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Overturning the RFE for Specialty Occupation

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posted Aug 16 in H1B Visa RFEs by Sheila Danzig (8,100 points)

It's RFE season and CIS is coming down especially hard on “borderline” occupations this year.

These are jobs that don't necessarily require a US bachelor's degree or its equivalent or higher according the the US Department of Labor's Occupational Outlook Handbook (OOH). Some borderline jobs include management positions, certain computer and tech positions, certain healthcare occupations, and other jobs that vary in specialization based on the individual circumstances of the unique job itself.

When an employer fills out the Labor Conditions Application, they must choose the employee's occupation from the OOH. This selection is used by CIS to determine the prevailing wage the H1B employee must be paid. Employers of H1B candidates with borderline jobs can choose a job from the OOH that emphasizes a central aspect of the occupation that requires a US bachelor's degree or its equivalency or higher. This is where three problems arise that result in some very serious RFEs:

First, most jobs don't meet the duties and responsibilities outlined in occupations in the OOH 100%. This is a vulnerability CIS takes advantage of to issue an RFE.

Second, when employers do this, the job on the petition does not match the job on the LCA.

Third, the wages employers are paying their H1B workers is called into question because the wages being paid to the H1B worker is not the same as the wage level as stated for the occupation in the OOH.

These are very serious RFEs.

Does this mean employees with borderline occupations are out of luck this RFE season? No, but it requires answering the RFE with a lot of evidence, documentation, citations, and analysis. The goal is either to prove that this particular occupation is uniquely specialized as to require an advanced degree, or that the candidate's degree equivalency meets the educational requirements stated for the OOH job indicated on the LCA.

Don't try to answer this RFE alone. This is not something you can do without help from experts in international education, the details of H1B educational requirements, and CIS approval trends, and is familiar with the various OOH/ONET positions and their requirements. While there are no guarantees with CIS, at TheDegreePeople.com, our experts have been able to overturn these RFEs with a 100% success rate. Visit http://ccifree.com/ and let us help you solve your RFE dilemma.

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