In recent years, computer programmers applying for H-1B visa status have run into approval issues. This is because the position's entry in the Department of Labor's Occupational Outlook Handbook states that to be employed in this position the applicant must hold an Associate's Degree, rather than a Bachelor's Degree, even though a Bachelor's Degree educational requirement is the norm. While H-1B eligibility requirements state the job must NORMALLY require a US Bachelor's Degree or higher, USCIS has been adjudicating the exception as the norm, requiring a position to ALWAYS require a Bachelor's Degree for entry. This is a common occupation for H-1B beneficiaries, they now consistently run into Specialty Occupation RFEs instead of outright approval. We often get clients coming to us with these RFEs, and we are able to get them overturned with an over 90 percent success rate. Here's how we do it:
We work with experts in every H-1B field who have extensive experience working directly in the field of the H-1B job. These experts have held leadership positions within the field that involved making hiring decisions regarding the H-1B position in question. They are able to lend informed weight to the case because they know what knowledge and skills an employee must have to be successful at the job, and to successfully support the company. We ask our clients to gather documentation including a breakdown of the duties and responsibilities of the job, evidence of past hiring practices regarding minimum education requirements, the ad for the job, and ads for the same job in parallel companies that show the minimum education requirement. Anything that can be used to justify the specialization of this position is helpful. In addition to this evidence and documentation, the expert will use what is provided in addition to their own expertise to write an opinion letter that explains why this job meets specialty occupation requirements. Don't wait to get a Specialty Occupation RFE to address this common issue. Our clients who come to us BEFORE they file for an expert opinion letter DO NOT receive Specialty Occupation RFES: their visas are approved outright.
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