I got h1b rfe last month and we are preparing a response but I want to be proactive and find out if what are all the possible response we can provide.
In order to be qualified to perform services in a specialty occupation, the beneficiary must meet one of
the following criteria:
•Holds U.S. bachelor 's or higher degree required by the specialty occupation from an
accredited college or university; or
•Holds foreign degree determined to be equivalent to a U.S. bachelor 's or higher degree
required by the specialty occupation from an accredited college or university ; or
• Hold an unrestricted state license, registration or certification which authorizes him or her to
fully practice the specialty occupation and be immediately engaged in that specialty in the state
of intended employment ; or
• Have education, specialized training , and/or progressively responsible experience that is equivalent to completion of a U.S. bachelor's or higher degree in the specialty occupation , and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
USCIS interprets the term "degree" to mean not just any degree , but a degree in a field of study that is related to the position. For purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college level training the beneficiary lacks. For equivalence to an advanced ( or Master's) degree, the beneficiary must have a baccalaureate degree followed by at least five years of experience in the specialty . If required by the specialty , the beneficiary must hold a Doctorate or its foreign equivalent. You must show that the beneficiary has met one of the criteria above.
To satisfy this requirement, you submitted:
• A letter of support with the assertion that the beneficiary is qualified by virtue of her master's
in Information Management and her foreign degree in Computer Engineering as well as her Optional Practical Training experience with your company; and
• Copies of the beneficiary's degrees and transcripts.
The evidence you submitted is insufficient to satisfy this requirement. The beneficiary appears to be qualified for a specialty occupation in the field of Information Management or a closely related computer-based specialty. It is not evident from the documentation provided that the beneficiary is qualified for any other specialty occupation .
USCIS routinely references information provided in the Department of Labor's Occupational Outlook
Handbook (OOH) which discusses the educational prerequisites for positions. The OOH indicates the
following educational requirements for Industrial Designer positions:
A bachelor's degree in industrial design, architecture, or engineering is usually required for
entry-level industrial design jobs. Most industrial design programs include courses in drawing ,CADD etc
How do I prepare for this rfe