The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
- This minimum degree requirement is normal for this job in similar organizations in the industry.
- The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
- The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.
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Attention: H1B Filing Opens TODAY!!!
nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days. For the past few years, the cap has been met before the mandatory five business days is up, so that means you have to file THIS WEEK for you, or your employee or client to have a shot at making the H-1B lottery for FY2019. Last year, we saw an unprecedented number of RFEs, especially targeting computer programmers. This year, make sure you take steps to preempt an RFE or rejection. Don’t fall into common RFE traps by taking these precautions:
- Consistent Answers – make sure what is entered on the LCA matches the petition, including the job title and description.
- Start Date is NO EARLIER THAN October 1st 2019.
- Borderline jobs that don’t necessarily require a US Bachelors degree or higher according to the Department of Labor’s Occupational Outlook Handbook are accompanied by a detailed job description and expert opinion letter to prove specialization.
- The beneficiary’s degree or degree equivalency specialization matches the job title or is accompanied by a credential evaluation.
- Degrees earned outside of the US, incomplete college, or mismatched degree specialization is accompanied by a credential evaluation.
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