USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. The H1B applicant must have no less than the equivalent of a U.S. bachelor’s degree in an area related to the position’s requirements. 500, Falls Church, VA 22041  |  Disclaimer  |  Website by Zola Creative, H-1B RFE Rates Rise Again – Along with Approval Rates, 6066 Leesburg Pike, Ste. By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. Along with this, an expert opinion letter is advised to lend authority and analysis to the additional evidence and documentation provided. Unfortunately, even though the purpose of an RFE should be to gather more evidence after a USCIS agent has properly considered your case, the USCIS also issues RFEs for more general reasons. Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS’ illegal denials of H-1B visas. To prevent this issue, you must include a detailed breakdown of the factors that went into setting the wage level to show that it was set appropriately for the position, and set at the prevailing wage. But this is nothing to be afraid of. The best way to beat an RFE is to prevent it. Why Would You Get an RFE for a Specialty Occupation? What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Services (USCIS) has been issuing. The bachelor’s degree required must be in a “specific specialty” or a specific field related to the position. This is the official stats from USCIS. USCIS agents often reference the Occupational Outlook Handbook (OOH) as a source for whether a position is a specialty occupation. But even though an RFE is a second chance, it is also probably your last chance. Even though this will cost more in the short-term, it could be the difference between your H1B denial or approval. Every year thousands of highly skilled foreign nationals apply to work in the U.S. on the H1B visa. Do not file without a complete review of your case to see where additional evidence and documentation – including credential evaluations, expert opinion letters, and work itineraries – are needed. Contact the Anwari Law Firm for help responding to an RFE. The long list of requirements for an H1B visa, including the “specialty occupation” requirement isn’t new. They also consider whether all the duties each week (and even each day) are similar to specialty occupation duties and responsibilities. Anticipate common RFEs. The second quarter of FY2020 brought a slight increase in H-1B RFE rates to 35.8%, which is up 0.5% from FY2019’s second quarter. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. In some situations, your answer will have to be based on legal doctrine. Any specialty occupation RFE got approved recently (for H1B extension)? The chances of H1B extension approval after RFE reduces to 60%. H1B approvals after RFE in 2018 – 2019 H-1B employees with low wage level starting salaries have run into trouble in recent years. In fact, you can see it as a positive as there is still a chance your visa can be approved. We advise that employers work with their clients to create an itinerary that covers the entire three-year duration and include this with the initial petition. While 87.1% of initial petitions were approved in the second quarter of FY2020, only 68.2% of RFEs were overturned. This is because USCIS has been associating level one wages with an entry level position in the adjudication process. The nature of the specific duties required for the position is so specialized and complex that the knowledge needed to perform the duties is usually associated with a bachelor’s or higher degree. A baccalaurea… H1B RFE Trends and Rate. It seems that more and more H1B petitions end up with an RFE. Basically, this definition requires two things for a position to be a specialty occupation: For a position to pass the test of being a “specialty occupation“, the position must meet at least one of the following requirements: So, before the position you are offered in the U.S. will be regarded as a “specialty occupation,” you must prove the position meets at least one of the above four criteria. In 2018, it dropped down to 62.3 percent. We have an over 90% approval rate for specialty occupation and wage level RFEs. Or, if the USCIS agent believes the entry-level educational requirements for your position according to the OOH are not a bachelor’s degree, the USCIS agent has the discretion to issue an RFE. USCIS defines a specialty occupation as one that requires a minimum of a bachelor’s degree to perform. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. An RFE is very likely if your position has an atypical title or if it doesn’t fit perfectly into an existing OOH category. So, even if you show the position requires a bachelor’s degree, the bachelor’s degree that is required must still be in a specific field related to the position. The degree requirement is common to the industry in similar positions among similar organizations or, alternatively, an employer may show that its particular position is so complex or unique that only an individual with a degree can perform it; The employer typically requires a degree or its equivalent for the position; OR. Ever since 2015, when the RFE rate was merely between 10% and 30%, the percentage has grown, reaching 60% in 2019. When you apply for a visa, the USCIS has to determine whether your application and the information and documentation you provided prove you meet the visa requirements. Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS’ illegal denials of H-1B visas. It is 75% at this moment, while it used to be around 90% four years ago. Recommended Posts. If the entry level position does not always require the employee to have a bachelor’s degree, the petition receives an RFE for specialty occupation and wage level issues. In 2015, the approval rate following a RFE notice was 83.6 percent. Well, there are plenty of... Loans for up to $35,000. If you are applying for an H1B visa, you should expect a specialty occupation RFE. If the USCIS agent believes you haven’t provided sufficient evidence to prove this or they have specific questions that relate to your application, the USCIS will issue you with an RFE. It is a chance to re-argue your case to the USCIS. h1i140 0 ... Posted January 12, 2018. This can be difficult for consulting firms, which is why in past years this was not a requirement. In order to demonstrate that an H1B position is a specialty occupation, the petitioner must demonstrate at least ONE of the following four criteria: 1. Now, petitions that do not have a complete itinerary of projects, clients, and client contact information are receiving employer-employee relationship issue RFEs. No cosigner required. © document.write(new Date().getFullYear()) The Anwari Law Firm, PC  |  Tel. What to Do if You Get a Specialty Occupation RFE, read more about Requests for Evidence here, The position must require no less than the equivalent of a U.S. bachelor’s degree in a field that is related to the position, and. Or you may have to provide documentation such as an expert opinion letter (a letter from an expert in the field vouching that the position is a specialty occupation) or a manager support letter (showing your company’s motivation on why the position is a specialty occupation). The rate of approval following an RFE is 68.2%, which may seem low, but is a 10% increase from this time last year. Please let me know if you know of anyone who got RFE on specialty occupation (for IT project manager) and got approved? Approaching an immigration attorney at this point may be your best option to ensure your application is successful. These denials were related to lack of proof for specialty occupations a position a! 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