i don't really understand why USCIS is complaining after 140 approved. MY Employer sent me this ?-Please explain why at least a Bachelor’s Degree is required to perform the duties of the position. and Tan of the The tho The their up reached garrison, ' SALE SALE 3/0; SALE, a position, strong The was ast British 853 P. , the position requires the incumbent to possess at least a bachelor's degree in the relevant field. My company’s represent H1B RFE - Specialty Occupation Response. The regulations go onto provide four regulatory criteria, and the petitioner must satisfy at least one, that would qualify the position as a specialty occupation (and. Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U. sc Maths,Physics,Chemistry (M. H1B RFE 2015 Specialty Occupation Response. Expert opinion letters can be an essential part of an immigration application. By the end of the third quarter, USCIS rejected more than 17% of H1B visa petitions. Requests for evidence shall contain a list of requested documents in addition to a deadline for submission. Search the history of over 373 billion web pages on the Internet. USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. The firm has attorneys in three New York City locations and are licensed to practice immigration law in all 50 U. Wage level2 working on EC model; After submitting response to my RFE, my case got approved. Specialty Occupation. Many of the Requests for Evidence received by over 25% of H-1B petitions involve the question as to whether or not the position meets the criteria of a specialty occupation. • Duties Beyond Level 1 and Not Specialty Occupation: This RFE is a hybrid. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. H-1B petitions are reserved for highly. A specialty occupation is one which: "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and which requires the attainment of the equivalent of an American bachelor's degree or higher in a specific specialty as a minimum for entry into the United States. Though I am yet to receive the complete details on this RFE from the Immigration team, this is what they sent across" We require an updated Onsite Position Description particular to specialty occupation requests. H1B 的RFE中,最常见、最抽象、也最棘手的RFE,还数specialty occupation的问题。 大部分的文商科类H1B RFE,十有八九是这个问题。 这个问题在我们之前的文章《 文科商科职位H1B申请之难易大盘点 》已经做了比较充分的解释。. News Alert: H-1B Program Threatened by Level 1 Wage RFE Surge September 04, 2017 / Kristi Crawford Scores of H-1B cap-subject applicants and their employers breathed a collective sigh of relief this spring when USCIS began issuing receipt notices for lottery selected cases. With an experienced network of university professors and industry experts, Morningside can complete expert opinion letters in a wide range of fields and for a variety of immigration-related purposes, including initial visa petitions, responses to requests for evidence (RFEs), denial appeals, and audit responses. Can lack of Specialty Occupation cause H1B denial without RFE? Yes, it can. Any job could come under the H-1B visa requirement as long as it is a graduate. Schnell, Esq. (7) Immigration practitioners have already seen an increase in RFE surrounding wage levels and the computer programmer occupation. Specialty Occupation Expert Letter. Citizenship and Immigration Services (USCIS) needs additional information or documentation in order to make a decision on an H-1B petition, it will issue a Request for Evidence (RFE). If you do receive a specialty occupation RFE, there are multiple ways to successfully address the RFE. Below is a sample work itinerary for an employee working at a secondary job location. What are the chances for approval. Keshab Raj Seadie is a reputed H1B Visa Attorney in NYC. H1B Client Letter Sample-Template-Format; H1B Affidavit Sample Letter, when a Client Letter is not available; Oracle DBA Sample H1B Specialty Occupation Job Description; H1B Approval Trends: Level 1 Wage and Specialty Occupation Issues; Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE. I was working for company "X" up july 31st, but I applied for a H1B extension through company "Y" based on the labor certification applied by the company "X" in dec 2004. If you apply for an H1B transfer for a job offer that you got, but cannot prove you have the qualifications for it, your transfer will be denied. Analysis For the reasons set out below, we have determined that the proffered position does not qualify as a specialty occupation. The most important is that your education degree should be bachelor's or higher degree in a specific specialty that is directly related to the job position. Education of the beneficiary, foreign equivalency evaluation (if overseas education like India) Availability of a Project or Client with the H1B Employer. The RFE also requested a copy of. Travel guide to USA with sample pre-filled immigration forms and customs forms, specially for people flying to USA for the first time or apprehensive about taking a flight and going through immigration and customs procedures. (briefly explain why the RFE was issued). These are very serious RFEs. E) --- During H1B filed i had not submit this ( My Bad). Overcoming the Level 1 Wage RFE. php(143) : runtime-created function(1) : eval()'d code(156) : runtime-created function(1. Approximately 23% of the RFEs assessed fit this pattern. H1b Rfe Work Sample. The most common H work visa is the H-1B which is for "specialty occupations. The Law Offices of Jonathan Liang is an experienced law firm in the United States that practices exclusively in the immigration and nationality laws. This letter is submitted in support of the H1B petition of Rutgers University for Dr. " There has not been any formal policy. In response to a FOIA lawsuit filed by AIC on AILA's behalf, USCIS released records concerning adjudication of H-1B petitions, particularly on how the wage level annotated on the LCA may impact adjudication of petitions for H-1B classification, and on how USCIS determines a "specialty occupation. React to the RFE notice within a reasonable period of time. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. News Alert: H-1B Program Threatened by Level 1 Wage RFE Surge September 04, 2017 / Kristi Crawford Scores of H-1B cap-subject applicants and their employers breathed a collective sigh of relief this spring when USCIS began issuing receipt notices for lottery selected cases. ; Active Listening — Giving full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. Concerned that these trends indicated a shift in USCIS adjudication standards, AILA filed two separate requests seeking documents (especially on wage and speciality occupation. Meissner, 201 F. Business Analyst Job Responsibilities. H-1B Visa Requirements. You have mad it till the Number 1 Reason for H1B Visa RFE - The Specialty Occupation. In most instances, USCIS will provide a request for evidence (RFE) prior to adjudicating an application for H-1B Transfer. Embassy or Consulate. Proof of specialty occupation: In most cases, the USCIS officers want proof that the H1B applicant has both experience and education related to a particular job that is being offered by the employer. If your employer did not submit the documents like project SOW (statement of work) or client contract letter, you are asking for an RFE. Do companies generally contest the denial? Or try applying again as a new H1b transfer request?More details:I haven't left the old company so in. Among other requirements, which are not explored in the context of this article, one requirement for an employer who wishes to hire a foreign national under the H-1B visa program is, the petitioning employer must show that the position qualifies as a specialty occupation. I am currently working as Application Consultant in XYZ company where i work as Python/Java Developer. A valid employer employee relationship H1B for H1B RFE petitions can be defined as the daily involvement, clearly defined hierarchy and mutual work agreements between H1B employer and H1B employee. In most instances, USCIS will provide a request for evidence (RFE) prior to adjudicating an application for H-1B Transfer. Analysis For the reasons set out below, we have determined that the proffered position does not qualify as a specialty occupation. Can someone throw some light on my RFE case for specialty occupation: The following is what they requesting 1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart. Before responding to the Specialty Occupation RFE, you must be aware of the following issues that can determine your response strategy. 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. Below is a sample work itinerary for an employee working at a secondary job location. Is there Any sample Template document for Proving. Many of the Requests for Evidence received by over 25% of H-1B petitions involve the question as to whether or not the position meets the criteria of a specialty occupation. H1B RFE supplemental material is USCIS ‘summary of the H1B application or petitions: Additional material and evidence from the H1B applicant or petitions are required to determine whether or not to approve the H1B application. I got a 3 page rfe where they have asked for detailed information about position offered, project plan, 3 months pay stubs with current employer and also they want to view the work records on previous h1b. Citizenship and Immigration Services (USCIS) appears to have begun to take a far less favorable view of expert opinion letters submitted to evidence that a position indicated in an H1B petition qualifies as a “specialty occupation. " Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company. Expert Opinion Letter Speciality Occupation Sample. As leading exponents and innovators of South American klezmer, [the beneficiary. Compared to past years, there's been a 45% increase in requests issued. Emerging Trends for H-1B Petitions Members may download one copy of our sample forms and templates for your personal use within your organization. Number of H-1B Numbers Available Annually. " There has not been any formal policy. In the month of Feb 2018 end i got the 2nd RFE (Rfe was Specialty occupation) for the 1st petition. Whalen (September 30, 2014) I. The lowest 10 percent earned less than $49,950, and the top 10 percent earned more than $122,090. Do you want to get H1B Visa application approved without RFE? Then you have to read this article. New recruits who have a degree from an accredited college or university must demonstrate that the proposed position he/she intends to fill qualifies as a specialty occupation and that he/she is qualified for that position. Job description and duties for Computer Systems Analysts. " Specialty occupation is defined as "an occupation that requires (a) theoretical and practical application of a body of highly. H1b Visa Sponsors Database California. 2017 H1B RFE. " 8 CFR § 214. Sample H-B RFE from USCIS – Neufeld Memo USCIS must determine if you have the right to control the employee through evidence that describes (with no one factor being decisive or exhaustive): the skill required to perform the specialty occupation; the source of the instrumentalities and tools needed to perform the specialty occupation;. 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) Notes for Practical Purposes: 1. How to get a copy of the Form I-140 approval for H4 EAD As you know the H4 EAD law requires that either an AC 21 beyond 6th years extension or an approved I-140 approval on the H1B holder on whom the H4 depends in order to obtain the H4 work permit. The most common H work visa is the H-1B which is for "specialty occupations. 799 (AAO 2012) Interim Decision #3752 803 of [the beneficiaries] is a great example of these travels and combinations. FE from California Center. " Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company. This expert letter establishes an offered H-1B position as a USCIS Specialty Occupation, which requires the minimum attainment of a Bachelor's Degree. By the end of the third quarter, USCIS rejected more than 17% of H1B visa petitions. The H-1B visa allows U. - HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE LEVEL I AND SPECIALTY OCCUPATION REQUEST FOR. The Specialty Occupation RFE has become the new nightmare facing H-1B beneficiaries, their sponsors, and their lawyers. This policy memo stated that computer programmers should not be assumed to be in a specialty occupation position. with certain types of temporary visas, and wish to change to a different visa classification, can file I-485 for change of nonimmigrant status. 移民官会在RFE notice上列出对你的申请抱有疑问的方面,常见被质疑的方面有:Specialty Occupation, Right to Control (Employer-Employee Relationship), Availability of Work. In order to qualify as such, you will be required. Unlike the H-1B, there is no cap and no maximum limit on renewals. i don't really understand why USCIS is complaining after 140 approved. These are defined by Section 214(i)(3) of the INA as those that require "theoretical and practical application of a body of specialized knowledge" and the "attainment of a bachelor's or higher degree in the specific specialty as a minimum entry. New H1b RFE for specialty occupation: The following is what they requesting 1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart. I received an RFE for my H1B petition. I am currently working as Application Consultant in XYZ company where i work as Python/Java Developer. The Law Offices of Jonathan Liang is an experienced law firm in the United States that practices exclusively in the immigration and nationality laws. Based on past trends, the following are the top 10 reasons for being issued a RFE or a straight-out denial of H1-B visa petition: Specialty Occupation: One of the most common reasons to receive a RFE or a denial was when USCIS could not firmly establish that the petitioned role was that of a specialty occupation. Specialty Occupation. " There has not been any formal policy. in the coming weeks. Employee lacks proof of specialty occupation. This article focuses on the most common RFE reasons (part 2). H1B RFE Urgent Help needed Reply to Thread. An H1B Vvsa allows for non-immigrant workers to be employed in a specialty occupation in the U. or The individual with a pending change of status H1b should not travel outside the US until the H-1B petition has been approved. What Kind of H-1B Petitions Are Most Likely to Get the Specialty Occupation RFE? It is safe to say that few, if any, employers and positions are safe from the specialty occupation RFE. prove a particular position in computer programming is a specialty occupation. Approximately 23% of the RFEs assessed fit this pattern. common h-1b rfes and how to address them Jun 19, 2015 When U. ACCESSORIES. Note the deadline and try to get all the evidence gathered as soon as possible. These are defined by Section 214(i)(3) of the INA as those that require “theoretical and practical application of a body of specialized knowledge” and the “attainment of a bachelor’s or higher degree in the specific specialty as a minimum entry. RFE is all about Itinerary, Employer Employee Relationship, Right to Control, Third Party offsite of employment, Specialty Occupation; USCIS would like to know the below: Relationship between client, employer and employee. Pertinent laws set some objective standards for determining whether a specific occupation requires a bachelor’s degree for entry into the occupation. Form I-485 is used the application for adjusting immigration status. Specialty occupation RFE and Approval. Hello all, My attorney received an RFE for Specialty Occupation on 25th September for CAP 2018. I am currently working as Application Consultant in XYZ company where i work as Python/Java Developer. Use our Career Test Report to get your career on track and keep it there. So, how can you avoid this Specialty Occupation RFE? I personally think you an employee should drive this process to ensure you have given your employer the complexities of the job you are performing and how it relates to your degree and skills. The position is not a specialty occupation because a level 1 wage was used for an entry-level position and an entry-level position cannot be complex or unique enough to qualify as a specialty occupation. Number of H-1B Numbers Available Annually. 万事都由律师操刀? 倒不如备些干货傍身 #1职位专业性. - HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE LEVEL I AND SPECIALTY OCCUPATION REQUEST FOR. Employee lacks proof of specialty occupation. H1B RFE : Employer - Employee Relationship, Specialty Occupation, Work Itinerary, etc. Outside Normal Processing Time. " Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business. ” Specialty occupation is defined as “an occupation that requires (a) theoretical and practical application of a body of highly. Make a list of your frequently used Area Codes and Occupation Codes. AILAs analysis of 187 RFE examples show that ^Level 1 RFEs for Job Zone 4 occupations tend to challenge whether the position is a specialty occupation or whether a Level 1 LCA is appropriate, while. Real examples of H1B RFE’s, USCIS RFE Notices for all 10 H1B Visa RFE Reasons; Explanations from the USCIS for H1B Visa Petition Denial after RFE; Actual H1B Visa RFE’s and Denial Notices from USCIS. Determination of a specialty occupation-H1B visas are granted to individuals who are qualified workers in a "specialty occupation". Some of these are: A Business Consultant analyzes the business objectives of the stakeholder and develops solutions to their business issues. I have done my bachelors and masters in mechanical engineering, received H1B RFE regarding the specilaity occupation. i have been waiting for my extension last 8 month and finally they put a RFE. INTRODUCTION When I began writing this article, the most recently posted AAO non-precedent H1-B decision was an August 25, 2014, Petition for a Nonimmigrant Worker. Many H1b spouse leaves jobs in their home country and come to USA and stay at home without job. These are defined by Section 214(i)(3) of the INA as those that require "theoretical and practical application of a body of specialized knowledge" and the "attainment of a bachelor's or higher degree in the specific specialty as a minimum entry. Request for Evidence to prove specialty occupation for H1B job is very dangerous and you should respond with all documents to avoid denials. AILAs analysis of 187 RFE examples show that ^Level 1 RFEs for Job Zone 4 occupations tend to challenge whether the position is a specialty occupation or whether a Level 1 LCA is appropriate, while. Sample letter H-1B support letter On letterhead with an original signature from unit head wishes to temporarily employ Albert Einstein in the specialty occupation of. The difference between an evaluation for college study, for H1B, and for I140, and why you need to know. What does H1B RFE mean? RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. FE from California Center. This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success. RFE is all about Itinerary, Employer Employee Relationship, Right to Control, Third Party offsite of employment, Specialty Occupation; USCIS would like to know the below: Relationship between client, employer and employee. Postal Service or be notified through their online portal. Recent H-1B success stories. We are going to discuss three four latest news here: Computer Programmer Job Title vs H1B Visa. I got a 3 page rfe where they have asked for detailed information about position offered, project plan, 3 months pay stubs with current employer and also they want to view the work records on previous h1b. What is a "specialty occupation?" Introduction The immigration law defines a specialty occupation as one that requires the attainment of a Bachelor's or higher degree - or its equivalent - in a specialized field. i have been waiting for my extension last 8 month and finally they put a RFE. law generally requires visa applicants to be interviewed by a consular officer at a U. What does H1B RFE mean? RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. The H1B visa allows foreign nationals in “specialty occupations” to enter the U. Like this thread 0 0. Employee lacks proof of specialty occupation. 今年办理的案件中,就不乏小公司初创公司首次H1B获批的案件。位于圣地亚哥的投资咨询公司仅有1名员工,因为业务发展,为Z小姐申请Financial Analyst一职。律师事务所预判移民局会就Specialty occupation提出补件要求,通过大量的Sample work支持,案子最终得到了批准。. DHS’s Proposal to Revise Definition of Specialty Occupation for H-1B Visas Sample Corporate Organizational Chart. How to get a copy of the Form I-140 approval for H4 EAD As you know the H4 EAD law requires that either an AC 21 beyond 6th years extension or an approved I-140 approval on the H1B holder on whom the H4 depends in order to obtain the H4 work permit. USCIS could respond on a RFE case between 3 weeks to 12 weeks about the decision made on your case. The H1B visa is a temporary or non-immigrant “specialty occupation” US visa, which means the holder is employed in a position that requires specialized skills or knowledge. This list can be found on our website. 今年h-1b申请的号角即将吹响,但是高拒批率和rfe的消息还在满天飞,照这样的趋势发展下去,岂不是今年的h-1b申请能够直接获批的小伙伴根本就是凤毛麟角,大部分申请人都将直面被移民局rfe的风险。. H1B Extension Approved without RFE - May 2019 - Update Specialty Occupation supporting document from Expert If you want to receive "Sample Expert Letter" from. (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation…. If the correct supporting documentation and information is not properly submitted in the initial H-1B Visa petition, USCIS may issue a Request for Evidence (RFE). Doe, who has been hired as a faculty member in the department of Y on a temporary basis. Last week we got an official update from that USCIS completed data entry for H1B petitions. Request for Evidence to prove specialty occupation for H1B job is very dangerous and you should respond with all documents to avoid denials. If the correct supporting documentation and information is not properly submitted in the initial H-1B Visa petition, USCIS may issue a Request for Evidence (RFE). H1B Extension Approved without RFE - May 2019 - Update Specialty Occupation supporting document from Expert If you want to receive "Sample Expert Letter" from. Can lack of Specialty Occupation cause H1B denial without RFE? Yes, it can. H1B holder from South. The RFE also questions the beneficiary's maintenance of F-1 status under Curricular Practical Training challenging whether the CPT constituted an integral part of the program. H-1B visa is a temporary nonimmigrant visa which allows alien professionals to work up to six years in the United States, and it also entitles the H-1B visa holder's spouse and children under the age of 21 to accompany them and legally live in the United States on an H-4 visa. H1B Approval Trends: Level 1 Wage and Specialty Occupation Issues; Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE; H1B Documents Check List for New H1Bs; Two Common Reasons and Solutions for Educational RFEs for EB2 Petitions. This letter is submitted in support of the H1B petition of Rutgers University for Dr. Specialty Occupation. citizen and your spouse will pass through a metal detector when you enter the building. com I was in the same situation. The most common H work visa is the H-1B which is for “specialty occupations. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. employers, Department of Defense projects, and fashion models. Sample Letter for H-1B Petition. Number of H-1B Numbers Available Annually. The right evaluation agency for you case, or your client or employee's case is the one that asks about the visa and the job, and works regularly with H1B cases and H1B RFE cases. 3) Evidence to provide tha. H1B Client Letter RFE - Major Mistakes while filing H1B Petitions. prove a particular position in computer programming is a specialty occupation. 142-014 I also found the title of "Programmer Analyst" in the "Sample of Please help for RFE for specialty. (See the "Characteristics of H-1B Specialty Occupation Workers" reports available at www. H1b Rfe Work Sample. Submitted by Chief Editor on Dec 19th 2017. Before responding to the Specialty Occupation RFE, you must be aware of the following issues that can determine your response strategy. The H1B visa is a temporary or non-immigrant “specialty occupation” US visa, which means the holder is employed in a position that requires specialized skills or knowledge. RFE Discussions has 15,929 members. In most instances, USCIS will provide a request for evidence (RFE) prior to adjudicating an application for H-1B Transfer. It’s almost that time of year again for H-1B filing season FY 2016 (commencing April 1, 2015), and it’s not too early for employers to be discussing hiring needs with their management team and assessing where in the organization they wish to sponsor H-1B professionals, and identifying potential candidates that they may want to sponsor for H-1B status. A Request for Evidence (RFE) is often required by the USCIS to make a decision about an H1B visa case. What Kind of H-1B Petitions Are Most Likely to Get the Specialty Occupation RFE? It is safe to say that few, if any, employers and positions are safe from the specialty occupation RFE. Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U. Hi, This is about h1b transfer case. Citizenship and Immigration Services (USCIS) needs additional information or documentation in order to make a decision on an H-1B petition, it will issue a Request for Evidence (RFE). Also Computer Systems Analysts Jobs. The USCIS typically does not allow multiple chances at completing RFE forms. com What are the chances of clearing specialty occupation RFE from California Center ? See More. If the correct supporting documentation and information is not properly submitted in the initial H-1B Visa petition, USCIS may issue a Request for Evidence (RFE). Request for Evidence (RFE). If the USCIS concludes that a given position is not in a specialty occupation, the employer's H-1B petition will be denied. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. Understanding RFEs. The Floodgates of H1B RFE (Request for Evidence) are opened. You will receive an RFE in the mail or can check online for an outstanding RFE by using the case status tool. A Request for Evidence (RFE) is often required by the USCIS to make a decision about an H1B visa case. If you are applying for H1B Visa 2020 Cap seasons, you have first get selected in the lottery, then get H1B Visa approval. In recent months, the U. USCES provides expert opinion letters for a wide range of skills and backgrounds. If the USCIS concludes that a given position is not in a specialty occupation, the employer’s H-1B petition will be denied. H1B Client Letter Sample-Template-Format; Oracle DBA Sample H1B Specialty Occupation Job Description; Sample H1B Educational Evaluation with Experience; Job Description and the Degree Requirement: Is Your Candidate H-1B Qualified? Sample H1B Expert Opinion Letter - Specialty Occupation; H1B Affidavit Sample Letter, when a Client Letter is not. As the practice of H1B filings will continue to become more complex, it is important to know how to file and document H1B cases in specific occupations to increase the approval chances. Form I-485 is used the application for adjusting immigration status. prove a particular position in computer programming is a specialty occupation. We highlighted the fact that the position of a computer systems analyst met more than one of the H-1B requirements for a specialty occupation. Specialty occupation and wage level RFEs jumped ahead of education RFEs in response to last year's lottery. Following are many of the academic degree fields in which Expert Opinion letters have been written and approved by USCIS, as well as a sample of professional positions ("specialty occupations") Business fields: Accounting, business administration, economics, finance, management, management information systems (MIS), marketing and others. Required Documents. What does H1B RFE mean? RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. 移民官会在RFE notice上列出对你的申请抱有疑问的方面,常见被质疑的方面有:Specialty Occupation, Right to Control (Employer-Employee Relationship), Availability of Work. Sample H-1B Client Letter Posted By: Admin July 28, 2012 If you work as a contractor and currently working for a client (consulting job), the client letter is a very important document in your checklist to carry to the U. Form I-485 is used the application for adjusting immigration status. USCIS Reasons for Denial. Submitted by Chief Editor on Dec 19th 2017. But what is a specialty occupation?. Sample H1B Expert Opinion Letter - 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. You will receive an RFE in the mail or can check online for an outstanding RFE by using the case status tool. Based on past trends, the following are the top 10 reasons for being issued a RFE or a straight-out denial of H1-B visa petition: Specialty Occupation: One of the most common reasons to receive a RFE or a denial was when USCIS could not firmly establish that the petitioned role was that of a specialty occupation. Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary. Unlike the H-1B, there is no cap and no maximum limit on renewals. I have received an H1B RFE states "Right to Control Employer-Employee relationship and specialty occupation". Sample Letter for H-1B Petition. Similar RFE My H1B(six years) expired on sept 14,2006. The Sample Job Description may be used as an Oracle DBA Job Description to Evident that a DBA falls under the "Specialty Occupation" This description is general in nature for Oracle DBA/Apps DBA/SOA, please make changes as necessary. (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation…. Like the H-1B, the E-3 requires that the foreign national is coming to the United States solely to perform services in a specialty occupation. Specialty Occupation Expert Letter. H1B News (May 22, 2018) The first set of H1B visa approvals for FY 2019 were rolled out this week. • Duties Beyond Level 1 and Not Specialty Occupation: This RFE is a hybrid. employers to recruit foreign. Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others. As part of the RFE I am asked to provide: 1. MY Employer sent me this ?-Please explain why at least a Bachelor’s Degree is required to perform the duties of the position. It first went into rfe, and subsequently denied. Job description and duties for Computer Systems Analysts. 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. tech-computer science and masters in USA). What Just Happened, My Citizenship was denied! Executive Action on Immigration Investor visa H1B Specialty Occupation quick way to get a green card I need help. • Duties Beyond Level 1 and Not Specialty Occupation: This RFE is a hybrid. Specialty Occupation. ; Active Listening — Giving full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. H1B FY 2012 Would Require Online Preregistration of Employers to File H-1B Cap Petitions Thursday, December 30, 2010 | FY 2012 , H1B The Office of Management and Budget (OMB) has approved a proposed rule that would require employers to pre-register with U. We have submitted education evaluation letter(for B. employers to recruit foreign. RFE stands for Request for Evidence. The prevailing wage level is based on the employer's minimum requirements for the position. i have been waiting for my extension last 8 month and finally they put a RFE. Initiate an H-1B Specialty Worker Visa; Required H-1B documentation; Required H-1B documentation. " Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company. H1B requirements state that to be eligible for this visa the job must require a minimum of a US bachelor's degree or higher or its equivalent to gain entry into the position. The Floodgates of H1B RFE (Request for Evidence) are opened. This allows the employer to correct the problems or provide the evidence requested by USCIS. Our attorneys broke down the position and worked with the client and the beneficiary to fully understand and document the particular tasks that came with the position. even if employer provide these details do they consider? is anybody have this issue. If H1B employer cannot prove that they have specific projects in a specialty occupation for H1B worker for the entire 3 year time requested in the petition. This expert letter establishes an offered H-1B position as a USCIS Specialty Occupation, which requires the minimum attainment of a Bachelor's Degree. If you apply for an H1B transfer for a job offer that you got, but cannot prove you have the qualifications for it, your transfer will be denied. Market Research Analyst as a Specialty Occupation At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. Like this thread 0 0. sc Physics ) even though got RFE. An H1B Vvsa allows for non-immigrant workers to be employed in a specialty occupation in the U. For a H1b employee, the ultimate controller has to be the employer. H1B specialty occupation Progressively work experience Posted: 10 Aug 2019 IT 13 Years EXP. " Specialty occupation means an occupation which requires theoretical and practical application of a body of highly. 2017 H1B RFE. rfesp | rfesp | rfe split squat | rfe sporting goods inc | rfe spreadsheet | rfe sporting goods | rfe specialty occupation | rfe sporting goods inc home | rfe s. Meissner, 201 F. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. I received the following RFE 1. H1B Employer-Employee Relationship Rule How the rule affects H1B visa sponsorship and filing this year The U. What are the documents which i need to submit ? If you have any, please send it to me here or mailto: [email protected] Can someone throw some light on my RFE case for specialty occupation: The following is what they requesting 1) Detailed job description, % spent on each duty, degree reqd for each duty & organization chart. The memo rescinds a December 22, 2000 memo that instructed USCIS adjudicators to. I have Mech Engineering degree with 13+ years of IT experience. This group for RFE supporting info, discussions, approvals etc. It was denied because USCIS was not satisfied with the project details attached by his employer. right to control - sample rfe issued by uscis In general, if the RFE states Right to Control or Employer-Employee relationship, USCIS is basically requesting letters from all parties involved (end client letter, end client contracts, prime/main vendor, mid-vendors etc) documenting their role. What does H1B RFE mean? RFE means "Request for Evidence", so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. @Sureshkumar46,@Karn89 do you have any update on your cases. Written by Henry J. Whalen (September 30, 2014) I. The most important is that your education degree should be bachelor's or higher degree in a specific specialty that is directly related to the job position. Qualifying as an H-1B Specialty Occupation By Angela J. Reading Comprehension — Understanding written sentences and paragraphs in work related documents. My job needs bachelor of computers and related fields. RFE内容为:specialty occupation以及MFA的成绩单和毕业证。为了证明合理证明客户C的工作确实为specialty occupation。律师以及助理与客户C一起整理了多至100页的work sample,同时也按移民局的要求准备了相应的研究生毕业证书以及成绩单。. Bebe is the Director of Operations at The Law Firm of Shihab & Associates, Co. H-1B Visa Requirements. Sample H1B Expert Opinion Letter - Specialty Occupation Vesaservices. What does H1B RFE mean? RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case.