H1B specialty occupation RFE response documents. a "specialty occupation" is defined in the immigration and nationality act as "an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the united … This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. I will be working for a small trucking equipment company. I have an i140 approved. My Employer tells me these days it is standard to get RFE's and Attorney's would be able to handle it. This position runs contrary to the definition of a specialty occupation. Under USCIS regulations, a "specialty occupation" is: ". Some of the H1B petitions are denied by USCIS, it could be for a variety of reasons. As the FY 2020 culminates at the end of September and October starts the new fiscal year 2021, so does the season for Request For Evidence (RFE).Recent data issued by USCIS indicate that the RFE issue rates remain high for all nonimmigrant visa categories. 08-26-2020, 04:09 PM. I got RFE on Employer Employee Relationship and Specialty Occupation. Citizenship and Immigration Services sends the candidate demand for presenting data for the confirmation. Generally, a job is a specialty occupation if it requires a bachelor's degree or higher, or the work is so specialized that it warrants the skills and knowledge gained through higher education. May 19th, 2021 H-1B and E-3 Visa, Immigration. Although, the basic process for responding to a request for . 职业专业性（Specialty Occupation）. The removal of the regulation is a welcome relief for Indian IT firms in particular, which are the biggest beneficiaries of the US H1B visa program. The reason for the RFE is because the size of the company is relatively small and it would not require a full time accountant position . RFE Response submitted on 12/20/21. 1. by Mike rahman. Barella Global focuses on all US employment and work visas, including the H-1B Specialty Occupation Visa. RFE information received on 12/02/2021. Ask a Lawyer. Receipt notice received on 11/19/2021. Received RFE notification on 11/30/2021. On 23rd h1b petition resulted in RFE and on 24th got updated to premium. . Currently working on STEM OPT, with validity until February 2021, for a mid-size company with about 1000 people. USCIS RFEs are heavily templated. A common way that the USCIS will question your application is by, "referencing the OOH [Occupational Outlook Handbook] as the primary source for whether a position is a specialty occupation, even though the Department of Labor states that this is not the purpose of the site."(David Raft (Global Immigration Partners).An agent may question your role if they believe that typical OOH . RFE 101: Specialty Occupation (H-1B) Previously, the attorneys of Reddy & Neumann wrote an article concerning requests for evidence ("RFE"), diving into what they entail, the process involved in adequately responding to these requests from USCIS, and how to avoid getting one. Last year was no different except for the monumental number of them dealing with wage level issues. A Guide through H1-B RFE December 8, 2021. Got picked in lottery, received RFE for three things: maintenance of nonimmigrant status, employer-employee relationship and employment in specialty occupation. 08-26-2020, 04:09 PM. At a glance In the first quarter of FY 2020, the rate of requests for evidence and petition denials remained high for H-1B petitions, though there was a modest improvement in H-1B approval and RFE rates in comparison to Q1 of FY 2019. In the new trend, USCIS is only approving H1B for the duration mentioned in client letter. What this means is that the H1B visa program is just one part of an overall immigration reform movement in the US. The Murthy Law Firm recently scored another legal victory in federal court, suing the U.S. 0 likes. International Evaluations is a dedicated organization providing the highest quality evaluation services for all your H1B specialty occupation-related queries. Proving - H1B Specialty Occupation RFEs One of the most common RFEs received each year is the Specialty Occupation RFE. Specialty Occupation Position: The H-1B is a work-based visa for specialty occupations, which are positions that require no less than a bachelor's degree within a specific specialized field as a minimal qualification criteria. You need to get it done. USCIS asked two aspects under the employer-employee relationship section asking for proof to establish employer-employee relationship and complete work details, if they fall under specialty occupation, client details and much more info. 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. Basically, an H1B RFE is used when an H1B visa application has to be reviewed. I am in Employer Vendor Company Model. There is a process to the award of an H1B visa, and it seems every day there is a new level of rule enforcement and another hurdle to cross. RFE information received on 12/02/2021. H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. Understand H-1B specialty occupation requirements. In order to be granted an H1B visa, an employee must be qualified to work in a "specialty occupation." Typically, a specialty occupation requires a bachelor's degree at a minimum, and the job may require a degree. #1 relates to whether the position requires a bachelor's degree or above, and is called a Specialty Occupation RFE. The H-1B visa is a nonimmigrant work visa which will admit to the United States to perform services in a specialty occupation. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent. Χ 补充内容 (2021-10-15 04:32 +08:00): 仔细看了一下specialty occupation，意识到我本科是accounting finance，研究生读的data analytics，现在做的也是data。 Talk to them and they can guide you through. This means they routinely ask for things already submitted and the RFE tends to feel a lot heavier then it really is. U.S. immigration rules stipulate that H-1B nonimmigrant visas can only be provided to workers who will be filling a "specialty occupation" on a temporary basis. #4 H1B Qualifications. If you receive a Specialty Occupation RFE, you likely need a Specialty Occupation Expert Opinion Letter from ProfVal Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same. A federal appeals court verified a clear interpretation of the specialty occupation definition for H1B visas after the court found out certain positions. H1B Visa: What is a Specialty Occupation? If your employer wants to sponsor you for an H-1B visa, the job position must be a specialty occupation, meaning, that it requires a theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the . As part of the RFE I am asked to provide:<br> 1." 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.<br> 2. This has paved the way for different industries to seek these visas. My HR and manager took about 2 weeks to form the appropriate answers and sent them to USCIS, and I got the approval about 5-6 days later. This thing you can get it from any US college. For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. This could be 3 or 6 months. This response is a way for them to garner furthe. No Comments. You can try google as w. The H1B status is for foreign workers who will hold specialty occupations. Issues with the H-1B beneficiary's background or academic qualifications for the specialty occupation position. #6 IT Consulting In-house projects. Positions not in H-1B specialty occupations Could they still end up getting one? I have applied for H1B from another employer in 2021 and name comes in second lottery (in July). This article will discuss: #1 H1B Specialty Occupation RFE #2 Employer-Employee Relationship Proof #3 Availability of Work at Client Location #4 H1B Qualifications #5 Maintenance of Status RFE #6 IT Consulting In-house projects I suspect it is due to the Role change. Over the recent past USCIS has issued tens of thousands of specialty occupation RFEs and this has been by far the most common RFE issue both in terms of frequency and in terms of complexity. an occupation that requires theoretical and practical application of a body of specialized knowledge; and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States." Specialty Occupation (position must require a specific bachelor's degree) Employer-Employee Relationship (the H-1B employer must set the terms of employment and control the schedule) Availability of Work (off-site work or in-house) for the requested duration of employment Beneficiary Qualification (suitable degree or equivalent) This is the first time in 9 years that this has happened. working on STEM OPT, with validity until February 2021, for a mid-size company with about 1000 people. Following past trends, here are the top ten reasons to expect this year for RFE issuances or outright H-1B visa denial: Specialty occupation - inability to establish that the said role was a specialty occupation. This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. Came to the USA in 2017 on L1B, my current visa expiring in may-2022 and currently in USA . General . According to this same data, the percentage of H-1B petitions that receive an RFE is increasing. Posted on Feb 10, 2021 Generally, USCIS will challenge most wage level one H1B petition filings as not being a specialty occupation position. Citizenship and Immigration Services (USCIS) over an H1B petition denial based on lack of specialty occupation. It can help determine if you're fit to receive the visa in the first place. Request for Evidence, often referred to as an RFE, is a response made by the USCIS to your H-1B application. RFE Response submitted on 12/20/21. The employer must take this seriously. The primary reason is: why this is a specialty occupation and how my degree relates to the job. Posted by thedegreepeople October 18, 2021 October 18, 2021 Posted in Uncategorized Tags: Expert Opinion Letter, H1b RFE, H1B Specialty Occupation RFE, H1B Wage Level RFE, I-140 RFE Post navigation Previous Post Previous post: Complete Plan to Develop I-140 Back to H-1B Discussion Forum. In 2015, the approval rate was in the high 90th percentile. H1B RFE : Employer - Employee Relationship, Specialty Occupation, Work Itinerary, etc. . . Close All Open All Eligibility Criteria The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary . by Mike rahman. Many of the Requests for Evidence received for H-1B petitions related to whether or not the position meets the criteria of a specialty occupation. In recent denials of H-1B petitions, the USCIS has been taking the position that the occupation for which H-1B classification is sought must require a degree in the specific field. 总体来说，要符合H1B专业职业的要求，至少要满足本科以上学位，这也是H1B补件（RFE）中最常见的原因。. For the 2023 financial year, H1B registrations must be made between March 1, 2022 and March 18, 2022. Denials Product Manager H1B - Transfer RFE. I have an MBA degree and a bachelor's degree with 4 years of experience in the data & analytics product side and 3 years before that in engineering. And they have expedite process as well means if you got fast pace then can do that very fast. Earlier in Jan 2021, USCIS also published the increased wage rule for H1B lottery selection.. Last year, DOL was forced to roll back the wage level increase after the courts in California and New Jersey canceled both the H1B wage and the new specialty occupation rules. by Mike rahman. Expert Opinion Letter template for a specialty occupation RFE (H-1B) *The following H1B Specialty Occupation RFE response sample of content assumes that a position and beneficiary meet the USCIS requirements. The RFE Request is Just One More Step Toward Obtaining an H1B Visa. During the transfer, I got RFE from USCIS. Applied for H1B petition for FY 2020 season with Change of Status. There are other requirements that may apply. Specialty occupation RFEs are extremely common. 1 view. Lastly, the percentage of H-1B petitions that are approved at all is declining. If candidate is paid a fair salary, worked legally their entire status, all documents requested provided, all employment at established fortune 100 companies etc. It means the USCIS needs more documents from you to make their decision. 0 responses. Apart from the H1B visa, the H-1B seems to be the alternative quite well-known nonimmigrant repute withinside the U.S. Many applicants are facing the H1B transfer visa denial by the USCIS. - HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE LEVEL I . Specialty Occupations. #1 H1B Specialty Occupation RFE. ©2020, 2021, 2022 ProfVal, LLC. The RFE will not mean that your visa is denied. December 1, 2021. H1B registration deadline 2022. The primary reason is: why this is a specialty occupation and how my degree relates to the job. RFE does not indicate that your paper is continuing to move rejected or also that this is extra inclined to be rejected. The USCIS will send you a request for the Evidence (RFE). The Double RFE, which takes issue with both the occupation and the wage level is common amongst complex RFEs and is based on two incorrect assumptions on part of USCIS: If a position is set at . #5 Maintenance of Status RFE. August 19, 2021 What is RFE and H1B RFE The meaning of RFE is Request for Evidence and the H1B RFE signifies [USCIS] U.S. Last Post. Job code in LCA doesn't match with the Job code for current role. one of the explicit requirements for each h-1b petition is that the petitioner prove that the offered position is "specialty occupation" which is defined to as "an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor's or higher degree in the specific … #7 LCA Corresponds to Petition RFE. Timeline was: Applied on 11/19/2021. 1 view. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. Started by Mike rahman, 08-26-2020, 03:17 PM. How do we prove Employer Employee Relationship in EVC Webinar: Specialty Occupation RFEs: How to Prepare a Strong H-1B RFE Response July 22, 2020 at 1 pm ET. Specialty Occupation RFE September 17, 2021 Every year thousands of very experienced international citizens apply to serve in the United States on the H1B visa. #2 Employer-Employee Relationship Proof. Show decent posts Show all posts. Product Manager H1B - Transfer RFE. To get an idea of what an H-1B Specialty Occupation response sample should include, see the general sections below. My HR and manager took about 2 weeks to form the appropriate answers and sent them to USCIS, and I got the approval about 5-6 days later. While many attorneys have different strategies on how to tackle these cases, I am in favor of what is called "Front-Loading." I try to put 0 responses. 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. H-1B VISAS FOR SPECIALTY OCCUPATIONS. On 23rd h1b petition resulted in RFE and on 24th got updated to premium. 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. what are some common reasons for an RFE during h1b transfer? In order to be granted an H1B visa, an employee must be qualified to work in a "specialty occupation." Typically, a specialty occupation requires a bachelor's degree at a minimum, and the job may require a degree. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. This time they are going through the rulemaking process and expect the rule to start in July 2021. Unfortunately, it's not enough for an employer to simply declare to immigration services that the role it is petitioning to fill is a "specialty occupation." RFE is short for "Request for Evidence". Report post. 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 a bachelor's degree or higher in a specific specialty as a minimum for entry . Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition. Call 773-687-0549 or contact us for a consultation . Received RFE notification on 11/30/2021. In 2015, the RFE rate was between 10% and 30%. The Biden administration has lifted a regulation proposed by former US President, Donald Trump, which sought to narrow the definition of 'speciality occupation' under the H1B visa program. Got picked in lottery, received RFE for three things: maintenance of nonimmigrant status, employer-employee relationship and employment in specialty occupation. 3 4. facebook twitter reddit hacker news link. Further, following Trump Administration policy changes, many immigration firms were finding that routine H-1B cases were being denied. My Question:- 1. Started by Mike rahman, 08-26-2020, 03:17 PM. There are other requirements that may apply. Hi, I am tranfering my H1b from company A company B. I have an MBA degree and a bachelor's degree with 4 years of experience in the data & analytics product side and 3 years before that in engineering. #8 AC21 and Six Year Limit RFE. This article will discuss: … Job Description Am22tech.com . Hello Folks, I have received an H1B RFE. Specialty Occupations. Our services include RFE solutions, Expert Opinion Letters, Education/Work Experience Evaluations. 如何判断，主要看几方面 . Now, in 2019, that rate has gone up to just over 60%. 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