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Issues with petitioning employer information. Sign-up to get the latest news and updates. Therefore, you may receive an RFE requesting information like the employer’s Federal Tax ID Number, wage reports, lease agreement, financial statements, etc. Project Documentation Demonstrated Complexity of Position. For example, a position requiring “Bachelor’s degree in Computer Science, Engineering, or Business Administration” will probably doom this argument because Computer Science, Engineering and Business Administration are simply too unrelated to be deemed “specific field.”. SPECIALTY OCCUPATION – SAMPLE RFE COPY ISSUED BY USCIS Published: 10/03/2018. An adjudicator would expect to see educational documents (diploma, transcript, and an evaluation for foreign degree), evidence that the jobs are similar (job description, job offer, position announcements or ads, employment verification letter, petition support letter, and similar), and evidence of hire (W-2, pay records, performance evaluations, and similar). These pieces of information often allow building a legal argument that a bachelor’s degree is a normal requirements. Use a cover letter to outline your response to the RFE and itemize the contents of your submission. This makes it extremely difficult to make a case that a bachelor’s degree or higher in a specific field or higher is normally required. Our office has been very active in understanding the reasons behind this kind of RFE wave and discovering the best ways for responding. Could someone share a sample document to help me prepare a response. Don't worry, we won't send spam! When responding to a request for evidence, it will be critical to ensure you follow the directions given. One of the key legal arguments is to carefully analyze the relevant position and occupations databases. B. "a degree requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a particular position"); Defensor v. Meissner, 201 F.3d at 387. OOH, O*NET Online and Other Occupation Databases, Project Documentation Demonstrated Complexity of Position, End Client Letters and Related Documentation, Detailed Position Description and Duties Breakdown, Industry Requirements – Job Postings and Announcements by Similar Employers, Employer’s Hiring Practices and Standards, Wage Level I Salary & Specialty Occupation, December 2020 Visa Bulletin – Tapering Forward Movement for EB, November 2020 Visa Bulletin – Minor Forward Movement for EB Cases; USCIS to Accept I-485s Based on Dates for Filing, USCIS Increases I-907 Premium Processing Filing Fee Starting October 19, 2020, New H-1B USCIS/DOL Rules to Increase Prevailing Wages, Tighten Specialty Occupation Definition and Make Third-Party Placements More Difficult, USCIS Filing Fee Increase Blocked by Federal Court, EB-2 to EB-3 India Downgrade Information and Free Case Evaluation and Quote. USCIS has the power to reject petitions outright, so an RFE is a more positive position, offering you the opportunity to show that you satisfy the requirements of the classification. Double check the contents of your response, checking the format and making copies for your own records. Our office will continue monitoring related developments and provide updates. We rely on statistical compensation data for the occupational classification from a variety of government and private industry sources. Background of the Specialty Occupation RFE, The specialty occupation issue is not new. Our office will be happy to provide consultations or assistance with responding to this (or other) kind of RFEs. The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. OOH and O*NET Online are two of the key databases which are used by USCIS adjudicators and often they contain a lot of useful information to demonstrate that a position normally requires a bachelor’ degree or higher in a specific field. 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) which have been and continue to be issued by USCIS. The first page of your response should be the original RFE (blue paper). Our office has been receiving and handling numerous such RFEs and we have been working with clients and with the broader immigration attorney community to formulate a strong strategy for responding to this kind of an RFE. As the RFE seeks clarity and specificity, H-1B job duties should be drafted in a fashion that is undeniably clear and definite, even to someone who is an outsider to the specific industry (i.e. occupation entails, therefore making the specialty occupation nature of the position untenable. USCIS figures also show that H-1B approval rates are in decline, from over 80% of H-1B RFEs in 2015 down to almost 60% H-1B RFE approval rate for 2019. The role being recruited for must constitute a ‘speciality occupation’. Best Strategies to Handle Specialty Occupation RFEs. I received the following RFE 1. is to prove that offered position is a specialty occupation 2. is to prove the employer-employee relationship. This opinion letter (from someone who is expert in the relevant field – usually an university professor) makes the case that the position’s duties are sufficiently complex to require a bachelor’s degree or higher in a specific field. 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