Docs for RFE response: I don't know exactly what all documents my lawyer did submit. Initiate an H-1B Specialty Worker Visa; Required H-1B documentation; Required H-1B documentation. Here is the actual RFE: "Submit evidence that the alien obtained the required experience in the job offered or related occupation before May, 2003. 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. My H1B petition was filed using premium processing, and an RFE was issued within 15 days. In order to qualify as such, you will be required. sc Physics ) even though got RFE. What are the chances of approval after the reponse? Please let me know if any one got the same RFE. The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. RFE Trends More RFEs Multiple RFEs Longer processing times New Issues Level One Wages Focus on IT companies and jobs CPT/OPT fact pattern 6. Background In April 2017, President Trump signed the “Buy American and Hire American” Executive Order (EO 13788), which aims to stimulate economic growth, promote economic and national security, strengthen the U. The Petitioner is then given 90 days to submit the requested documentation and information. 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. To share some hope and show that there is chance to overcome a specialty occupation or wage level RFE, I'd like to share a recent approval that I helped one company secure this week. 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. I have received RFE questions on Beneficiary qualification and Specialty Occupation. My lawyer submitted instead some document from my previous H1b. I got recently speciality occupation rfe on my h1b. In the following article, let’s take a look at what are the most common reasons for H1B RFE and how should you response H1B RFE. Citizenship and Immigration Services (USCIS) has updated its guidance on what constitutes a valid employer-employee relationship for H-1B visas eligibility. ,& going through RFE's. As a response to the abuse of H-1B visas, groups like Progressives for Immigration Reform advertised opposition posters throughout San Francisco's Bay Area Rapid Transit (BART. If your petition for a new H1B visa (or transfer) has been denied there are specific steps that you can take to appeal. USCIS needs more information for the determination of a specialty occupation. I submitted the documents for my H1B extension by 25th October 2015. Request for Evidence, often referred to as an RFE, is a response made by the USCIS to your H-1B application. My company’s represent H1B RFE - Specialty Occupation Response. Special thanks; she not - similar | h1b visa and as well as other qualified personal finance website How companies compete for your cover-more travel insurance over 50 term life & more Empathy for your insurance claim being made Check out all the records Covered by either, your credit score in the mail in my policy Car insurance sainsbury's. Tips for Completing Your H-1B RFE. LiveChat - premium live chat software for business. All prevailing wage determinations shall. Those who are already in the United States may be able to change their statuses to employment-based categories, with appropriate employer support. Tools & Techniques to Help Determine What’s Really Needed. 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. (briefly explain why the RFE was issued). 00-0000 All Occupations top 11-0000 Management Occupations top; 11-0000 Management Occupations. The Petitioner is then given 90 days to submit the requested documentation and information. Accordingly, since the job duties of such a position are sufficiently complex to require knowledge of accounting, taxation, audit etc. Below is what they asked in summary and copy of the actual RFE issued by USCIS with the required documents. The USCIS typically does not allow multiple chances at completing RFE forms. With this in mind, use the above examples as a guide and then explore your specific job further to see whether it will qualify. An H1B Vvsa allows for non-immigrant workers to be employed in a specialty occupation in the U. To share some hope and show that there is chance to overcome a specialty occupation or wage level RFE, I'd like to share a recent approval that I helped one company secure this week. You may submit any evidence you feel will establish sufficient specialty occupation work. No answer received and said immigration lawyer could be offline. RFE (Request for Further Evidence) Response Strategies- Analysis of a NIW Approval after RFE Responded by Chen Immigration Law Associates 2013-11-25, BY WeGreened Client's credentials: 2 peer review articles, 4 citations, several conference presentations RFE received after 8 months filed by another attorney RFE approved 8 days after RFE. Introduction. My employer just submitted the RFE response. As you know, the H-1B is a work visa for specialty occupations. So here is what I learnt. Lester IV. The most common H work visa is the H-1B which is for "specialty occupations. 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. 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. 12 MG2 to provide additional information and documents to show how Mr. Can lack of Specialty Occupation cause H1B denial without RFE? Yes, it can. H1B RFE – F1 STEM OPT Maintenance of Status – Training Plan, Location. We follow CIS approval trends, and work regularly with H1B cases and their RFEs. 00-0000 All Occupations top 11-0000 Management Occupations top; 11-0000 Management Occupations. But Have gone through 7 H1b filings in the past :-) I also tend to ask a lot of questions everytime I file. RFE for H1B transfer Posted: 21 Sep 2009. (See the "Characteristics of H-1B Specialty Occupation Workers" reports available at www. H-1B visas are granted to individuals who are qualified workers in a "specialty occupation". Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether the beneficiary's degree is in a field related to the specialty occupation. The H-1B Series: Finale by George N. I140 approved waiting to file I485. LEARN MORE. Employers that sponsor foreign workers during this year's H-1B visa filing season will need to spend extra time shoring up petitions to avoid the government's dreaded requests for evidence. I got a notice that USCIS has RFE on my case on 21st January 2016. Sample Organizational Chart. 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. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. citizen and your spouse will pass through a metal detector when you enter the building. Comment: H1B RFE, Family Separation Today's Immigration Daily issue features several items of interest, including Article on Specialty Occupation and Wage Level H1B RFE Assistance, news on Ivanka Trump Vehemently Against Family Separation, A Refugee Child Has Died After Being Released From Family Detention. 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. Has anyone received such RFE (with this Degree and Job Title) before or can anyone suggest what documents can be submitted? Thank you!. 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. Specialty occupation requirement – 2 Requirements. I am not a lawyer. 今天收到RFE的信了,主要内容是由于h1b是specialty occupation的申请,所以需要证 明这个职位需要本科或者以上学历。 目前还没能和律师谈上话,不知道具体要怎么证明。大家看看,提提建议吧。. Below is what they asked in summary and copy of the actual RFE issued by USCIS with the required documents. Immigration Lawyer H1B Work Visa in NYC - Call our H-1B visa lawyer NYC at 212-571-6002 for an H-1B work Visa in New York City. You will find the following. I have received an RFE with a reason "Specialty occupation". Relist: Other. 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. I have received a specialty Occupation RFE. Conclusion. The exact nature of a specialty position is up to the USCIS, though the general criterion is that the position must require at least a bachelor's degree to perform. Some of the H1B petitions are denied by USCIS, it could be for a variety of reasons. Therefore, instruct your attorney to respond as quickly as possible and avoid using the entire 3 months allotted time. How else can we provide enough supporting documentation to prove project manager as specialty occupation (even with a b. I have received an RFE with a reason "Specialty occupation". This may include scientists, engineers, and commuter programmers to name a few. Priority date not yet current. Wage level2 working on EC model; After submitting response to my RFE, my case got approved. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H1B 'specialty occupation' classification. But I got the approval notice, so I guess my lawyer knew better. H­1B or H­1B1 professionals in specialty occupations or as fashion models, and the H­ 2B temporary nonagriculturallabor certification program. I am from Mechanical Engineering background. The Verdict. Moreover, even an occupation assigned with an entry level wage can be complex and thus require a bachelor's degree in a specialized field. The client letter should explain what the employee will be doing at the client site, the dates of the project, and clarify that the em. Form I-907, Request for Premium Processing Service (optional) If the job itself qualifies as a "specialty occupation" and the applicant is sufficiently qualified, a potential employer may petition for the H-1B on behalf of the foreign national. My company’s represent H1B RFE - Specialty Occupation Response. In response to an RFE regarding whether an offered position qualifies as a specialty occupation, an employer may seek an opinion letter from an expert in the information technology field (usually a college professor) to evaluate the position and opine whether the duties of the position require the attainment of a U. Watch this thread Start a new thread Add a post. rfesp | rfesp | rfe split squat | rfe sporting goods inc | rfe spreadsheet | rfe sporting goods | rfe specialty occupation | rfe sporting goods inc home | rfe s. USCIS is asking people to explain why at least a Bachelor’s Degree is required to perform the duties of the position. If There Is No Response to an RFE or a NOID. Submitted by Chief Editor on Dec 19th 2017. 2017 H1B RFE. 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). Preparing the information. The case facts: A Computer System Analyst received a specialty occupation RFE with a level 1 wage issue. H1B RFE for specialty occupation - Submit progressive work experience letter Sample skill letter USA for H1B PERM Green card I140 processing from previous. I am little worrying abt this… How many days it will take for the desicion after the RFE reponse?. Docs for RFE response: I don't know exactly what all documents my lawyer did submit. After your H1B visa petition is filed and you receive the I-797 Receipt Notice with your Receipt Number, you check your online case status and find the dreaded Request for Evidence (RFE) notification: “On July 15, 2018, we mailed a notice requesting additional evidence or information in this case I-129 PETITION FOR A NONIMMIGRANT WORKER. Data Analyst Specialty Occupation RFE Response. USCIS has been issuing a lot of additional evidence requests to prove 'Specialty Occupation' and why the job profile mentioned in the H1B application can't be performed by a college graduate. To share some hope and show that there is chance to overcome a specialty occupation or wage level RFE, I'd like to share a recent approval that I helped one company secure this week. When the info is not clear for USCIS they will ask for details in RFE on to prove that the. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor's level education is required for this position. In the following article, let's take a look at what are the most common reasons for H1B RFE and how should you response H1B RFE. Receiving response from our principal attorney personally. Education of the beneficiary, foreign equivalency evaluation (if overseas education like India) Availability of a Project or Client with the H1B Employer. So here is what I learnt. I was very hesitant because this was not indicated on my RFE as an alternative (in fact, no alternatives were mentioned at all!). Two Most Common H-1B RFE Issues. " Specialty occupation means an occupation which requires theoretical and practical application of a body of highly. Will that also be reviewed using premium processing? Answer Yes, generally speaking, the case will remain in the premium processing track until it is approved or denied. My feeling is the Attorney's office have done a poor job of due diligence as the RFE details and potential issues relating to earlier H1B filings were found 1 day before the RFE response due date and there was hectic to and from communication over phone and email to address the RFE even beyond normal working hours of the attorney's office. The most common H work visa is the H-1B which is for "specialty occupations. Employment-based, nonimmigrant categories include, among others, H1B (specialty occupation), L1A/B (intra-company transferee) and J-1 (exchange visitors). Therefore, instruct your attorney to respond as quickly as possible and avoid using the entire 3 months allotted time. A new H-1B policy might limit abuse of the program by mandating any visa holder hav a 'specialty occupation' rather than simply a job. RFE for H1B transfer Posted: 21 Sep 2009. 13 one of the four criteria for an H-1B specialty occupation. I really need a help and please attach any sample letters that you have. But what is a specialty occupation?. Any job could come under the H-1B visa requirement as long as it is a graduate. Indeed, the law clearly states that an H-1B classification may be granted to an alien who will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the. Yes There are 4 ways of answering the "Specialty Occupation" question. To share some hope and show that there is chance to overcome a specialty occupation or wage level RFE, I'd like to share a recent approval that I helped one company secure this week. Non-resident Indian and person of Indian origin (NRI-PIO), also called Overseas Indians or Indian Diaspora, are people of Indian birth or descent who live outside the Republic of India. The email i received was from my employer's Immigration department asked for 4 details. Here are the top three reasons the agency issued requests for evidence to employers for H-1B petitions. Sample Letter for H-1B Petition. 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. H-1B success stories from Immigration Law Associates: analysts, programmers, physicians, engineers, marketing managers, pastors, consultants and other specialty occupations; new cases and RFE responses. Has anyone received such RFE (with this Degree and Job Title) before or can anyone suggest what documents can be submitted? Thank you!. RFE (Request for Further Evidence) Response Strategies- Analysis of a NIW Approval after RFE Responded by Chen Immigration Law Associates 2013-11-25, BY WeGreened Client's credentials: 2 peer review articles, 4 citations, several conference presentations RFE received after 8 months filed by another attorney RFE approved 8 days after RFE. There are times when we receive reports that these notices are not received. The USCIS typically does not allow multiple chances at completing RFE forms. 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. I was just asked to share my paystubs. Initiate an H-1B Specialty Worker Visa; Required H-1B documentation; Required H-1B documentation. Priority date not yet current. Hi, My company recently applied for H1B visa under cap exempt for me, I received Request for Evidence (RFE) notice from USCIS. USCIS said that an H1B job is not a specialty occupation only if the employer alone thinks so unless it can be proved on paper. 昨天楼主的RFE response终于提交上去了,默默祈祷赶快通过~~ 先感叹一下楼主这段时间跌宕起伏的状态:文科专业唯一一抽,抽签前三个月不敢进行任何靠运气耗人品的活动,侥幸中签,没高兴两天就被RFE···. 5% in FY 2019, a sharp drop. RFE1) RFE in specialty occupation Progressively responsible experience. Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days. Page 4 of the New H1B Visa Memo USCIS, agrees that placing workers at a third party site is a legitimate business model, but when there are multiple vendors involved between the employer and the end-client, it becomes difficult to establish if there's an employer-employee relationship. It is often perceived as a negative response from USCIS, but it is merely an effort to gain more information about an applicant before a decision is made. What are the chances of approval after the reponse? Please let me know if any one got the same RFE. USCIS may: • find that the application or petition has been abandoned and, if so, deny it; • deny the application or petition based on the evidence already received; or. (Request for Evidence) To know more info on H1B - RFE's - Request for Evidence. Notably, USCIS never responded to the inquiry email. Meissner, 201 F. and internationally. The Petitioner is then given 90 days to submit the requested documentation and information. Practice Pointer: Responding to H-1B Requests for Evidence (RFEs) Raising Level 1 or Level 2 Wage Issues. (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. We serve corporate and individual clients throughout the U. 10 Points to remember when answering a RFE (Request for Evidence) from USCIS (Immigration Services) A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. Watch this thread Start a new thread Add a post. 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. Did you receive a Notice of Intent to Deny (NOID) from the USCIS; What is it? A Notice of Intent to Deny (NOID) is a formal statement issued by the United States Citizenship and Immigration Service (USCIS) when they have determined that the beneficiary of a petition is ineligible for the benefits they are seeking. I have received a specialty Occupation RFE. Often times, petitions for an H-1B employee are denied based on insufficient submissions demonstrating that the petitioning United States employer is an established and operating entity in the United States with the ability to hire, pay and provide sufficient specialty occupation work to the H-1B employer. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor's level education is required for this position. copy of signed employment agreement between you and beneficiary detailing the terms and conditions of employment. USCIS needs more information for the determination of a specialty occupation. copy of relevant portions of valid contracts, statements of. Receiving response from our principal attorney personally. Currently on h1b. Whether you are an H-1B visa holder filing an H1b transfer, H1b extension or a student going from F-1 to H-1B status, you should take special care to ensure you are aware of the following issues: 1. Below is what they asked in summary and copy of the actual RFE issued by USCIS with the required documents. "a degree requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a particular position"); Defensor v. All evidence listed above; What happens after one submits their response letter to the RFE? As an employee: If one receives a negative response, they may be required to leave the U. Six job announcements for Data Analyst positions, from six different employers, each showing that Data Analyst positions require at least a Bachelor's. Docs for RFE response: I don't know exactly what all documents my lawyer did submit. For instance, an organizational chart illustrating. USCIS Memorandum on Establishing the "Employee-Employer Relationship" in H1B Visa Petitions. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether the beneficiary's degree is in a field related to the specialty occupation. Is there any sample response letters available ? Can any attach their similar responses that succeed your approval? I am planning to meet my earlier supervisors to vouch on my expertise towards IT experience. My company’s represent H1B RFE - Specialty Occupation Response. Tips for Completing Your H-1B RFE. Often times, petitions for an H-1B employee are denied based on insufficient submissions demonstrating that the petitioning United States employer is an established and operating entity in the United States with the ability to hire, pay and provide sufficient specialty occupation work to the H-1B employer. I got the case upgraded to premium processing on 12th January 2016. 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. 00-0000 All Occupations top 11-0000 Management Occupations top; 11-0000 Management Occupations. My Lawyer got a RFE letter from USCIS about the Experience Letters. "a degree requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a particular position"); Defensor v. As you know, the H-1B is a work visa for specialty occupations. 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. Whether you are an H-1B visa holder filing an H1b transfer, H1b extension or a student going from F-1 to H-1B status, you should take special care to ensure you are aware of the following issues: 1. If you do receive a specialty occupation RFE, there are multiple ways to successfully address the RFE. Highlights and Trends from the H-1B Level 1 RFEs Submitted in Response to AILA’s Call for Examples III. Receiving response from our principal attorney personally. 2017 H1B RFE. 142-014 I also found the title of "Programmer Analyst" in the "Sample of Please help for RFE for specialty. I am little worrying abt this… How many days it will take for the desicion after the RFE reponse?. In order to qualify as such, you will be required. We know what triggers common RFEs, and we know how to prevent them. You may submit any evidence you feel will establish sufficient specialty occupation work. Similar RFE My H1B(six years) expired on sept 14,2006. " 8 CFR § 214. Did you miss a notice about your pending case with USCIS? While your case is pending, we may mail you notices such as a request for additional evidence or a decision notice. When an H-1B petitioner properly requests the agency’s premium processing. This may include scientists, engineers, and commuter programmers to name a few. Essentially, I agree with the previous answer. USCIS updates employer-employee status for H-1B petitions The U. As part of the RFE I am asked to provide: 1. My H1B transfer was applied in Aug 2017. H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. USCIS needs more information for the determination of a specialty occupation. The proffered position for the Beneficiary was a computer systems analyst which qualifies as a specialty occupation. Immigration Lawyer H1B Work Visa in NYC - Call our H-1B visa lawyer NYC at 212-571-6002 for an H-1B work Visa in New York City. If the USCIS concludes that a given position is not in a specialty occupation, the employer's H-1B petition will be denied. #1 H1B Specialty Occupation RFE. A specialty occupation is defined as an occupation that requires (1) theoretical and practical application of a body of highly specialized knowledge and (2) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum qualification for entry into the occupation in the United States. If the USCIS concludes that a given position is not in a specialty occupation, the employer’s H-1B petition will be denied. 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. When the info is not clear for USCIS they will ask for details in RFE on to prove that the. Please consult your attorney as he is the best person to recommend you the next move. While this may be a common response, an H-1B transfer RFE (Request for Evidence) is merely a request on behalf of the USCIS for additional proof before an H-1B approval or denial. 昨天楼主的RFE response终于提交上去了,默默祈祷赶快通过~~ 先感叹一下楼主这段时间跌宕起伏的状态:文科专业唯一一抽,抽签前三个月不敢进行任何靠运气耗人品的活动,侥幸中签,没高兴两天就被RFE···. Request for Evidence (RFE) fo EB1 Extraordinary Ability, EB1 Outstanding Professor or Researcher, EB2 National Interest Waiver - Request For Evidence Questions and Answers - detailed outstanding researcher RFE response process for EB1 and NIW, request for evidence requirements for EB1 andf NIW, EB2 National Interest Waiver petition, and how to answer RFE requests from USCIS. Received new RFE for specialty occupation H1B. This article focuses on the most common RFE reasons (part 2). Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online. I am little worrying abt this… How many days it will take for the desicion after the RFE reponse?. Six Sigma Green Belt Jobs in Bangalore; Six Sigma Green Belt Jobs in Hyderabad; Six Sigma Green Belt Jobs in Chennai; Six Sigma Green Belt Jobs in Mumbai; Six Sigma. Conclusion. 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. New data confirms what many employers have been reporting anecdotally: Requests for evidence (RFEs) and denials issued for H-1B visa petitions rose considerably in 2017. In the meanwhile my client has also changed. A specialty occupation is defined as one requiring theoretical and practical application of a body of highly specialized knowledge and the 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. Wage level2 working on EC model; After submitting response to my RFE, my case got approved. middle class, and create good jobs for Americans at decent wages. Our team provides comprehensive responses to specialty occupation issues raised by USCIS and creates specialized arguments to establish that the position that an H-1B employer is hiring for is in fact a specialty occupation position as defined by current regulations. 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. Determination of a specialty occupation-H-1B visas are granted to individuals who are qualified workers in a "specialty occupation". To share some hope and show that there is chance to overcome a specialty occupation or wage level RFE, I'd like to share a recent approval that I helped one company secure this week. In the following article, let's take a look at what are the most common reasons for H1B RFE and how should you response H1B RFE. H1B RFE contingency options Posted: 08 Dec 2017. The H1B visa is a temporary visa that is granted to non-immigrants with specialty occupation. ,& going through RFE's. The two most common types of Requests for Evidence on H-1B's, are (1) Is this job a Specialty Occupation? And (2) Does the employer have control over the employee? From the above definition of specialty occupation, two major issues arise. USCIS needs more information for the determination of a specialty occupation. Therefore, you may receive an RFE requesting information like the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. Now I am not sure about whether i should give old client details in the response to RFE or new one. Non-Delivery of Notice. No response from USCIS, changed to premium process and received RFE. There may still be visa options open for the applicant. You may submit any evidence you feel will establish sufficient specialty occupation work. 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;. Here is a sample of my general cover letter, does it look how it should? I have included everything that was requested, so I really really really hope that this is good enough for them. 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. The two most common types of Requests for Evidence on H-1B's, are (1) Is this job a Specialty Occupation? And (2) Does the employer have control over the employee? From the above definition of specialty occupation, two major issues arise. 2017 H1B RFE. How is your immigration attorney replying to H1B Specialty occupation RFE? What data points are you presenting to USCIS to prove that your job is a specialty occupation? Did anyone get their 797 aproval notice after Specialty occupation RFE?. Those who are already in the United States may be able to change their statuses to employment-based categories, with appropriate employer support. Like this thread 3 0. H1B Employer-Employee Relationship Rule How the rule affects H1B visa sponsorship and filing this year The U. I have received RFE questions on Beneficiary qualification and Specialty Occupation. Six job announcements for Data Analyst positions, from six different employers, each showing that Data Analyst positions require at least a Bachelor's. Immigration Lawyer H1B Work Visa in NYC - Call our H-1B visa lawyer NYC at 212-571-6002 for an H-1B work Visa in New York City. Analysis For the reasons set out below, we have determined that the proffered position does not qualify as a specialty occupation. I have recently got Specialty Occupation RFE for my H1B Extension. Trends in H-1B Request for Evidences To see the current regulatory standard for specialty occupation and also view a sample specialty occupation RFE issued. Non-Delivery of Notice. In the month of Feb 2018 end i got the 2nd RFE (Rfe was Specialty occupation) for the 1st petition. Education of the beneficiary, foreign equivalency evaluation (if overseas education like India) Availability of a Project or Client with the H1B Employer. Specialty occupation requirement – 2 Requirements. This policy memo stated that computer programmers should not be assumed to be in a specialty occupation position. rfesp | rfesp | rfe split squat | rfe sporting goods inc | rfe spreadsheet | rfe sporting goods | rfe specialty occupation | rfe sporting goods inc home | rfe s. ESTABLISHING MINIMUM REQUIREMENTS. Meissner, 201 F. When the info is not clear for USCIS they will ask for details in RFE on to prove that the. I have received a specialty Occupation RFE. bachelor's degree in a. responses by an American. After the response submitted for the first RFE, a second RFE was issued in December 2013, to which we responded again and from which we then sent an inquiry email to SCOPS. RFE Trends More RFEs Multiple RFEs Longer processing times New Issues Level One Wages Focus on IT companies and jobs CPT/OPT fact pattern 6. USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. Obtaining an H-1B visa as an employer or a qualified foreign national worker can be very challenging, especially since the U. Lester IV. Employers who receive such an RFE should not panic. 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. This website " Visa Information Hub" is created to share all useful information, groups links etc. As part of the RFE I am asked to provide: 1. H1B RFE – F1 STEM OPT Maintenance of Status – Training Plan, Location. 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. Analysis For the reasons set out below, we have determined that the proffered position does not qualify as a specialty occupation. David prepared a very professional looking submission and coached me on what to say, and what not to say. The original question is how to answer the below rfe in best way you indicate that the title of the job offered is a xxxxx,Included in your filing is a LCA certified by DOL which classifies this position as similar to a computer and information research scientist job. As a result, an H-1B petition filed under this category is likely to see specialty occupation scrutiny, although, as we discuss below, there are many legal and factual arguments that can be made in an initial filing and during an RFE response to make the case and obtain an approval. How is your immigration attorney replying to H1B Specialty occupation RFE? What data points are you presenting to USCIS to prove that your job is a specialty occupation? Did anyone get their 797 aproval notice after Specialty occupation RFE?. As part of the RFE I am asked to provide: 1. H1B Employer-Employee Relationship Rule How the rule affects H1B visa sponsorship and filing this year The U. Need help to write some technical content in response to H1B RFE for 'Specialty Occupation' Looking for someone who has similar experience I can provide some source for writing the content. You will find the following. Fragomen L1a Fragomen L1a. The H-1B Series: Finale by George N. In the meanwhile my client has also changed. 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. (briefly explain why the RFE was issued). I was just asked to share my paystubs. 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). "a degree requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a particular position"); Defensor v. prove a particular position in computer programming is a specialty occupation. 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). Overview II. H1B RFE - F1 STEM OPT Maintenance of Status - Training Plan, Location. Specialty Occupation In order to qualify for an H-1B, you have to show that the proposed position is what’s called a “specialty occupation. approach has been to turn I the project over so far as possible to Germans who are proven non-Nazis. When individuals receive an H-1B transfer RFE in the mail, their first reaction is often to panic. H1b Job Description With Duties And Percentages Sample Template. The H1B employer could not prove that the H1B job qualifies as a specialty occupation. Could someone share a sample document to help me prepare a response. Specialty Occupation. Employers may file an H-1B petition for an alien to perform services in a specialty occupation, services of an exceptional nature relating to a Department of Defense. Yes There are 4 ways of answering the "Specialty Occupation" question. Background & Legal Framework IV. 00-0000 All Occupations top 11-0000 Management Occupations top; 11-0000 Management Occupations. Any specialty occupation RFE got approved recently (for H1B extension)? and didnt shared the response with me. Visa Employment for Consulting Companies; Sample H1B RFE Response for In. ACCESSORIES. My feeling is the Attorney's office have done a poor job of due diligence as the RFE details and potential issues relating to earlier H1B filings were found 1 day before the RFE response due date and there was hectic to and from communication over phone and email to address the RFE even beyond normal working hours of the attorney's office. 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. As per recent report from USCIS, the specialty occupation RFE and employer employee relationship are top reasons for H1B denial especially with IT consulting companies. I really need a help and please attach any sample letters that you have. When individuals receive an H-1B transfer RFE in the mail, their first reaction is often to panic. We provide online “do-it-yourself” software and access to services to help you complete the immigration application process on your own. But Have gone through 7 H1b filings in the past :-) I also tend to ask a lot of questions everytime I file. USCIS Memorandum on Establishing the "Employee-Employer Relationship" in H1B Visa Petitions. LEARN MORE. In the meanwhile my client has also changed. However, I have seen with quite a number of cases where cookie-cutter H-1Bs filed via PP where the position is clearly a specialty occupation, the candidate is well qualified, et. Often times, petitions for an H-1B employee are denied based on insufficient submissions demonstrating that the petitioning United States employer is an established and operating entity in the United States with the ability to hire, pay and provide sufficient specialty occupation work to the H-1B employer. I am little worrying abt this… How many days it will take for the desicion after the RFE reponse?. Citizenship and Immigration Services (“USCIS”) increased its scrutiny of H-1B applications and began issuing significantly more Requests for Evidence (“RFE”), particularly for H-1B petitions that utilized a level 1 wage for entry-level occupations on the Labor Condition Application (“LCA”). 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 :Task Group yesterday reported.