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The Double RFE

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posted Aug 20 in H1B Visa RFEs by Sheila Danzig (8,100 points)

Welcome to the 2017 RFE season! It's the worst year yet when it comes to difficult RFEs and lots of them. We've seen common RFEs regarding education, we've seen Nightmare RFEs, and now we're seeing the Double Employment Issue RFE.

While there are no guarantees with USCIS, our experts at TheDegreePeople.com have been able to get every Double Employment Issue RFE overturned. We see a lot of RFEs every year, and this your we are seeing the H1B Level 1 Wage and the Specialty Occupation RFEs together in one RFE.

The Level 1 Wage RFE occurs when an employer marks that wage level on the LCA and CIS questions whether the jobs indicated in this wage level are adequately specialized to meet H1B requirements. If the jobs indicated in this wage level on the LCA don't exactly match the job title on the H1B petition – which most jobs will not – CIS can issue an RFE.

The Specialty Occupation RFE also calls into question whether the H1B job on the petition meets CIS requirements for specialization that state for a job to meet these requirements the candidate must have a US bachelor's degree or higher or its foreign equivalent in the field of the job. If it is unclear whether this job demands these minimum qualifications, CIS will issue an RFE. This becomes a problem when a specific position for a specific company requires a higher degree of specialization than similarly titled jobs, or there is inadequate documentation of the degree of specialization of the duties performed in this job. Of course, “adequate documentation” is subjective. You may have filed a detailed petition that spells out the specialized nature of your clients work, and you may still receive an RFE.

There are no guarantees with CIS, and H1B candidates are learning that the hard way. The Double Employement Issue RFE means extra time and extra money to answer...unless you know the right people who can help you. Overturning the Level 1 Wage RFE and the Specialty Occupation RFEs both require individual expert opinion letters explaining why the wage levels are set where they are and how that meets H1B regulations, and another explaining why this particular H1B job is adequately specialized. Most evaluation agencies will make you order both of these letters separately. We do it all at once, and our track record shows it works.

Simply got to ccifree.com/ and let us help you overturn the Double Employment Issue RFE. At just a slightly higher cost of just one issue per letter, our experts can handle the entire RFE in one expert opinion letter that addresses both issues in this RFE. This will save you time, money, and peace of mind.   

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