18 0 obj endobj endobj USCIS Reasons for Denial. <>/Border[0 0 0]/H/I/Rect[123.75 531.416 175.564 545.215]/StructParent 1/Subtype/Link/Type/Annot>> 24 0 obj endobj The CSC was more likely to issue this type of RFE than the VSC. 19 0 obj Got RFE on specialty occupation and other details. endobj SPECIALTY OCCUPATION – SAMPLE RFE COPY ISSUED BY USCIS. Therefore, you may receive an RFE requesting information like the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. Expert Opinions by Professors lately don’t seem to be very valuable unless used in addition to other evidence. <> <> <> 31 0 obj Specialty Occupation RFEs: Tips and Strategies for Navigating This Complex Issue. **RFE Response to USCIS ­ Sample Cover letter** **RFE Response to USCIS ­ Sample Cover letter** VisaTutor. endobj Below is a snippet of the RFE issued by USCIS recently for Specialty Occupation listing the  documents needed (All confidential and identifying information has been redacted). endobj endobj endobj I am … endobj 17 0 obj 41 0 obj endobj endobj endobj <>/Border[0 0 0]/H/I/Rect[69.75 393.428 218.215 407.227]/StructParent 10/Subtype/Link/Type/Annot>> endobj The Murthy Law Firm recently scored another legal victory in federal court, suing the U.S. Additional Evidence for Specialty Occupation, employer employee relationship RFE Sample H1B RFE Response Submitted to USCIS to get Approval It is quite a comprehensive RFE and can be very hard to get every single document that is in the above list given by them. 15 0 obj Speciality Occupation Rfe Response Template. <>/Border[0 0 0]/F 4/H/I/Rect[429 598.077 433.5 610.074]/StructParent 119/Subtype/Link/Type/Annot>> endobj endobj <>/Border[0 0 0]/H/I/Rect[123.75 462.422 392.889 476.221]/StructParent 6/Subtype/Link/Type/Annot>> endobj <> endobj The role being recruited for must constitute a ‘speciality occupation’. 3. <>/Border[0 0 0]/H/I/Rect[142.646 379.629 548.25 393.428]/StructParent 11/Subtype/Link/Type/Annot>> As per 8 C.F.R. 45 0 obj Expert Opinion by Professor just by itself without other additional evidence might not satisfy USCIS on specialty occupation requirement. 2. 1. endobj The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. 40 0 obj Clean, timeless templates with a classic balanced structure. <> <>/Border[0 0 0]/H/I/Rect[69.75 352.031 427.154 365.83]/StructParent 13/Subtype/Link/Type/Annot>> endobj endobj The email i received was from my employer’s Immigration department asked for 4 details. <> endobj <> endobj The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. <> I am an ​attorney with primary focus on employment-based immigration law. <>/Border[0 0 0]/H/I/Rect[69.75 365.83 368.543 379.629]/StructParent 12/Subtype/Link/Type/Annot>> endobj H��Umo�0��_q�8~�#��v 1� >�}i:�X3�l�ϝ�c��l�{|���z� �y4M^�(�pͪ����2�ͪ?pa��XP1KO@�RH�`u�o�7oJ����)�env�_�7y��6����p�,��9��P/�2��'��q�$��b�bٵw� �!��>x���j�`R$�-=��~zG��ۓ��8k��!�?ö���U�w��hW[k��KJn�Bk�s��`АEYYŵ-�9V�g��#���uJ��8_��.V�Lt��6, �xʬ��LF&�E^����$�]���^�� M�kf�����jĽF�h�Ys� �q�y* $IAvB\p��i04��A�o��A���&�������T��ՍSiw��C�\r�fXj1��+�$CJ�ũh�.�� EKگo��V��k']:�~�w�$�1�� �pC,O����o�q��Ρ3]��yؒ���[/��nP(H }���H���;"�Z߁��D�D;@Ô�B9�x�J��:�}"NzPwn������ ��~O�WZ��ʕþ@��q�w�[��7�f:� }H��Ӡ��9Ks0����.�R�b���ϭ�í��jo��p-.�lL��UA#�ô&m���_�A���)�6��qpk`i1BK�K"y�4i�b�Ӯ��� ����ej�v�y������L��Y��֌Bʿ�_A�Q�Z!6�y � Approximately 23% of the RFEs assessed fit this pattern. <>/Border[0 0 0]/H/I/Rect[139.084 338.232 285.533 352.031]/StructParent 14/Subtype/Link/Type/Annot>> As per 8 C.F.R. The most important is that your education degree should be a bachelor’s or higher degree in a specific specialty that is directly related to the job position. that the offered position is not a specialty occupation and therefore the petitioner must demonstrate that the position is a specialty occupation. H��UMO�0��W�ie��η���-ڮ��h�e�C�M�e������wf��ڪ+�!�=�/�{y��|�iȧ��+h�Y��2����c��4��jZz��Xa@�D���A.�X�@. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj endobj I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. Common H1B RFE reasons include: Speciality occupation eligibility . <>/Border[0 0 0]/H/I/Rect[138.948 296.836 554.25 310.635]/StructParent 17/Subtype/Link/Type/Annot>> <>/Border[0 0 0]/H/I/Rect[69.75 283.037 275.232 296.836]/StructParent 18/Subtype/Link/Type/Annot>> 22 0 obj I received the following RFE 1. is to prove that offered position is a specialty occupation 2. is to prove the employer-employee relationship. <>stream ... H1b rfe specialty occupation sample Our team of attorneys have seen an increase in RFEs questioning whether an H-1B position, that an employer is hiring the foreign national for, actually qualifies as a “ specialty occupation. I have Mech Engineering degree with 13+ years of IT experience. endobj 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”. The email i received was from my employer’s Immigration department asked for 4 details. <> <>/Border[0 0 0]/H/I/Rect[123.75 490.02 287.871 503.818]/StructParent 4/Subtype/Link/Type/Annot>> %PDF-1.7 %������� 1 0 obj <> USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. <> § 214.2(h)(4)(ii), Specialty Occupation means an occupation that requires theoretical and practical application of a body of highly specialized knowledge in the fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. endobj Could someone share a sample document to help me prepare a response. <> <>/Border[0 0 0]/H/I/Rect[140.976 407.227 593.25 421.025]/StructParent 9/Subtype/Link/Type/Annot>> <>/Border[0 0 0]/H/I/Rect[69.75 517.617 542.25 531.416]/StructParent 2/Subtype/Link/Type/Annot>> Please use the attached H1B RFE Response Check List of items you need when USCIS has requested information for a Client Letter, Specialty Occupation, Employer-Employee Relationship. 46 0 obj endobj <>/Border[0 0 0]/H/I/Rect[139.406 269.238 336.861 283.037]/StructParent 19/Subtype/Link/Type/Annot>> 37 0 obj I mostly focus on employment-based petitions for specialty occupation workers and employment-based immigration filing related to Advanced Degree and Professional categories. 32 0 obj 6 0 obj <>stream 12 0 obj <>/Border[0 0 0]/H/I/Rect[139.868 324.434 545.25 338.232]/StructParent 15/Subtype/Link/Type/Annot>> 21 0 obj 14 0 obj 9 0 obj As per 8 C.F.R. endobj For 3rd party worksite/end-client based positions, a client letter stating the minimum degree requirements will help satisfy such a requirement if the end client requires a minimum of a bachelor or a higher degree in a very specific field. endobj <> endstream <> <>/Border[0 0 0]/H/I/Rect[141.076 434.824 478.84 448.623]/StructParent 7/Subtype/Link/Type/Annot>> 43 0 obj 7 0 obj This will allow our attorneys suitable time to review the documentation and provide a thorough response to questions raised by USCIS in a RFE such as specialty occupation issues among other issues. <> endobj endobj endobj 13 0 obj § 214.2 (h) (4) (ii), Specialty Occupation means an occupation that requires theoretical and practical application of a body of highly specialized knowledge in the fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, … endobj endobj 30 0 obj 47 0 obj These occupations can involve leading people and making many decisions. I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. USCIS teleconference for H-1B filing tips and understanding RFEs. 39 0 obj ... H1b rfe specialty occupation sample Our team of attorneys have seen an increase in RFEs questioning whether an H-1B position, that an employer is hiring the foreign national for, actually qualifies as a “ specialty occupation. 34 0 obj 5 0 obj <> SPECIALTY OCCUPATION – SAMPLE RFE COPY ISSUED BY USCIS. endobj Hi got a rfe, can u suggest best way to reply to the below: Speciality Occupation You have submitted a brief description of the job duties with your initial filing: however the description submitted does not satisfactorily estabish that the position qualifies as a speciality occupation:submit: 1. 29 0 obj �V��&5�e <> Request for Evidence to prove specialty occupation for H1B job is very dangerous and you should respond with all documents to avoid denials. Conclusion. 25 0 obj 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. Wage level2 working on EC model; After submitting response to my RFE, my case got approved. In response to the Director's request for evidence (RFE) and on appeal, the Petitioner and vendor1 provided the following information about the Beneficiary's job duties: 2 1 The vendor's letter, dated March 24, 2016, mistakenly and repeatedly references the Beneficiary in the feminine USCIS denied the H1B after RFE as the proofs did not fit the USCIS strict specialty occupation guidelines after Trump’s ‘Buy American Hire American’ executive order. endobj Determination of ‘speciality occupation’ however lies with the adjudicator and their discretion when evaluating the supporting documentation. 4 0 obj 36 0 obj 28 0 obj <>/Border[0 0 0]/H/I/Rect[69.75 503.818 255.885 517.617]/StructParent 3/Subtype/Link/Type/Annot>> 27 0 obj 38 0 obj <>/Border[0 0 0]/H/I/Rect[69.75 310.635 186.246 324.434]/StructParent 16/Subtype/Link/Type/Annot>> Speciality Occupation Rfe Response Template. 16 0 obj 23 0 obj A position must meet only one of the following criteria to be a specialty occupation: 1)         A baccalaureate or higher degree or its equivalent as the normal minimum requirement for entry into the position; 2)         The degree requirement is common to the industry in parallel positions among similar organizations; 3)         The employer normally requires a degree or its equivalent for the position. Citizenship and Immigration Services (USCIS) over an H1B petition denial based on lack of specialty occupation. <>/Border[0 0 0]/H/I/Rect[123.75 476.221 481.863 490.02]/StructParent 5/Subtype/Link/Type/Annot>> endobj AD’s of petitioner for similar positions in the past, Degree Copies of previous hires, AD’s of end client for similar positions etc are also very useful to demonstrate that the job is a specialty occupation job. Rfe, my attorney submitted Client letters, Academic evaluation, PO, Technical evaluation per... Offered position is a specialty occupation this pattern and Brown PLLC as a specialty occupation, Academic evaluation PO. Parvathaneni and Brown PLLC demonstrate that the offered position is a specialty occupation – SAMPLE COPY. The Law Firm recently scored another legal victory in federal court, suing the U.S Firm recently scored another victory... 13+ years of IT experience occupations can involve leading people and making many decisions as per 8 C.F.R not specialty. 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The foremost important criteria for filing an H-1B is that the proffered is. Must demonstrate that the proffered position is not a specialty occupation requirement Parvathaneni and Brown PLLC,...