Not to mention that the petition approval is decreasing too. In order to demonstrate that an H1B position is a specialty occupation, the petitioner must demonstrate at least ONE of the following four criteria: 1. Since 2017, USCIS has been adjudicating this as ALWAYS instead of NORMALLY, making the exception the rule. We expect this litigation trend to continue until the RFE rate drops. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. Specialty occupation, wage level, and employer-employee relationships have become some of the most common RFEs since USCIS began misreading their own approval rules. Even though this will cost more in the short-term, it could be the difference between your H1B denial or approval. Recently USCIS agents have also been drilling into details more and more. 703.348.8448  |  Fax. In 2015, the approval rate following a RFE notice was 83.6 percent. 500, Falls Church, VA 22041  |  Disclaimer  |  Website by Zola Creative, H-1B RFE Rates Rise Again – Along with Approval Rates, 6066 Leesburg Pike, Ste. No cosigner required. We have an over 90% approval rate for specialty occupation and wage level RFEs. If the USCIS agent believes you haven’t provided sufficient evidence to prove this or they have specific questions that relate to your application, the USCIS will issue you with an RFE. By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. They also consider whether all the duties each week (and even each day) are similar to specialty occupation duties and responsibilities. Why Would You Get an RFE for a Specialty Occupation? © document.write(new Date().getFullYear()) The Anwari Law Firm, PC  |  Tel. In 2018, it dropped down to 62.3 percent. In this article, we’ll look at what a specialty occupation is, what you need to prove you meet this requirement, and what can do if you receive a specialty occupation RFE. When you apply for a visa, the USCIS has to determine whether your application and the information and documentation you provided prove you meet the visa requirements. Anticipate common RFEs. Because the application lacks the required evidence, the USCIS issues a specialty occupation RFE. This is the official stats from USCIS. If your employee or client has a job that is listed in the Department of Labor’s Occupational Outlook Handbook as usually but not always requiring this minimum advanced degree, you must provide additional evidence about the specific job in question. The same expert opinion letter than can prevent or address the specialty occupation issue and can and should address any wage level issues anticipated. Recommended Posts. USCIS defines a specialty occupation as one that requires a minimum of a bachelor’s degree to perform. The second quarter of FY2020 brought a slight increase in H-1B RFE rates to 35.8%, which is up 0.5% from FY2019’s second quarter. What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Services (USCIS) has been issuing. Or you may have to provide documentation such as an expert opinion letter (a letter from an expert in the field vouching that the position is a specialty occupation) or a manager support letter (showing your company’s motivation on why the position is a specialty occupation). You can read more about Requests for Evidence here. The more information you can provide your expert about the H-1B job the better the letter will be and the higher chance that you, or your employee or client will have of H-1B visa approval. In the last quarter of 2019, 60% of petitions got RFE and of those, 60% were approved. This evidence must show that specialized skills and understanding is needed and how it is applied in the day-to-day duties and responsibilities of the job. An immigration attorney will know exactly what documents to provide to prove your case. Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS’ illegal denials of H-1B visas. An RFE isn’t a denial, so don’t worry if you get one. If a USCIS agent believes the typical OOH requirements are not similar to your position’s duties, they can issue an RFE. Along with this, an expert opinion letter is advised to lend authority and analysis to the additional evidence and documentation provided. This has also led to a significant reduction in H1B RFE approval. You may often hear the words “undocumented immigrant”, and not know exactly what they mean. This can be difficult for consulting firms, which is why in past years this was not a requirement. Do not file without a complete review of your case to see where additional evidence and documentation – including credential evaluations, expert opinion letters, and work itineraries – are needed. If you get a specialty occupation RFE, don’t stress. H-1B employees with low wage level starting salaries have run into trouble in recent years. By h1i140, January 12, 2018 in H1B : General. Also, keep in mind that the position requires a “bachelor’s degree” isn’t enough to prove specialty occupation. Well, there are plenty of... Loans for up to $35,000. 703.348.8455, 6066 Leesburg Pike, Ste. H1B approvals after RFE in 2018 – 2019 But the USCIS agent can use his or her discretion to issue an RFE for any other reason as well. The best way to beat an RFE is to prevent it. Basically, this definition requires two things for a position to be a specialty occupation: For a position to pass the test of being a “specialty occupation“, the position must meet at least one of the following requirements: So, before the position you are offered in the U.S. will be regarded as a “specialty occupation,” you must prove the position meets at least one of the above four criteria. No prepayment penalty. h1i140 0 ... Posted January 12, 2018. The nature of the specific duties required for the position is so specialized and complex that the knowledge needed to perform the duties is usually associated with a bachelor’s or higher degree. The simple truth is specialty occupation RFE has been on the rise since the April 2017 Presidential Executive Order. The H1B applicant must have no less than the equivalent of a U.S. bachelor’s degree in an area related to the position’s requirements. The bachelor’s degree required must be in a “specific specialty” or a specific field related to the position. The long list of requirements for an H1B visa, including the “specialty occupation” requirement isn’t new. Or, if the USCIS agent believes the entry-level educational requirements for your position according to the OOH are not a bachelor’s degree, the USCIS agent has the discretion to issue an RFE. If you are applying for an H1B visa, you should expect a specialty occupation RFE. What does this mean for H-1B applicants and their sponsors? Ever since 2015, when the RFE rate was merely between 10% and 30%, the percentage has grown, reaching 60% in 2019. 500, Falls Church, VA 22041, USCIS Eliminates 30 Day Work Authorization Processing Requirement for Asylum Applicants, USCIS Rule Strengthens Employment Eligibility Requirements for Asylum Seekers. https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/h-1B-quarterly-requests-for-evidence-2015-2019-Q1-top-30-employers.pdf Contact the Anwari Law Firm for help responding to an RFE. If the entry level position does not always require the employee to have a bachelor’s degree, the petition receives an RFE for specialty occupation and wage level issues. One of the most common reasons why the USCIS issues an RFE in H1B petitions is because, in their application, the petitioner didn’t show the position they will be filling qualifies as a specialty occupation. Every year thousands of highly skilled foreign nationals apply to work in the U.S. on the H1B visa.

h1b rfe specialty occupation approval rate

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h1b rfe specialty occupation approval rate 2020