H1b Rfe Specialty Occupation Sample Response

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. For RFE, my attorney submitted Client letters, Academic evaluation, PO, Technical evaluation. It's best to send the RFE response via priority mail with delivery confirmation so that you have proof that you complied with the deadline. continues to offer unparalleled evaluation and translation services to clients all over the United States and abroad with a commitment to accuracy and customer. If you don't respond to the RFE in time, USCIS will only base their decision on what information you initially provided and will most likely deny the application. Therefore, you may receive an RFE requesting information like the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. They won't reject it just because you upgrade to premium processing. tech-computer science and masters in USA). thedegreepeople writes: Get the professional help with US H1B visa RFE and denials with us. 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”). A high-quality Specialty Occupation Expert Opinion Letter is concisely written and gives clear and. Soon after moving into their seemingly idyllic new home, a family learns of a brutal crime committed against former residents of the dwelling. I have a BMath - Business Administration Degree and getting a job as a Senior sales in the US applying through Economist I just received a RFE from USCIS for Specialty Occupation (How the job fit into Economist and how does my credential required) , the law firm said that there is a big increase on RFE in the last couple months and they are requesting an expert opinion letter. Which Templates You Must Prepare During Original Filing. Once you have completed the response packet, make an exact copy for your records. Specialty occupation RFE and Approval. I did not relocate but travel every week to location B for Client 2. The Verdict. bachelor's degree or above (or their foreign equivalents). Moreover, even an occupation assigned with an entry level wage can be complex and thus require a bachelor’s degree in a specialized field. Vi Nguyen and her team at Law Offices of Dakshini R Sen, P. Immigration ParalegalinMultiple Locations-Sr. education, training, or experience may, in certain instances, qualify the proffered position as a specialty occupation. 2(h)(4)(ii). My H1B case got RFE this year for specialty occupation and Vi has become my hero. It is also great news for employees that are eligible to fill a specialty occupation. php(143) : runtime-created function(1) : eval()'d code(156) : runtime. The deadline is not calculated from the day you receive the RFE!. in Computer Science (STEM field). E) --- During H1B filed i had not submit this ( My Bad). Specialty Occupation RFE Response Documents checklist. H-1B Status for Specialty Occupations. Specialty Occupation. Sample Itinerary of Services (H1B RFE) Several Request for Evidences (RFEs) from USCIS ask to support the H1-B petition with how the petitioner's job duties will be split up and time divided for the duration the H1-B visa duration. I really need a help and please attach any sample letters that you have. We follow CIS approval trends, and work regularly with H1B cases and their RFEs. You may receive the RFE through the U. A list of Top 10 H1B Visa RFE's doesn't really provide any value to you. 2017 H1B RFE. Wage level2 working on EC model; After submitting response to my RFE, my case got approved. It is imperative you file the response by the deadline. Print This Page Concurrent, Transfer, Extension of H-1B Employment. H1B Visa Salary Database 2019 - By Employer, Job, or City. It doesn’t mean that your application has been rejected, but simply that some documents are missing from it, and they’re needed to. 【10%OFFクーポン対象】STOCK S002R 腕時計 ユニセックス ストックウォッチーズ Stock Watches 時計 STW020005 父の日 プレゼント 父の日ギフト おしゃれ かわいい デザイン 時計 誕生日 結婚祝い 出産祝い 引越し祝い 改装祝い 送別 退職 内祝い 新築祝い 誕生日プレゼント,【最大1,100円OFFクーポン!. Com, please Ask a Question and an H1B Expert will provide an answer within 24 Hours! Recent questions tagged h1b-specialty-occupation-rfe Ask a question:. The employer may sponsor an H-1 worker visa to apply for a green card, if desired. Sample Itinerary of Services (H1B RFE) Several Request for Evidences (RFEs) from USCIS ask to support the H1-B petition with how the petitioner's job duties will be split up and time divided for the duration the H1-B visa duration. sample work product showing that the job is complex and requires knowledge gained in a degree 3. 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. Request for Evidence, often referred to as an RFE, is a response made by the USCIS to your H-1B application. To qualify for H1B visa, the job should be a “specialty occupation,” meaning one that normally requires a US Bachelor’s degree or the foreign equivalent. ” 8 CFR § 214. Important Notes for H1B Transfer Process: You must be employed in H1B status on the date that the H-1B Transfer petition is filed with USCIS. H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE and how to deal with the Level I Wage RFE. 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. This visa allows the visa holder to work and live in the country. Therefore, you may receive an RFE requesting information like the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. (A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;-----I have done Diploma in computer Application --- (DCA -12 months course - from remotely when I was in India during my B. I was very hesitant because this was not indicated on my RFE as an alternative (in fact, no alternatives were mentioned at all!). The short answer is, the response due date will be listed on the RFE. I was just asked to share my paystubs. Expert Opinion Letter for H1B Specialty Occupation Our office has been in close contact with USCIS, other practitioners and affected clients and we have been working on a strategy to handle this kind of RFE responses. education, training, or experience may, in certain instances, qualify the proffered position as a specialty occupation. What others are saying Directed by Jim Sheridan. It doesn't mean that your application has been rejected, but simply that some documents are missing from it, and they're needed to. A higher level position also makes the subsequent RFE response a lot. This happens because you might not have an advanced degree or maybe your diploma is not the right fit for the position. Trump Thumping of H1B Filings Expected to Continue. The Verdict. 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. Strategies For Avoiding H1B Extension RFE & H1B Transfer RFE. Overview II. In the meanwhile my client has also changed. This means that an employee may only work at the sponsoring employer and in the job as it was described in the initial petition. The application or petition will be held in suspense during that time. Over the last year, we have seen a marked increase in the number of Requests for Evidence ("RFEs"), Notices of Intent to Deny ("NOIDs"),issued on H-1B petitions based on USCIS' assertion that the position does not qualify as a "Specialty Occupation" position. Degree - duties - percentage memo H1B Lottery 2018 Picked, Got RFE, Need suggestions to reply for RFE. Soon after moving into their seemingly idyllic new home, a family learns of a brutal crime committed against former residents of the dwelling. As the H1-B season approaches, petitioners are gearing up towards filing for H1-B visa. The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. , the position requires the incumbent to possess at least a bachelor's degree in the relevant field. Watch this thread Start a new thread Add a post. 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。. What is H1B Visa? H1-B Visa is a nonimmigrant Visa which is designed to allow U. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. 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. If there is a difference in the wage level of the employee listed in the petition and the level indicated for that job title in the Occupational Outlook Handbook, a Specialty Occupation Expert Opinion Letter is needed in response to the RFE. H-1Bs are only for those positions that require the knowledge acquired by possessing at least a U. His employer had placed him at a third party client site for the project. In such cases, USCIS may issue a RFE seeking the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, and other basic information. For some H-1B petitions, Requests for Evidence question whether the wage level selected on a Petitioner's LCA corresponds with the position being offered to the H-1B worker. 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. In order to qualify as such, you will be required. How to find out if a job qualifies for H1B visa? Please see the above answer. I have a BMath - Business Administration Degree and getting a job as a Senior sales in the US applying through Economist I just received a RFE from USCIS for Specialty Occupation (How the job fit into Economist and how does my credential required) , the law firm said that there is a big increase on RFE in the last couple months and they are requesting an expert opinion letter. They won't reject it just because you upgrade to premium processing. **RFE Response to USCIS ­ Sample Cover letter** VisaTutor. Generally, physicians, professors, engineers, accountants, attorneys and similar professional occupations are less likely to be scrutinized. We follow CIS approval trends, and work regularly with H1B cases and their RFEs. Any changes in employer or employment require a new petition. Therefore, companies may need to rely on more expert opinions and closely follow regulation when showing that a position meets one of the criteria for designating the position as a specialty occupation. But nearly 100% of the applications filed as Computer Systems Analysts received an RFE in 2017. 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. Success! The H-1B extension was approved for a computer systems analyst despite the difficulties involved. Most Common H1B RFE (Request for Evidence) reasons. H1B Visa allows foreign workers in specialty occupations to legally work in the U. Determination of a specialty occupation-H1B visas are granted to individuals who are qualified workers in 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. The reasons including but not limited to: Level 1 Wage — entry-level salary would not suffice for H1B application; The position offered typically does not require a bachelor’s degree. 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). For some H-1B petitions, Requests for Evidence question whether the wage level selected on a Petitioner’s LCA corresponds with the position being offered to the H-1B worker. Nothing, at least in this writer's own more than 30 year experience as an H-1B lawyer, has been a bigger or more troublesome source of RFE's for this visa. We are looking for a paralegal who has at least 5 years of corporate immigration experience. Also, don't get scared if you receive an H1B RFE. Furthermore, it offers guidance regarding the fact that not all positions for computer programmers meet this standard. Like this thread 3 0. 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. Our readers and clients who have been involved in the H-1B program and especially over the last 12+ months must have experienced or at least heard about the "specialty occupation" requests for evidence (RFE) and H1B Denials which have been and continue to be issued by USCIS. Trump Thumping of H1B Filings Expected to Continue. USCIS announced its resumed premium processing on Monday, Jan. - HOW TO SUCCESSFULLY OVERCOME USCIS' WAGE LEVEL I AND SPECIALTY OCCUPATION REQUEST FOR. Vi Nguyen and her team at Law Offices of Dakshini R Sen, P. 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. I was lucky enough to be selected from the lottery on my first try. Our strategies have been successfully implemented by many companies to meet the H-1B visa requirements. H-1Bs are only for those positions that require the knowledge acquired by possessing at least a U. 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. Dunno why the immigration lawyers didn't mention that the office was relocating to One World Trade Center in the RFE response. In such cases, USCIS may issue a RFE seeking the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, and other basic information. Also, don’t get scared if you receive an H1B RFE. H-1B Visa: Experience Verification Letters to Show "Progressive" Experience in the Specialty The H-1B visa is for foreign workers who hold "specialty" occupations. 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。. In the second week of march' 2018 i upgraded my Petition-2 to Premium processing. H1B Approval for IT Consulting Company Petitioner in New Jersey, Indian Systems Analyst Beneficiary, Specialty Occupation Issue Response to RFE brief with 16. An H1B Vvsa allows for non-immigrant workers to be employed in a specialty occupation in the U. Watch this thread Start a new thread Add a post × Please submit your thread title. To inform yourself regarding this policy shift and its implications, please consider our following articles: "USCIS Now Issuing H-1B Specialty Occupation RFEs Due to Low Wage. Specialty Occupation RFE Response Documents checklist. Here are some common reasons for H1B RFE: 1. On July 13, 2018, Citizenship and Immigration Services (USCIS) posted a new policy memorandum that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish. USCIS contends that anyone with some training can do this job, and as such, it is not a speciality occupation. Foreign nationals being or to be employed by a US employer in specialty occupation is eligible for H1B status/visa. It is worth noting that RFEs may be issued for multiple reasons. For some H-1B petitions, Requests for Evidence question whether the wage level selected on a Petitioner’s LCA corresponds with the position being offered to the H-1B worker. Shah Peerally is a Bay Area Immigration Lawyer offering immigration legal services in the San Francisco Bay area. Sponsoring company will make the. E) --- During H1B filed i had not submit this ( My Bad). 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. We offer services likes H1B specialty occupation RFE, H1B wage level RFE, extension denied, opinion letters and I-140 RFE and employment at the lowest cost. employers to temporarily employ foreign workers in specialty occupations. The case facts: A Computer System Analyst received a specialty occupation RFE with a level 1 wage issue. 1 (Updated 9/20/17 ) Table of Contents. A high-quality Specialty Occupation Expert Opinion Letter is concisely written and gives clear and. 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. After filing the petition, the local immigration attorney received an extensive Request For Evidence (RFE) asking for proof that the position of CFO/Controller was a “specialty occupation” qualifying for H1B treatment, proof that the employer was a legitimate business, proof that the position offered was a qualifying position and that. Our strategies have been successfully implemented by many companies to meet the H-1B visa requirements. The step­by­step process described in Section II. Therefore, companies may need to rely on more expert opinions and closely follow regulation when showing that a position meets one of the criteria for designating the position as a specialty occupation. Visa was approved after USCIS issued an RFE challenging the off-site placement of the employee. H-1B visas are granted to individuals who are qualified workers in a "specialty occupation". Evidence of the specialty occupation and the applicant's eligibility. Review msn nursing masters online degrees & graduate programs in philippines on gradschools. The initial RFE was was. I was just asked to share my paystubs. Our readers and clients who have been involved in the H-1B program over the last couple of years (and especially those participating in the H-1B cap filing season) must have experienced or at least heard about the Wage Level I requests for evidence (RFE) which have been and continue to be issued by USCIS. This article focuses on the most common RFE reasons (part 2). H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. Specialty Occupation. php(143) : runtime-created function(1) : eval()'d code(156) : runtime. As the "Buy American Hire American" executive order and corresponding political ideology spread across the country, employment based immigration petitions have come under increased scrutiny. These are no longer very effective, but what they represent is basically a letter from a an expert in a given field (often a University professor) writing a detailed opinion concerning what the requir. Nothing, at least in this writer's own more than 30 year experience as an H-1B lawyer, has been a bigger or more troublesome source of RFE's for this visa. The Floodgates of H1B RFE (Request for Evidence) are opened. Immigration ParalegalinMultiple Locations-Sr. Two Most Common H-1B RFE Issues. (briefly explain why the RFE was issued). Vi Nguyen and her team at Law Offices of Dakshini R Sen, P. Introduction. Our strategies have been successfully implemented by many companies to meet the H-1B visa requirements. This article focuses on the most common RFE reasons (part 2). The H1B visa policy, introduced with the Immigration and Nationality Act of 1990 established temporary renewable visas (for a maximum of 6 years) for college educated specialty professional workers, most of whom were in STEM occupations. It allows the visa holder to work in the United States for 3 years with a 3-year extension. 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. Therefore, companies may need to rely on more expert opinions and closely follow regulation when showing that a position meets one of the criteria for designating the position as a specialty occupation. What is the H1B Visa?. This response is a way for them to garner further information from you to aid them in. In order to qualify as such, you will be required. USCIS Memorandum on Establishing the "Employee-Employer Relationship" in H1B Visa Petitions. 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. 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. It is worth noting that RFEs may be issued for multiple reasons. H1B Visa allows foreign workers in specialty occupations to legally work in the U. Employers who receive such an RFE should not panic. , a Systems Analyst employed by one company who also does consulting work for another company. 【10%OFFクーポン対象】STOCK S002R 腕時計 ユニセックス ストックウォッチーズ Stock Watches 時計 STW020005 父の日 プレゼント 父の日ギフト おしゃれ かわいい デザイン 時計 誕生日 結婚祝い 出産祝い 引越し祝い 改装祝い 送別 退職 内祝い 新築祝い 誕生日プレゼント,【最大1,100円OFFクーポン!. In order to qualify as such, you will be required. An H1B Vvsa allows for non-immigrant workers to be employed in a specialty occupation in the U. 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. To qualify for H1B visa, the job should be a “specialty occupation,” meaning one that normally requires a US Bachelor’s degree or the foreign equivalent. This article focuses on the most common RFE reasons (part 2). Do you want to get H1B Visa application approved without RFE? Then you have to read this article. When filing an H1B in this hostile environment, it is critical for the H1B candidate and the employer to choose a higher level position when possible, in order to increase the chance of approval. Therefore, you may receive a RFE requesting information like the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. 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. H1B Approval for IT Consulting Company Petitioner in New Jersey, Indian Systems Analyst Beneficiary, Specialty Occupation Issue Response to RFE brief with 16. H1B Specialty Occupation RFE Response Cover Letter, Proofs. The deadline is not calculated from the day you receive the RFE!. There are several reasons why the USCIS issues RFE's for H1B applicants. It is worth noting that RFEs may be issued for multiple reasons. Real examples of H1B RFE's, USCIS RFE Notices for all 10 H1B Visa RFE Reasons. I got a notice that USCIS has RFE on my case on 21st January 2016. Citizenship and Immigration Services (USCIS) implemented a rule that has great significance and restricts some types of Companies from hiring and sponsoring H1B workers and filing H1B visas. Therefore, you may receive a RFE requesting information like the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. com/public/1zuke5y/q3m. The most common H work visa is the H-1B which is for "specialty occupations. My company has apllied for H1b for a business intelligence analyst position in dallas this year and I got my RFE last week. Comman H1B Visa RFE Reasons H1B RFE - Is it common these days? Request for Evidence (RFE) is issued by the USCIS requesting the applicant or the petitioner to provide additional evidences to support the case filed. Got RFE as USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. Employers: get ready for a RFE (Request for Evidence) from the USCIS. However, since the case has already been successful in the lottery, it will be processed under the cap as long as a timely RFE response is made. By Brandi O. 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. Next, we had to submit a timely Response to Request for Evidence (RFE) that fully addressed USCIS' doubts on the position being a specialty occupation, which is a key H-1B requirement. Determination of a specialty occupation-H1B visas are granted to individuals who are qualified workers in a "specialty occupation". For example, a petition filed by an IT consulting business for a specialty worker performing an in-house project. Submitted by Chief Editor on Dec 19th 2017. His employer had placed him at a third party client site for the project. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. It doesn't mean that your application has been rejected, but simply that some documents are missing from it, and they're needed to. In the second week of march' 2018 i upgraded my Petition-2 to Premium processing. USCIS H-1B Adjudications and RFEs Questioning Level I Wage Selection October 19, 2017 NAFSAs International Student and Scholar Regulatory Practice Committee (ISSRP) and its Employment Based (EB) Subcommittee are aware of the evolving issue of H-1B Requests for Evidence (RFEs) related. In the above situation,. In such cases, USCIS may issue a RFE seeking the employer's Federal Tax ID Number, wage reports, lease agreement, financial statements, and other basic information. The notice will explain where to send the evidence and will give the deadline for response. Validation Instrument for Business Enterprises (VIBE) Specialty Occupation. The employer may sponsor an H-1 worker visa to apply for a green card, if desired. Once you have completed the response packet, make an exact copy for your records. 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. Sample Request Letter For Manpower Replacement. H1B Visa Salary Database 2019 - By Employer, Job, or City. Dunno why the immigration lawyers didn't mention that the office was relocating to One World Trade Center in the RFE response. This video goes over your RFE, and the things you will need to gather to submit your letter. We follow CIS approval trends, and work regularly with H1B cases and their RFEs. My employer applied H1B for me back in April of this year. Number of H-1B Numbers Available Annually. His employer had placed him at a third party client site for the project. LEARN MORE. if this is how it is, then RFE on specialty occupation for "project manager" will surely lead to a denial. I was just asked to share my paystubs. To qualify for an H1B visa to work in the US, a foreign worker must have a temporary offer of employment in a specialty occupation from a US employer. Qualification of the H1B Speciality Occupation: Sometimes, employers just file the application for the employee or H1B worker without properly establishing that the position is specialty occupation and it is required to hire a high skilled worker. 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. My company has apllied for H1b for a business intelligence analyst position in dallas this year and I got my RFE last week. Before responding to the Specialty Occupation RFE, you must be aware of the following issues that can determine your response strategy. For additional information on How to Respond to a USCIS Request for Evidence (RFE), please contact EB5 Affiliate Network. The reasons are listed from most common to least common. H1B visas allow organizations to employ foreign professionals for specialty occupations for up to 6 years (10 for defense contract workers). E) --- During H1B filed i had not submit this ( My Bad). middle class, and create good jobs for Americans at decent wages. This happens because you might not have an advanced degree or maybe your diploma is not the right fit for the position. My H1B case got RFE this year for specialty occupation and Vi has become my hero. Furthermore, it offers guidance regarding the fact that not all positions for computer programmers meet this standard. php(143) : runtime-created function(1) : eval()'d code(156. 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. The reasons for RFE was End client letter and specialty occupation with duration. How else can we provide enough supporting documentation to prove project manager as specialty occupation (even with a b. The fee is the same as your initial H-1B Filing and. I really need a help and please attach any sample letters that you have. Once you have completed the response packet, make an exact copy for your records. In the meanwhile my client has also changed. We offer services likes H1B specialty occupation RFE, H1B wage level RFE, extension denied, opinion letters and I-140 RFE and employment at the lowest cost. , the position requires the incumbent to possess at least a bachelor's degree in the relevant field. H-1B Status for Specialty Occupations. By the way, RFE stands for Request for Evidence. 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. Important Notes for H1B Transfer Process: You must be employed in H1B status on the date that the H-1B Transfer petition is filed with USCIS. Late response will not be allowed. Generally, IT jobs such as Computer Programmer, Software Engineer, etc. if this is how it is, then RFE on specialty occupation for "project manager" will surely lead to a denial. Over the last year, we have seen a marked increase in the number of Requests for Evidence (“RFEs”), Notices of Intent to Deny (“NOIDs”),issued on H-1B petitions based on USCIS’ assertion that the position does not qualify as a “Specialty Occupation” position. If the USCIS concludes that a given position is not in a specialty occupation, the employer's H-1B petition will be denied. The H1B employer could not prove that the H1B job qualifies as a specialty occupation. Citizenship and Immigration Services) when an immigration or visa application is lacking required evidence, or the immigration officer needs additional evidence to determine the eligibility of an applicant for the benefit sought. One other explanation you can sometimes arise in a hospital. Request for Evidence, often referred to as an RFE, is a response made by the USCIS to your H-1B application. However, I just received RFE for Specialty Occupation couple of weeks ago. ” 8 CFR § 214. I was just asked to share my paystubs. Search millions of H1B salaries from the up-to-date official H1B data disclosed by the United States Department of Labor by company, job title, location. As the H1-B season approaches, petitioners are gearing up towards filing for H1-B visa. Sample Request Letter For Manpower Replacement. " 8 CFR § 214. 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. The green card marriage interview will be conducted at the USCIS Field Office address on your interview notice (Form I-797C). By: Shah Peerally Esq. It allows U. These types of RFEs ask for:. An RFE was issue to amendment to explain if specialty occupation is required for new job. As an Experienced immigration attorney in the Bay Area, his law firm situated in Fremont-Newark focuses on immigration laws with an emphasis on employment based immigration H1B visa, L1A, L1B visas, PERM Labor Certification. employers to temporarily employ foreign workers in specialty occupations. 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. 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. The fulfillment of even ONE of these above methods alone is wholly sufficient to qualify this position as a specialty occupation. Once you submit the appropriate paperwork in response to the RFE, you can expect to hear back from USCIS within the next 60 days about their decision or what further action is needed. It is worth noting that RFEs may be issued for multiple reasons. Practice Pointer: Responding to H-1B Requests for Evidence (RFEs) Raising Level 1 or Level 2 Wage Issues. Dunno why the immigration lawyers didn't mention that the office was relocating to One World Trade Center in the RFE response. 28, 2019, for all fiscal year (FY) 2019 H-1B cap petitions. Top reasons for RFE on H1B Petitions. A high-quality Specialty Occupation Expert Opinion Letter is concisely written and gives clear and. These RFEs typically suggest that the job description sounds more complex than a Level I Wage, which is to be used for an entry-level job. H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE and how to deal with the Level I Wage RFE. × Close Welcome to H1BSupport. Search millions of H1B salaries from the up-to-date official H1B data disclosed by the United States Department of Labor by company, job title, location. It can help determine if you’re fit to receive the visa in the first place. More specifically, in some cases where the employer has used a level one wage for the prevailing wage, USCIS has issued an RFE stating that "wage level 1 positions are typically not specialty occupation in nature. i am working as computer system analyst and myeducation qualification is MBA and bachelor in technology in electronic and electrial engineering. Sample Itinerary of Services (H1B RFE) Several Request for Evidences (RFEs) from USCIS ask to support the H1-B petition with how the petitioner's job duties will be split up and time divided for the duration the H1-B visa duration. 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. Generally, IT jobs such as Computer Programmer, Software Engineer, etc. Therefore, you may receive an RFE requesting information like the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. 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. The initial RFE was was. In such cases, USCIS may issue a RFE seeking the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, and other basic information. The H1B visa is a specialty occupation, work visa. This response is a way for them to garner further information from you to aid them in. Trump Thumping of H1B Filings Expected to Continue. An H1B Vvsa allows for non-immigrant workers to be employed in a specialty occupation in the U. 2(h)(4)(ii). Relist: Other. Docs for RFE response: I don't know exactly what all documents my lawyer did submit. com/public_html/wuj5w/fgm. 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. 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. H1b Rfe Work Sample. Validation Instrument for Business Enterprises (VIBE) Specialty Occupation. H1B Employer-Employee Relationship Rule How the rule affects H1B visa sponsorship and filing this year The U. USCIS data indicates 2018 H-1B Cap denials were up! The FY 2019 H-1B cap-subject quota season will open on April 1, 2018, with filings between April 2 -6, 2018. After waiting patiently for over 7 months to hear back on our I-129F application, we got what looks to me like a simple form letter RFE demanding even further definitive proof that we have been in a long term relationship (my fiancee got the letter, as she is the petitioner). As mentioned in first article, below are the six common RFE requests that are given by USCIS. The Verdict. Impact of H-1B Cap Processing on Other Case Types. 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. 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.