USCIS won’t send you a second petition, so make sure everything is right the first time around. This can be done through references, letters or any other documents from previous employers that can prove the relevancy. USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. If you do that too late, that’s when your application will be denied, and you’ll have to take your time and reopen the case. We presented a very strong legal case to the court, so we were confident that either the USCIS would feel compelled to make an offer that would satisfy our client, or else we would be able to convince the judge to rule in our client’s favor. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. This individual, however, had a bachelor’s degree in biolo… A baccalaurea… USCIS Reasons for Denial. Once a lawsuit is filed, the USCIS has the option to try to settle the matter with the plaintiff rather than proceeding to trial. While this was an important victory for our client, it should also serve to encourage employers not to be intimidated into accepting flawed H1B denials. Follow the instructions in this article, and if you still have curiosities, check out Stilt, as we have some posts with a lot of information that might help you. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. It also means that the officer thinks you or your employer are not eligible for the visa in the first place. Pay close attention to these words – Frivolous and substantially incomplete filings. As for H1B RFE approval rates, they’ve had a decrease as well. Hi. The Murthy Law Firm recently scored another legal victory in federal court, suing the U.S. This is a common issue when it comes to H1B applications. Nevertheless, you’ll still be asked to provide evidence that you have it. ? In the alternative, the USCIS offered to reopen the case and issue a request for evidence (RFE) on availability of work; and, in responding to the RFE, we could provide an updated SOW, which would allow the USCIS to approve the petition for a longer period of time. The USCIS is bound by federal laws and regulations in how H1B petitions are reviewed. As negotiated, the case was reopened, an RFE was issued, and we responded with the updated SOW. Not to mention that the petition approval is decreasing too. Copyright © 2020, MURTHY LAW FIRM. Although the employer needs to satisfy only one of the four requirements, we argued that the evidence on record satisfied all four criteria. These levels are used to classify workers, so that when a foreign worker gets employed, it won’t affect the condition of the workers from the U.S. If you need to extend or transfer your H1B petition, or even make a new one, you should know that an I-129 form will be required by the USCIS. Looking at the evidence they requested for the RFE, I think they didn't look at my masters in Computer Science and only looked at my Bachelors. Basically, an RFE may be requested if a small business is filing an H-1B petition for an alien who possesses skills not commonly associated in that field. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. USCIS will ask you for an explanation of the relevance of the degree for the job. We appreciate the generosity of our client in allowing us to use this case as an example to our readers. If you provide proof to solve the problems that led to the NOID, you might save the case. An H1B RFE refers to a situation when USCIS needs evidence in an H1B Case, so a request is sent to an applicant to receive it. Basically, the employer-employee relationship needs to be evaluated, and this is difficult to do if you work off-site. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position. 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. The employer required a candidate with at least a bachelor’s degree in computer science, electrical engineering, a closely related engineering field, or the equivalent. USA. If the RFE is denied too before 240 days, unfortunately, you will have to leave US. Apart from RFE petitions, there are also NOID ones. (I have my I-94 till June 30 2019) My company filed for my H1 extension recently: Use employment history and pay statements as proof for it. It is 75% at this moment, while it used to be around 90% four years ago. Four years ago, the rate was 80%. Include the required documentation, and double-check everything to make sure you send the complete package to the right address. In our initial filing with the federal court, we detailed how the USCIS denial had been arbitrary and unlawful. No prepayment penalty. The USCIS offered to approve the case through the end date listed in the statement of work (SOW) submitted with the initial filing. Let’s explore this inquiry and see what it involves. It can help determine if you’re fit to receive the visa in the first place. Since petitions are something serious, you have to understand every aspect of them so you don’t do anything wrong. Although this Murthy Law Firm client had the option to file a motion to reopen (MTR) or appeal, no such action is required before suing in federal court. There was only one problem: she had a degree in a different field To qualify for an H-1B visa, individuals must be able to prove that their educational background matches the job field that they would be performing in the U.S. Is it true?? The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree. Depending on your situation as an employee, you can have level 1, 2, 3 or 4. In addition, do not panic or make any decisions while your emotions are running high. Was your petition for obtaining a U.S. citizenship recently rejected? 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