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Case Study: How to Deal with a Double Nightmare H-1B RFE

When USCIS takes issue with one aspect of an H-1B petition, they rarely stop there.  One common example is the Double Nightmare RFE, which is a specialty occupation RFE and a wage level RFE rolled into one. 

Complicated RFEs are answered by going back to the basic approval requirements.  Getting wrapped up in the wording and specific demands of an RFE is a trap.  Read it over with your team, then put it down and go back to the basics.  For H-1B eligibility, a job must meet specialty occupation requirements, the beneficiary must hold the necessary advanced degree in the field of the H-1B job, there must be an employer-employee relationship, and the beneficiary must make the prevailing wage for the job in that industry, in that geographical location, for companies of that size.

The Double Nightmare RFE calls two of these requirements into question.  Beneficiaries making level one wages are especially vulnerable to this RFE because USCIS claims they either are not making the prevailing wage for the job, or the job is not a specialty occupation as evidenced by the low wage.

This RFE can be answered with just one expert opinion letter that addresses both issues as they correlate.  Your job is to provide the expert with as much detail and documentation about the job, its duties and responsibilities, past hiring practices, ads for that job and similar jobs as possible.  The goal is to paint a detailed picture of why this particular position requires a minimum of a US bachelor’s degree or higher in the field to perform.  You must also provide a breakdown of the factors that went into setting the wage level as it is, including the level of training and supervision the employee will need to start, and why this is the case.  Again, providing documentation of past hiring practices and the starting wage for the job is essential.  All of this is needed to provide the expert with the information needed to write the opinion letter your client needs to get that RFE overturned.

The expert must be a professional in the field of the H-1B job with extensive field experience beyond just being an instructor or professor.  USCIS routinely rejects expert opinion letters from experts who only teach the field rather than work in it.  At TheDegreePeople.com we only work with experts with direct field experience to write expert opinion letters, and it works.

If you, or if your employee or client has received a Double Nightmare H-1B RFE, we can help.  Visit ccifree.com/ for a free consultation.  We will get back to you in 48 hours or less.

 

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