Enter your email address to subscribe to this blog and receive notifications of new posts by email. endobj The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. endobj <> 8 0 obj <> endobj 22 0 obj 28 0 obj endobj <> Please use this as an aid and documents may vary for each case. <>/Border[0 0 0]/H/I/Rect[141.076 434.824 478.84 448.623]/StructParent 7/Subtype/Link/Type/Annot>> 13 0 obj <>/Border[0 0 0]/H/I/Rect[69.75 310.635 186.246 324.434]/StructParent 16/Subtype/Link/Type/Annot>> Got RFE on specialty occupation and other details. endobj <> 45 0 obj 10 0 obj <> 46 0 obj 31 0 obj <> Could someone share a sample document to help me prepare a response. 36 0 obj 27 0 obj The fact that the specialty occupation RFE has been so widespread and has targeted all kinds of employers and positions is an indication that this issue will likely linger for months or even years. As per 8 C.F.R. endobj Common H1B RFE reasons include: Speciality occupation eligibility . endobj 25 0 obj 32 0 obj The email i received was from my employer’s Immigration department asked for 4 details. 7 0 obj endobj Expert Opinion by Professor just by itself without other additional evidence might not satisfy USCIS on specialty occupation requirement. <>/Border[0 0 0]/H/I/Rect[123.75 476.221 481.863 490.02]/StructParent 5/Subtype/Link/Type/Annot>> 9 0 obj endobj A position must meet only one of the following criteria to be a specialty occupation: 1)         A baccalaureate or higher degree or its equivalent as the normal minimum requirement for entry into the position; 2)         The degree requirement is common to the industry in parallel positions among similar organizations; 3)         The employer normally requires a degree or its equivalent for the position. endobj <>/Border[0 0 0]/H/I/Rect[69.75 283.037 275.232 296.836]/StructParent 18/Subtype/Link/Type/Annot>> <>/Border[0 0 0]/H/I/Rect[140.976 407.227 593.25 421.025]/StructParent 9/Subtype/Link/Type/Annot>> 12 0 obj endobj H��UMO�0��W�ie��η���-ڮ��h�e�C�M�e������wf��ڪ+�!�=�/�{y��|�iȧ��+h�Y��2����c��4��jZz��Xa@�D���A.�X�@. USCIS Reasons for Denial. 15 0 obj 43 0 obj endobj 38 0 obj The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. ... H1b rfe specialty occupation sample Our team of attorneys have seen an increase in RFEs questioning whether an H-1B position, that an employer is hiring the foreign national for, actually qualifies as a “ specialty occupation. �V��&5�e Approximately 23% of the RFEs assessed fit this pattern. In response to the Director's request for evidence (RFE) and on appeal, the Petitioner and vendor1 provided the following information about the Beneficiary's job duties: 2 1 The vendor's letter, dated March 24, 2016, mistakenly and repeatedly references the Beneficiary in the feminine <>/Border[0 0 0]/H/I/Rect[69.75 365.83 368.543 379.629]/StructParent 12/Subtype/Link/Type/Annot>> endobj The foremost important criteria for filing an H-1B is that the job specified in the petition should be a specialty occupation. Hi got a rfe, can u suggest best way to reply to the below: Speciality Occupation You have submitted a brief description of the job duties with your initial filing: however the description submitted does not satisfactorily estabish that the position qualifies as a speciality occupation:submit: 1. endobj I was in the same situation. endobj The Murthy Law Firm recently scored another legal victory in federal court, suing the U.S. <>/Border[0 0 0]/H/I/Rect[69.75 352.031 427.154 365.83]/StructParent 13/Subtype/Link/Type/Annot>> 16 0 obj endobj <>/Border[0 0 0]/H/I/Rect[140.414 421.025 312.527 434.824]/StructParent 8/Subtype/Link/Type/Annot>> endobj The email i received was from my employer’s Immigration department asked for 4 details. endobj <> Specialty Occupation RFEs: Tips and Strategies for Navigating This Complex Issue. <> endobj <>/Border[0 0 0]/H/I/Rect[69.75 503.818 255.885 517.617]/StructParent 3/Subtype/Link/Type/Annot>> <> <>/Border[0 0 0]/H/I/Rect[69.75 517.617 542.25 531.416]/StructParent 2/Subtype/Link/Type/Annot>> 11 0 obj I mostly focus on employment-based petitions for specialty occupation workers and employment-based immigration filing related to Advanced Degree and Professional categories. The Law Firm of Sim, Parvathaneni and Brown PLLC. 3. endobj I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. endobj 18 0 obj endobj H��Umo�0��_q�8~�#��v 1� >�}i:�X3�l�ϝ�c��l�{|���z� �y4M^�(�pͪ����2�ͪ?pa��XP1KO@�RH�`u�o�7oJ����)�env�_�7y��6����p�,��9��P/�2��'��q�$��b�bٵw� �!��>x���j�`R$�-=��~zG��ۓ��8k��!�?ö���U�w��hW[k��KJn�Bk�s��`АEYYŵ-�9V�g��#���uJ��8_��.V�Lt��6, �xʬ��LF&�E^����$�]���^�� M�kf�����jĽF�h�Ys� �q�y* $IAvB\p��i04��A�o��A���&�������T��ՍSiw��C�\r�fXj1��+�$CJ�ũh�.�� EKگo��V��k']:�~�w�$�1�� �pC,O����o�q��Ρ3]��yؒ���[/��nP(H }���H���;"�Z߁��D�D;@Ô�B9�x�J��:�}"NzPwn������ ��~O�WZ��ʕþ@��q�w�[��7�f:� }H��Ӡ��9Ks0����.�R�b���ϭ�í��jo��p-.�lL��UA#�ô&m���_�A���)�6��qpk`i1BK�K"y�4i�b�Ӯ��� ����ej�v�y������L��Y��֌Bʿ�_A�Q�Z!6�y � <> **RFE Response to USCIS ­ Sample Cover letter** **RFE Response to USCIS ­ Sample Cover letter** VisaTutor. AD’s of petitioner for similar positions in the past, Degree Copies of previous hires, AD’s of end client for similar positions etc are also very useful to demonstrate that the job is a specialty occupation job. <>/Border[0 0 0]/F 4/H/I/Rect[429 598.077 433.5 610.074]/StructParent 119/Subtype/Link/Type/Annot>> 47 0 obj <>/Border[0 0 0]/H/I/Rect[138.948 296.836 554.25 310.635]/StructParent 17/Subtype/Link/Type/Annot>> USCIS denied the H1B after RFE as the proofs did not fit the USCIS strict specialty occupation guidelines after Trump’s ‘Buy American Hire American’ executive order. 2 0 obj 23 0 obj SPECIALTY OCCUPATION – SAMPLE RFE COPY ISSUED BY USCIS. Speciality Occupation Rfe Response Template. 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). <> Clean, timeless templates with a classic balanced structure. SPECIALTY OCCUPATION – SAMPLE RFE COPY ISSUED BY USCIS. endobj Additional Evidence for Specialty Occupation, employer employee relationship RFE Sample H1B RFE Response Submitted to USCIS to get Approval It is quite a comprehensive RFE and can be very hard to get every single document that is in the above list given by them. These occupations can involve leading people and making many decisions. <>/Border[0 0 0]/H/I/Rect[139.084 338.232 285.533 352.031]/StructParent 14/Subtype/Link/Type/Annot>> 24 0 obj For RFE, my attorney submitted Client letters, Academic evaluation, PO, Technical evaluation 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.