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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.
Keeping in pace with the past two years, specialty occupation RFEs are common this RFE season, and computer programmers have been hit especially hard yet again. Computer programmers – especially those making level one wages – are especially vulnerable to specialty occupation RFEs because entry level computer programmers can sometimes be hired with only a US associate’s degree. H-1B specialty occupation requirements state that an occupation must require a minimum of a US bachelor’s degree or higher to enter the position. For this reason, computer programmers have been running into trouble. There are two main problems with USCIS’ rationalization for this RFE: 1. When an occupation SOMETIMES only requires an associate’s degree but USUALLY requires a bachelor’s degree, the USUAL should mark the industry standard, not the exception. 2. USCIS wrongly assumers that when a job is set at level one wages it is an entry level position or the wage level is set incorrectly. H-1B requirements also state that the employee must be paid the prevailing wage for the job. That is why this RFE so often arrives a double RFE calling both the job specialization and the wage level into question. However, there are many factors that go into determining a job’s wage level and just because a job is set at level one wages does NOT mean that it is an entry-level position. We recommend including an expert opinion letter in your initial petition in which an expert in the field of computer sciences with extensive FIELD EXPERIENCE beyond just instructing explains why the job is a specialty occupation requiring application of advanced skills and knowledge. Unfortunately, not every expert opinion letter is accepted by USCIS. Sometimes it’s the wrong expert. USCIS will only accept expert opinion letters from professionals with extensive field experience and prestige in the field of computer sciences. Letters from instructors and professors who do not also work directly in the field don’t cut it. Sometimes it’s your fault. It is up to the H-1B employee and employer to provide the expert with enough details about the job for the expert to write a letter USCIS will accept. That means providing the ad for the job, proof of past hiring practices that show an advanced degree is normally a required minimum, a detailed breakdown of the duties and responsibilities of the job, and the factors that went into setting the wage level. Many employees fresh out of college require a higher level of training and supervision when they first start, which significantly contributes to a lower starting wage even though an advanced degree is required. At TheDegreePeople.com, we have experts on hand with field experience to write the evaluation you or your employee or client needs to get that RFE overturned. We will advise you on what information to provide to make sure your expert gets everything they need for success. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.