USCIS and employers have a different idea of what qualified an H-1B employee for their specialty occupation. It is commonplace for employers to hire a candidate with a degree in a field related to the position, given they have proper work experience to master the specialized skills and knowledge necessary to perform it.
It has been years since USCIS has regularly approved H-1B cases in which a beneficiary has the required US Bachelor’s degree in a field RELATED to the specialty occupation.
Last year we had countless clients come to us with specialty occupation RFEs. Some of them came to us with RFEs that they had tried to get overturned with an expert opinion letter, and failed.
One such client came to us with a specialty occupation RFE for computer programmer. He had submitted an expert opinion letter with the petition, anticipating issues arising. However, the expert opinion letter he included in his petition was from the WRONG expert.
USCIS only acknowledges expert
RFE season is now, and when CIS finds one problem with a petition, they tend to find more. Over the past few years, we have seen a common double RFE involving specialty occupation and education issues.
H-1B eligibility rules state that to qualify for H-1B status the H-1B employee must hold a US Bachelor’s degree or higher or its equivalent in the exact field of the H-1B job. The job must be a specialty occupation, one that requires a minimum of the H-1B educational requirements for entry
Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions.
RFE Discussions group: https://www.facebook.com/groups/rfediscussions
H1B Extension or Transfer Denied (To know next steps): https://www.facebook.com/groups/h1bextensiontransferdenied/
1. Specialty Occupation :
The petitioner did not establish that the position qualifies as a specialty occupa