If the actual requirements for a position include a higher degree, the foreign worker must have such a degree, or the foreign equivalent. February 23, 2019, 9:47am #1. 3% in FY 2018, from a high of 83. Router Screenshots for the Sagemcom Fast 5260 - Charter. 2% approval rate in February 2019, the lowest monthly rate so far. Please rest assured that the pandemic generally does not affect our capacity to handle your case. This can delay processing, commensurate with the nature of the RFE. So far in FY 2019, the agency has approved only 60. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. occupation entails, therefore making the specialty occupation nature of the position untenable. >> H1B Requirement 2: a specialty occupation By Bill at February 17, 2016 01:15. working as software engineer now. Next, we had to submit a timely Response to Request for Evidence (RFE) that fully addressed USCIS’ doubts on the position being a specialty occupation, which is a key H-1B requirement. ” At this point, the only way to gain approval for an H1B visa is to demonstrate that your job position is indeed considered as a specialty occupation. qualify for H1B, and issue extensive RFE requesting evidence for the position’s qualification as a specialty occupation. 4% of those petitions were subsequently approved. I entered in US on 30th apr 2017. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. We have a team of lawyers has experience in different RFE programs of H1b visa holders. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. All 27 of the top employers of H-1B visa holders experienced an increase in denials for H-1B petitions for continuing H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. 3% were approved. In RFE Resposne Review status more than 60 days. In 2015, the RFE rate for H-1B petitions was up to 30%. pdf), Text File (. – February 2019, went to india, got stamped no issues. I was working for company "X" up july 31st, but I applied for a H1B extension through company "Y" based on the labor certification applied by the company "X" in dec 2004. Within the work visa category, the H-1 visa is for people who have specialty occupations. Citizenship and Immigration Services (USCIS) implemented a rule that has great significance and restricts some types of Companies from hiring and sponsoring H1B workers and filing H1B visas. I am also attaching the RFE document. CASE: H-1B Visa Petition - Response to Request for Evidence Our office filed a detailed Response to RFE brief with 16 exhibits to the USCIS Vermont Service Center on May 8, 2014. - February 2019, went to india, got stamped no issues. How to Prevent Wage Level and Specialty Occupation Issues this H1B Season by Sheila Danzig It’s a new year and that means now is the time to start organizing cap-subject H1B petitions for filing the first week of April. The current trend in RFEs on H-1B visas do not just challenge the Level 1 wage, but also whether the position qualifies as a specialty occupation. ” At this point, the only way to gain approval for an H1B visa is to demonstrate that your job position is indeed considered as a specialty occupation. "The Right Immigration Attorney Makes All The Difference" H-1B (Specialty Occupations) The H-1B visa category applies to foreign nationals employed in specialty occupations that involve theoretical and practical application of highly specialized knowledge and which require a bachelor's degree or its equivalent in work experience. We have recent news from the U. You did the correct thing to not join employer B based on receipt number. Rating is available when the video has been rented. Determination of a “Specialty Occupation” H-1B visas are granted to individuals who are qualified workers in a “specialty occupation”. 3 percent were for workers with a professional degree. USCIS approved L-1 petitions at a rate of 77. Determine qualification for a "specialty occupation. 2(h)(4)(ii) Specialty occupation means an occupation which. pdf), Text File (. Make sure that your employer files the proofs to support your employment as H1b Specialty occupation is the number one reason for H1B RFE and then denial. Q3 CC Revenue Growth of 6. Please rest assured that the pandemic generally does not affect our capacity to handle your case. First spotted by Axios, a US Citizenship and. He tells Get Ahead readers about the various status -- pending, rejected and approved. Foreign workers such as engineers, teachers, computer programmers, medical doctors, and physical therapists may be employed under the H-1B, H-1B1, and E-3 visa classification. A federal judge ruled U. ) 4) Letters from industry related professional associations indicating that they have made a bachelor's degree or higher in a specific specialty requirement for entry into the field. Tis the season to file for one of the most popular visa types: The H-1B visa. 4% of H-1B petitions filed, down over 9% from the FY2018 approval rate. employer and foreign employee to meet specific rules. – February 2019, went to india, got stamped no issues. The L-1 RFE rate in the first three quarters of this fiscal year was 53. Last year, the Level 1 Wages RFE shocked computer programmers and their employers and lawyers. After your H1B visa petition is filed and you receive the I-797 Receipt Notice with your Receipt Number, you check your online case status and find the dreaded Request for Evidence (RFE) notification: "On July 15, 2018, we mailed a notice requesting additional evidence or information in this case I-129 PETITION FOR A NONIMMIGRANT WORKER. I-129 - Petition for a Nonimmigrant Worker Specialty Occupations (H-1B) by Fiscal Year, Month, and Case Status: October 1, 2014 - September 30, 2019 Period Petitions by Case Status Fiscal Year Month Petitions Received 1 Initially Approved 2 Initially Denied3 Total Completions 4 Approved (%)5 Completions with RFE6 Completions with RFE (%)7. employers to hire temporary workers in a specialty occupation. Due to budget constraints I was rolled off on March 30, 2016 from Client B project for which h1b extension cum amendment was filed. As the practice of H1B filings will continue to become more complex, it is important to know how to file and document H1B cases in specific occupations to. Once the visa is approved the applicant gets a work permit to work for that company in the US. These petitions are for beneficiaries whose H-1B visas were previously approved. Make sure that your degree and specialty occupation are in line with each other It is highly recommended that your specialty occupation is corresponding to your degree. Background. 8 percent had a doctorate, and 3. Another interesting data-point: Approvals following an additional Request for Evidence (RFE) stood at 67. Citizenship and Immigration Services (USCIS) office. LCA Online Filing via FLAG System Overview of the H-1B, H-1B1, and E-3 Temporary Programs H-1B. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. 3% were approved. , January 2020. Once the visa is approved the applicant gets a work permit to work for that company in the US. Common Reasons for Denial of an H-1B Visa. Officers are spending more time carefully screening the H-1B job duties to ensure that they meet specialty occupation requirements i. It is a temporary visa that employers use to hire foreigners in “specialty occupations” for which there are not enough skilled American workers to fill available jobs. What are the chances or Approval in my case ? I had a valid H1B until 2019 with company A (Consulting Company) now I moved to company B (Direct Client). the USCIS officer). H1b extension cum amendment was filed for new Client B on Aug 2015 and I started working for Client B. 💥💥Sharing My Own(Admin) Approval info 💥💥 H1B extension Approved from California Center without RFE - Non-IT Background working in IT ☆ SOC code - 15-1133 ☆ California Center ☆ Extension Approved until 3 years ☆ FTE - 9 years Experience ☆ Premium processing, ☆ Documents Reached on May 3rd 2019 ☆ Approved on May 13th 2019. 'If you are so blinded by the Buy American, Hire American policy, if you are not going to be fair, consistent and welcoming, in the end America will. About five weeks after plaintiff submitted its RFE response, USCIS approved the H-1B petition. 21 % and the L&T group combined (comprising L&T InfoTech and L&T Tech Services). ETITIONS As Table 1 shows, the denial rate for initial H-1B petitions has risen from 6% in FY 2015 to 24% in FY 2018 and 33% through the second quarter of FY 2019. Below is a snippet of the RFE issued by USCIS recently for RIGHT TO CONTROL/EMPLOYER-EMPLOYEE RELATIONSHIP listing the documents needed (All. 4 percent of H-1B petitions were approved, compared with 61. More than 75% of H-1B petitions approved for the fiscal year 2017 were for candidates from India, and the majority of the petitions were for computer-related occupations, according to USCIS data. 3% in FY 2018, from a high of 83. sc Physics ) even though got RFE. This category also applies to a fashion model of distinguished merit or ability and workers with exceptional merit and ability relating to a Department of Defense research and. H1B Employer-Employee Relationship RFE from CSC. Thought I will share my experience here. H1Bs are limited to 85,000 per fiscal year, something referred to as the H1B cap. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. Questions for you. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. This amounted to an overall H-1B approval rate of 84. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. "specialty occupation. did you get a RFE and how difficult was the approval. 5% were approved. According to the report, the denial rate for H1B petitions increased by 41 percent from the 3rd to the 4th quarter of fiscal year 2017 (FY17), which ran from. Specialty occupation Rfe. This category also applies to a fashion model of distinguished merit or ability and workers with exceptional merit and ability relating to a Department of Defense research and. Again, even after responding to the RFE, many petitions are still denied—the approval has been about 50% since FY 2017. T he H-1B visa allows foreign nationals to enter the US and work in a variety of “specialty occupations” ranging from architecture and engineering to medicine and fashion modeling. Q3 CC Revenue Growth of 6. A “specialty occupation” is defined as an occupation that requires practical and theoretical application of highly specialized knowledge and requires at least a bachelor’s degree or higher in the specific specialty as a minimum for entry into the occupation. These are historically very high denial rates and clearly USCIS is seeking more information to qualify as a specialty occupation position. It is a temporary visa that employers use to hire foreigners in “specialty occupations” for which there are not enough skilled American workers to fill available jobs. population estimate due to a number of factors. This document describes the procedures operating locations need to follow to complete and submit the Labor Condition Application (LCA). An attorney may assess whether the facts of the case support the notion that the position offered is a specialty occupation and that the intended beneficiary is qualified to work in such an occupation. Once the Form I-129 is approved, you can start work immediately if you are already in the U. 3 percent were for workers with a professional degree. He tells Get Ahead readers about the various status -- pending, rejected and approved. Next, we had to submit a timely Response to Request for Evidence (RFE) that fully addressed USCIS’ doubts on the position being a specialty occupation, which is a key H-1B requirement. This means that they have completed advanced education degrees or have extensive training. H1B RFE/approval/rejection rates ? i just found out yesterday that i got an rfe on my h1b visa in premium processing. An RFE is a procedural request that the USCIS makes on applicants of H1-B visas. While each case is unique taking into account position type, employer characteristics, employee background, nationality and specific industry – a strategic approach with knowledge of likely interpretation and action is. Specialty Occupation RFEs: H1Bs Now Easier to Win? H1B RFE for Wage Level 1 for Computer Programmers - Duration: H1B RFE Wage Level 1 Approval Story - Duration:. Separate form must be submitted for each applicant. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. Switching job becomes tough under new H-1B rules. Recent USCIS statistics show that by FY 2018, only 84. A good starting place regarding H-1B fees is the Department of Labor Fact Sheet #62H. LCA Online Filing via FLAG System Overview of the H-1B, H-1B1, and E-3 Temporary Programs H-1B. Initially got RFE (specialty occupation), replied on 22nd july. H1B - MOST COMMONLY DENIED OCCUPATIONS, H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE. 1-129 H1B RFE STANDARDS • A table as shown below for all employees employed by you at the time you filed this Form 1-129. This is a true story. I moved to different client and same employer and filed a amendment. Often, employers are not prepared for the fees involved in an H1 visa case, let alone the wages. This included both new and renewable H1B visas. The INA allows employment of alien workers in certain specialty occupations (generally those requiring at least a bachelor's degree or its equivalent). H1B Visa – Criteria For Eligibility. That's a real low rate of approval. Tcs h1b approval rate 2019 Tcs h1b approval rate 2019. Q3 CC Revenue Growth of 6. Main Phone: 617-580-3030 fax: 781-517-0152. 4 percent, the Q1 fiscal 2020 approval rate was 83. Although the USCIS accepts petitions any time after April 1st, the last two years they have met their quota of applications within the first week of April. This category also applies to a fashion model of distinguished merit or ability and workers with exceptional merit and ability relating to a Department of Defense research and. 2% approval rate in February 2019, the lowest monthly rate so far. Last year, the approval rate for H-1B candidates selected in the lottery was 60%, a rate that has been declining since 2016. This amounted to an overall H-1B approval rate of 84. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. working as software engineer now!. , January 2020. I am currently out of country as company B did not initiate the transfer on time. There was also a dramatic change in Request for Evidence (RFE) this year, going up to 44% when compared to numbers from last year, according to statistics from the USCIS. I heard the same from my employer. It appears that H1B visa approval rates has reduced since 2016,during the Obama Enter any combination of the criteria below to search past H1B sponsor companies. I joined the new employer based on receipt notice instead of waiting for approval, since premium processing was not available in Aug 2017. The chances of H1B extension approval after RFE reduces to 60%. Yao, Immigration Lawyer in NYC. I have got 2nd RFE during H1B extension and i am not sure about the chances of getting this approved. All 27 of the top employers of H-1B visa holders experienced an increase in denials for H-1B petitions for continuing H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. As the RFE seeks clarity and specificity, H-1B job duties should be drafted in a fashion that is undeniably clear and definite, even to someone who is an outsider to the specific industry (i. Anyways, the H1B transfer is just a term that we use in daily routine. H-1B Specialty Occupation Visa - San Diego Immigration Lawyer. is to prove the employer-employee relationship. The number of Requests for Evidence in the 4th quarter of FY. The United States Citizenship and Immigration Services denied a total of 18,607 H-1B non-immigrant visas in the first quarter of fiscal year 2020. Specialty occupations require the theoretical and practical application of highly specialized knowledge as well as attainment of a bachelor's or higher degree in the specific specialty as a minimum for. com H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. It can be for information about either the worker or the employer, or both, since USCIS must have proof of a valid employer-employee relationship. The Trump Administration Is Denying H-1B Visas at a Dizzying Rate, But It’s Hit a Snag The push to “hire American” has created confusion among visa holders and immigration officials alike. H-1B Specialty Occupations, DOD Cooperative Research and Posted: (3 days ago) Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission. I moved to different client and same employer and filed a amendment. Any idea what could be going on behind the scenes? USCIS sent my H-1B Petition back, stating that it was reviewed for acceptability, but being rejected ?? Second RFE in H1B Extension; RFE after h1b approval saying petition approved in error; Vendor has changed when h1b is in RFE. US H1B work Visa is designed to attract skilled professionals in a specialty occupation to work in the U. In 2019, the rate took a blow, going down to about 60%. *from what you have heard from other people, Now, let me guess — were they denied on those "specialty occupation" grounds? I guess it makes sense: the stuff NIH does is obviously very low skill. This can delay processing, commensurate with the nature of the RFE. 2 percent in Q1 fiscal 2020, versus 61. Based on past trends, the following are the top 10 reasons for being issued a RFE or a straight-out denial of H1-B visa petition: Specialty Occupation: One of the most common reasons to receive a RFE or a denial was when USCIS could not firmly establish that the petitioned role was that of a specialty occupation. This particular visa weighs heavily on educational requirements for approval, and these requirements get tricky in a hurry. Although the USCIS accepts petitions any time after April 1st, the last two years they have met their quota of applications within the first week of April. Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. The RFE says speciality occupation - Availability of work. In a memo released last week, United States immigration officials moved to clarify the process for vetting H-1B visas for computer programmers. 4 percent, the Q1 fiscal 2020 approval rate was 83. 7% in the first three quarters of FY 2019, from 52. Labor Condition Application for H-1B and E-3 Nonimmigrants Purpose. Last Name First Name 129 HlB RFE (FH) AC\. Employer Employee Relationship H1B RFE. Also, H1B RFE rates have had a boost in recent years too, since the presidential administration is now monitoring H1B petitions closely. Questions for you. He tells Get Ahead readers about the various status -- pending, rejected and approved. Specialty Occupation RFEs: H1Bs Now Easier to Win? H1B RFE for Wage Level 1 for Computer Programmers - Duration: H1B RFE Wage Level 1 Approval Story - Duration:. H1B Visa allows foreign workers in specialty occupations to legally work in the U. Specialty Occupation. As the practice of H1B filings will continue to become more complex, it is important to know how to file and document H1B cases in specific occupations to increase the approval chances. This entry was posted in Immigration Blog and tagged h 1a visa, h 1b visa application, h 1b visa program, h 1b visas, h 1b work visa, h b1 visa, h b1 visa requirements, h visa, h visa requirements, h visa status, H1b 2019, h1b 2019 count, h1b 2019 uscis, h1b approval notice 2019, H1B News 2019, h1b premium processing, h1b visa 2019, i-907. As the RFE and denial rates for H-1B visa petitions continue to increase, it seems that the trend is here to stay, at least for the immediate future. The USCIS recently shared alarming data that 60% of H-1B cases are getting RFE’s (Requests for Evidence) and 40% of cases after receiving an RFE are getting denied. In making the specialty occupation analysis, USCIS will often look to the Occupational Outlook Handbook (OOH), published by the Department of Labor. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. My attorney is all set to respond with the required documents. Many of these denials were related to lack of proof for specialty occupations. Employers in the IT consulting industry saw higher than average RFE and denial rates, consistent with increasingly stringent agency policies on the H-1B eligibility of certain technology occupations and on third-party placement of H-1B workers. By FY 2019, the chances of approval were even lower — 75. port of entry and fill out a Form 1-94 to legally enter the country and legally live on your H1B Visa status. L-1 Service Center RFEs and outcomes. Focus is on speciality occupation: An H-1B visa is a temporary non-immigrant work visa for professional workers in speciality occupations, which require a minimum qualification of a bachelor's degree. Along with this, the approval rate for cases that received an RFE dropped from 83. ViA Fee Current Status (i. Even if this is not on the first RFE, it is possible to appear in the second round, mainly if the justification for the position presence a specialty occupation highlights the essential for a particular degree. According to the report, the denial rate for H1B petitions increased by 41 percent from the 3rd to the 4th quarter of fiscal year 2017 (FY17), which ran from. We have recent news from the U. H1B - MOST COMMONLY DENIED OCCUPATIONS, H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE. RFE1) RFE in specialty occupation Progressively responsible experience. 4% of those petitions were subsequently approved. NATIONAL FOUNDATION FOR AMERICAN POLICY Page H-1B Denial Rates. H1B Affidavit Sample Letter, when a Client Letter is not available; Oracle DBA Sample H1B Specialty Occupation Job Description; H1B Approval Trends: Level 1 Wage and Specialty Occupation Issues; Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE; H1B Specialty Occupation Explanation to USCIS for new H1Bs and H1B RFEs. That's a real low rate of approval. (Nationals of Chile or Singapore may also consider the specific H-1B1 Visa sub-type. Frankly, I'd get an attorney and stop screwing around. Along with this, the approval rate for cases that received an RFE dropped from 83. "The case was reopened and we got an RFE, and the visa was approved after providing the documents," she said. Rather than focusing on other common RFE scenarios, such as the duties of the occupation not being complex. It is employer-specific, which means that you can only work for the for the H-1B petitioning U. Microsoft, Apple, Amazon has 99% H1B Visa Approval Rate. 5 percent of H-1B petitions that received an RFE. I joined the new employer based on receipt notice instead of waiting for approval, since premium processing was not available in Aug 2017. embassy or consulate abroad for an H-1B visa (if a visa is. H1B petitions are work visa petitions filed by employers seeking to employee workers in a specialty occupation, meaning, in a job for which a bachelor's degree is a normal requirement. Next, we had to submit a timely Response to Request for Evidence (RFE) that fully addressed USCIS’ doubts on the position being a specialty occupation, which is a key H-1B requirement. Many of these denials were related to lack of proof for specialty occupations. This link is referred to as a strong employer employee relationship H1B RFE petitions. Also, H1B RFE rates have had a boost in recent years too, since the presidential administration is now monitoring H1B petitions closely. -Position must be in a specialty occupation -Applicant must have a bachelor's degree or equivalent (foreign degree equivalent or -Approval rate after RFE has dropped 20% since Immigration Webinar: Preparing for the 2021 H-1B Lottery Author: Fredrikson & Byron, P. Within the work visa category, the H-1 visa is for people who have specialty occupations. Employers in the IT consulting industry saw higher than average RFE and denial rates, consistent with increasingly stringent agency policies on the H-1B eligibility of certain technology occupations and on third-party placement of H-1B workers. For employers or employment agencies to hire a foreign individual under H1B visa status, they must first accomplish an LCA and submit it to the US Department of Labor. It is a temporary visa that employers use to hire foreigners in “specialty occupations” for which there are not enough skilled American workers to fill available jobs. 9% in the 3rd quarter to 22. This amounted to an overall H-1B approval rate of 84. H1Bs are limited to 85,000 per fiscal year, something referred to as the H1B cap. H1B RFE supplemental material is USCIS 'summary of the H1B application or petitions: Additional material and evidence from the H1B applicant or petitions are required to determine whether or not to approve the H1B application. We have recent news from the U. This year, we're seeing RFEs that effect beneficiaries of all wage levels, and this tends to be combined with questions about the specialization of the. Concurrent H1Bs Across Multiple Specialty Occupations. Let me explain. In the 2019 fiscal year, the GOH1B team predicts that the probability of receiving an RFE for your H1B application is 51%. - February 2019, went to india, got stamped no issues. The H-1B is a very portable visa, allowing holders to transfer from one employer to the next relatively easily. Individuals cannot apply directly for an H1B Visa, but they need proper sponsorship. H1B specialty occupation RFE response documents Request for Evidence to prove specialty occupation for H1B job is very dangerous and you should respond with all documents to avoid denials. Under USCIS regulations, there are four ways that an employer can prove a position is a "specialty occupation": 1) a bachelor's or higher degree or its equivalent normally is the minimum requirement for the position; 2) the degree requirement is common to the industry, or the particular position is so complex or unique that it can be performed only by an individual with a degree; 3) the. ENIALS OF. com H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. 10 PITFALLS TO AVOID WHEN FILING H1B PETITIONS; K-1 FIANCE VISAS - WHEN THE RELATIONSHIP GOES SOUR A properly completed I-129 Petition can be the difference between an Approval or an RFE or worse, a rejection. My H1B transfer was applied in Aug 2017. AILAs analysis of 187 RFE examples show that ^Level 1 RFEs for Job Zone 4 occupations tend to challenge whether the position is a specialty occupation or whether a Level 1 LCA is appropriate, while. Background. Currently, Nebraska, California, and Vermont are reporting a response to RFE within 60 days of your RFE response submission. help how do I tackle this ,Got following RFE:- (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. Once the Form I-129 is approved, you can start work immediately if you are already in the U. The prevailing wage level is based on the employer's minimum requirements for the position. employers to temporarily. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. This constitutes daily involvement of tasks, sharing work, tools and resources and many such things from the employer supervisor the employee worker. 3 percent were for workers with a professional degree. This category also applies to a fashion model of distinguished merit or ability and workers with exceptional merit and ability relating to a Department of Defense research and. Specialty Occupation. For a job to quality for H1B status. about this is that the regulations specifically use "engineering" as an example in the definition of specialty occupation: 8 CFR 214. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. My PD date is March 2012 and have an approved I140. H1B - MOST COMMONLY DENIED OCCUPATIONS, H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE. According to the report, the denial rate for H1B petitions increased by 41 percent from the 3rd to the 4th quarter of fiscal year 2017 (FY17), which ran from. Even if a position has previously been approved for an H-1B, USCIS officers are looking much more carefully at specialty occupations and scrutinizing cases that have been approved before. A H-1B RFE(Request for Evidence) is an inquiry by the USCIS in order to request additional proof necessary to make a decisions pertaining to your H-1B petition. employers to hire temporary workers in a specialty occupation. Make sure that your employer files the proofs to support your employment as H1b Specialty occupation is the number one reason for H1B RFE and then denial. We response this RFE with an expert opinion letter from an expert in the field of the H-1B job who has extensive field knowledge. While each case is unique taking into account position type, employer characteristics, employee background, nationality and specific industry – a strategic approach with knowledge of likely interpretation and action is. Specialty Occupation RFEs: H1Bs Now Easier to Win? H1B RFE for Wage Level 1 for Computer Programmers - Duration: H1B RFE Wage Level 1 Approval Story - Duration:. sc Physics ) even though got RFE. RFE1) RFE in specialty occupation Progressively responsible experience. By: Shah Peerally Esq. Infact, it will probably increase. officers need to be certain that the job offered to the H-1B individual really does require a bachelor's degree or higher in a specific. An attorney may assess whether the facts of the case support the notion that the position offered is a specialty occupation and that the intended beneficiary is qualified to work in such an occupation. The proportion of H-1B petitions denied for foreignborn - professionals increased by 41% increase from the 3rd to the 4th quarter of FY 2017, rising from a denial rate of 15. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. The total approval rate for these US companies (including for continued employment) was 98-99%. businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, such as science, engineering, or computer programming. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. H1B petitions are work visa petitions filed by employers seeking to employee workers in a specialty occupation, meaning, in a job for which a bachelor's degree is a normal requirement. The H-1B visa (or "Specialty Occupation" visa) is one of the most popular temporary worker visas, used for those in professional or specialty occupations. August 2, 2018 2:03 am / Leave a comment. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. This amounted to an overall H-1B approval rate of 84. Under USCIS regulations, there are four ways that an employer can prove a position is a "specialty occupation": 1) a bachelor's or higher degree or its equivalent normally is the minimum requirement for the position; 2) the degree requirement is common to the industry, or the particular position is so complex or unique that it can be performed only by an individual with a degree; 3) the. The chances of H1B extension approval after RFE reduces to 60%. We provide you all success story of EB1A approvals with citations less than 100. 2(h)(4)(ii), Specialty Occupation means an occupation that requires theoretical and practical application of a body of highly specialized knowledge in the fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and. 3 percent in the year-ago quarter. 3% in 2018 with a massive spike in the overall rate of RFE responses from USCIS. Request for Evidence to prove specialty occupation for H1B job is very dangerous and you should respond with all documents to avoid denials. I moved back to previous client same employer for which my initial petition was approved. The Murthy Law Firm recently scored another legal victory in federal court, suing the U. Since plaintiff received the relief it wanted, it filed a notice dismissing the suit. Based on past trends, the following are the top 10 reasons for being issued a RFE or a straight-out denial of H1-B visa petition: Specialty Occupation: One of the most common reasons to receive a RFE or a denial was when USCIS could not firmly establish that the petitioned role was that of a specialty occupation. Provide a. • Version three combines both issues. The two most common RFE issues that blocked beneficiaries from getting their visas approved outright – and in some cases entirely – were specialty occupation and wage level. H1B denial increase. Response 1 of 14: Grab the screen - Trump. Employer Employee Relationship H1B RFE. In an H-1B application process, the employer is the petitioner while the alien is the beneficiary. Since my wife is on F1, can i apply for F2 (Dependent)? H1B was rejected in specialty occupation category going through an RFE;. Although the USCIS accepts petitions any time after April 1st, the last two years they have met their quota of applications within the first week of April. pdf), Text File (. NATIONAL FOUNDATION FOR AMERICAN POLICY Page H-1B Denial Rates. A report released by the National Foundation for American Policy (NFAP) has provided an analysis of the sharp increase in denials and requests for evidence (RFE) for H1B and L-1 petitions due to new federal policies on immigration. Employer Employee Relationship H1B RFE. H1B RFE Response Time in 2019. In a typical RFE and subsequent denial, USCIS will state that the employer failed to provide evidence to USCIS's satisfaction that the sponsored position qualifies as a specialty occupation. H-1B RFE rates rose from 22. More on Elektra B. The approval rate after an RFE fell to 50. Yao, Immigration Lawyer in NYC. RFE doesn’t mean your chances for getting approval will decrease. Recent USCIS statistics show that by FY 2018, only 84. The H1B visa rules are clear in that the job in the 'specialty occupation' must match the degree of the worker, and cannot be in an unrelated field. If your employer wants to sponsor you for an H-1B visa, the job position must be a specialty occupation, meaning, that it requires a theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U. Please describe ALL of the Associate's job duties for the Architect (Computer Systems Engineers / Architects, 15-1199) position in detail, with specific attention to the percentage of time spent performing each duty. A recent and troubling development in H-1B visa adjudication concerns wage levels for each occupation. Specialty Occupation. pdf), Text File (. H-1B Uncovered - A Step by step guide to demystify Specialty Occupations in H-1B visa petitions and to boost your chances of H-1B approval - Kindle edition by Dr. H-1B is a type of non-immigrant visa that allows U. Hello Sir, I received an RFE during H1B transfer. H-1B Specialty Occupations, DOD Cooperative Research and Posted: (3 days ago) Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission. H1b extension filed: May 31st, 2018. " Your heart skips a beat. The Murthy Law Firm recently scored another legal victory in federal court, suing the U. These are historically very high denial rates and clearly USCIS is seeking more information to qualify as a specialty occupation position. 3 percent in the year-ago quarter. Q3 CC Revenue Growth of 6. All 27 of the top employers of H-1B visa holders experienced an increase in denials for H-1B petitions for continuing H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. , United States Citizen,. We have recent news from the U. 3% were approved. H1B transfer denial appeal. H1B RFE Response Time in 2019. If you have received, or if your employee or client received a specialty occupation RFE this season, it is important to fight it, not just for this individual case, but for the health of the H-1B program and for the survival of STEM industries in the US. Response 1 of 14: Grab the screen - Trump. According to this same data, the percentage of H-1B petitions that receive an RFE is increasing. The H-1B petition, filed on April 3, 2017, was subject to the congressionally mandated, annual cap of 65,000 H-1B visas, which is commonly known as the. pdf), Text File (. Specialty Occupation and Related Degrees Guidance; Position and Beneficiary Requirements for Specialty Occupation Worker; H-1B Visas, including AC 21 Final Rule; Adjudications of H1B Petitions for Nursing Occupations; Form I-129 H-1B Adjudications; Evaluating Specialty Occupation; RFE & Denial Template Language. I received RFE for "specialty occupation" for this year H1B. The overall H1-B primary petition approval rate went down to 75% in the final quarter of 2018, from 83% in 2017 and 92% in the same period in 2016. Last year was no different except for the monumental number of them dealing with wage level issues. First, even if an alien is the beneficiary of an approved Form I-129 petition for H-1B specialty occupation, those aliens requesting consular processing abroad may need to be approved for the visa by the Department of State (DOS) in order to travel to and request entry into the United States. Let me explain. Last week of March, I got my extension approved till Nov-2020. "The case was reopened and we got an RFE, and the visa was approved after providing the documents," she said. H-1B Temporary Non-immigrant Workers in Specialty Occupations Approval, Denial or more (RFE) where they ask for additional evidence, or for the university to defend our determination if this position meets the standards of an H-1B. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. Over the past three H-1B cap-subject seasons, we have seen an unprecedented rise in specialty occupation RFEs calling jobs. RFE1) RFE in specialty occupation Progressively responsible experience. (713) 278-1677 · 6200 Savoy Dr Ste 270 Houston, TX 77036. Based on past trends, the following are the top 10 reasons for being issued a RFE or a straight-out denial of H1-B visa petition: Specialty Occupation: One of the most common reasons to receive a RFE or a denial was when USCIS could not firmly establish that the petitioned role was that of a specialty occupation. H1B - MOST COMMONLY DENIED OCCUPATIONS, H-1B RFE UPDATE: How to Deal with the Specialty Occupation RFE. Hello all, I received an RFE for Specialty Occupation in the first week of September. My PD date is March 2012 and have an approved I140. sc Maths,Physics,Chemistry (M. We have recent news from the U. WG Evaluation Services, is dedicated to providing the highest Quality Evaluation Services for all your h1b Specialty Occupation related Queries. RFE for speciality occupation increase. The RFE also questions the beneficiary’s maintenance of F-1 status under Curricular Practical Training challenging whether the CPT constituted an integral part of the program. This entry was posted in Immigration Blog and tagged h 1a visa, h 1b visa application, h 1b visa program, h 1b visas, h 1b work visa, h b1 visa, h b1 visa requirements, h visa, h visa requirements, h visa status, H1b 2019, h1b 2019 count, h1b 2019 uscis, h1b approval notice 2019, H1B News 2019, h1b premium processing, h1b visa 2019, i-907. H1B Employer-Employee Relationship RFE from CSC 2,986 views THIS IS TRANSCRIPT OF AN ACTUAL RFE RECEIVED FROM CSC REQUESTING ADDITIONAL EVIDENCE TO ESTABLISH H1B EMPLOYER-EMPLOYEE RELATIONSHIP AND RIGHT TO CONTROL, Please scroll down to see a general response (Answer). 3 percent in the year-ago quarter. This FAQ is targeted to RFE's sent in response to the filing of an H-1B petition, an increasingly common feature in 2019-2020 under the Trump Administration. I heard the same from my employer. All 27 of the top employers of H-1B visa holders experienced an increase in denials for H-1B petitions for continuing H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. Prior to the American Competitiveness and Workforce Improvement Act of 1998 ("ACWIA"), which was enacted on October 21, 1998, H-1B numbers were limited to an annual cap of 65,000. Over the past three H-1B cap-subject seasons, we have seen an unprecedented rise in specialty occupation RFEs calling jobs. – February 2019, went to india, got stamped no issues. 2% of them were eventually approved, amounting to an overall approval rating of 95. under a time-limited nonimmigrant visa, albeit with immigrant intent. People do get approvals if they submit all the required proofs. Although the USCIS accepts petitions any time after April 1st, the last two years they have met their quota of applications within the first week of April. embassy or consulate abroad for an H-1B visa (if a visa is. In order to qualify for an H1B visa there are many factors that must be proven. A new policy now mandates any H-1B recipient must fill a specific, specialty role. *from what you have heard from other people, Now, let me guess — were they denied on those "specialty occupation" grounds? I guess it makes sense: the stuff NIH does is obviously very low skill. I have provided the job description with % breakdown. H1B RFE for Specialty occupation (Consular Processing). 7% in the first three quarters of FY 2019, from 52. H1B RFE is very different from those applying for H1B visa. ” At this point, the only way to gain approval for an H1B visa is to demonstrate that your job position is indeed considered as a specialty occupation. An RFE is a procedural request that the USCIS makes on applicants of H1-B visas. Occasionally, USCIS requires the applicants (company or individual) to provide additional information and supplement materials before approving their H1B visa — This is what is known as the RFE (Request for Evidence). Attorney Ekaterina Powell from our office has handled numerous H-1B. This amounted to an overall H-1B approval rate of 84. The H-1B petition, filed on April 3, 2017, was subject to the congressionally mandated, annual cap of 65,000 H-1B visas, which is commonly known as the. H1B transfer denial appeal. H-1B lottery, a petition must then be reviewed and approved. Degree is bachelors in computer sciences. Of the petitions that received an RFE in 2015, 83. com H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. The USCIS recently shared alarming data that 60% of H-1B cases are getting RFE’s (Requests for Evidence) and 40% of cases after receiving an RFE are getting denied. The H-1B visa offers a wide range of employment possibilities and is often a first step toward permanent immigration. tech-computer science and masters in USA). As for H1B RFE approval rates, they’ve had a decrease as well. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. To be approved, an H-1B petition must meet the definition of specialty occupation, which means a professional position that requires a minimum of a bachelor's degree in a specific field of study. Make sure that your employer files the proofs to support your employment as H1b Specialty occupation is the number one reason for H1B RFE and then denial. on a temporary basis. Under USCIS regulations, there are four ways that an employer can prove a position is a “specialty occupation”: 1) a bachelor's or higher degree or its equivalent normally is the minimum requirement for the position; 2) the degree requirement is common to the industry, or the particular position is so complex or unique that it can be performed only by an individual with a degree; 3) the. Since plaintiff received the relief it wanted, it filed a notice dismissing the suit. Often, employers are not prepared for the fees involved in an H1 visa case, let alone the wages. That’s a real low rate of approval. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. FY covers a twelve-month period beginning October 1 and ending September 30, making October 1, 2019 the starting date of FY 2020. The United States Citizenship and Immigration Services denied a total of 18,607 H-1B non-immigrant visas in the first quarter of fiscal year 2020. The employer must also document compliance with the LCA requirements in a public access file. Just out of curiosity I would like to ask is there anyone who got the approval after receiving this type of RFE for CAP 2018?. ) 4) Letters from industry related professional associations indicating that they have made a bachelor's degree or higher in a specific specialty requirement for entry into the field. the USCIS officer). Last year (March 2017) after all H-1B lottery filings were submitted, USCIS issued a policy memorandum that rescinded a policy memorandum from the year 2000 that said Computer Programmers are Specialty Occupations and can qualify for H-1B status. did you get a RFE and how difficult was the approval. RFE (Request for Further Evidence) Response Strategies- Analysis of a NIW Approval after RFE Responded by Chen Immigration Law Associates 2013-11-25, BY WeGreened Client's credentials: 2 peer review articles, 4 citations, several conference presentations RFE received after 8 months filed by another attorney RFE approved 8 days after RFE. While each case is unique taking into account position type, employer characteristics, employee background, nationality and specific industry – a strategic approach with knowledge of likely interpretation and action is. The I-94 I received from my old H1B approval is valid until Oct 2018. I am also attaching the RFE document. USCIS asked us to prove two things: (1) that the position requires a bachelor’s degree and (2) that the submitted labor condition application (LCA) corresponded with the position. Router Screenshots for the Sagemcom Fast 5260 - Charter. Once the Form I-129 is approved, you can start work immediately if you are already in the U. H1B change of employer transfer process. In a typical RFE and subsequent denial, USCIS will state that the employer failed to provide evidence to USCIS's satisfaction that the sponsored position qualifies as a specialty occupation. As an employer who seeks to sponsor a temporary worker in an H-1b specialty occupation, you are required to establish by a preponderance of the evidence that a valid employer-employee relationship will exist between you and the beneficiary, and that you have the right to control the. We have industry highest approval rate for our evaluation services which includes expert Opinion letters, Technical Course mapping documents, education /Work Experience Evaluations. The number of H1b visas issued dropped by 18,400 between the fiscal year 2017 and 2018. Concurrent H1Bs Across Multiple Specialty Occupations. In addition, 44. 2% in 2015 to just 62. In making the specialty occupation analysis, USCIS will often look to the Occupational Outlook Handbook (OOH), published by the Department of Labor. USCIS denied 54% of the initial H-1B petitions for Infosys while for Mindtree the denial rate was 40%. Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. The two most common RFE issues that blocked beneficiaries from getting their visas approved outright - and in some cases entirely - were specialty occupation and wage level. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. If you have received, or if your employee or client received a specialty occupation RFE this season, it is important to fight it, not just for this individual case, but for the health of the H-1B program and for the survival of STEM industries in the US. H1B RFE Do you want to get H1B Visa application approved without RFE? Then you have to read this article. H-1B Status for Specialty Occupations. port of entry and fill out a Form 1-94 to legally enter the country and legally live on your H1B Visa status. We provide you all success story of EB1A approvals with citations less than 100. Hello all, I received an RFE for Specialty Occupation in the first week of September. working as software engineer now. ” At this point, the only way to gain approval for an H1B visa is to demonstrate that your job position is indeed considered as a specialty occupation. The employer must also document compliance with the LCA requirements in a public access file. With such rapid shifts in the norms of H1B visa, the Indians working in the US, as well as the companies of Indian origin based in the US, are. In order to get your H1B specialty occupation visa stamped, a list of documents must be submits which includes: A completed and signed non-immigration visa application form (Form DS-156). – H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) – H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. This particular visa weighs heavily on educational requirements for approval, and these requirements get tricky in a hurry. employers to hire college-educated migrant workers as well as fashion models from abroad; nearly 500,000 migrant workers are employed in the United States in H-1B status. If you were in software or computer related field on any other STEM related subjects and have done MS or bachelors in that field it was. What Is the H1B RFE. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. Plan is to move to Canada after H1B approval and H1B visa stamping from India. employers to temporarily. Specialty Occupation. All 27 of the top employers of H-1B visa holders experienced an increase in denials for H-1B petitions for continuing H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of " Specialty Occupation " as per the latest data shared on Feb 22, 2019. Occasionally, USCIS requires the applicants (company or individual) to provide additional information and supplement materials before approving their H1B visa — This is what is known as the RFE (Request for Evidence). In 2015, the RFE rate for H-1B petitions was up to 30%. employers to hire temporary workers in a specialty occupation. Applied for an H1-B visa? Please read this!. Please describe ALL of the Associate's job duties for the Architect (Computer Systems Engineers / Architects, 15-1199) position in detail, with specific attention to the percentage of time spent performing each duty. Agency regulations provide criteria—any one of which is sufficient—for a petitioning employer to show that its job is in a specialty occupation. In making the specialty occupation analysis, USCIS will often look to the Occupational Outlook Handbook (OOH), published by the Department of Labor. I am also attaching the RFE document. Last year (March 2017) after all H-1B lottery filings were submitted, USCIS issued a policy memorandum that rescinded a policy memorandum from the year 2000 that said Computer Programmers are Specialty Occupations and can qualify for H-1B status. 1) Detailed job description, % spent on each duty, educational requirements for each duty 2) Organizational Chart 3) Job announcement- copies of past & present job announcement (class field ads etc. Make sure that your employer files the proofs to support your employment as H1b Specialty occupation is the number one reason for H1B RFE and then denial. A transfer requires U. Frankly, I'd get an attorney and stop screwing around. According to this same data, the percentage of H-1B petitions that receive an RFE is increasing. In RFE Resposne Review status more than 60 days. After you receive an RFE, it's time to prepare your response. Common Reasons for Denial of an H-1B Visa. In 2015, the approval rate following a RFE notice was 83. 2(h)(4)(ii) Specialty occupation means an occupation which. Applied for an H1-B visa? Please read this!. Citizenship and Immigration Services (USCIS) improperly denied an H-1B petition after the agency claimed the position did not qualify as a "specialty occupation. The H1B visa is also called a Person in Specialty Occupation Visa. This link is referred to as a strong employer employee relationship H1B RFE petitions. USCIS has recently been rejecting the H-1B petitions based on its interpretation of the manual, without meaningfully considering other evidence provided by the H-1B petitioners for purposes of. As the practice of H1B filings will continue to become more complex, it is important to know how to file and document H1B cases in specific occupations to increase the approval chances. If you've received an H1B RFE, there are generally three options to consider:. CASE: H-1B Visa Petition - Response to Request for Evidence Our office filed a detailed Response to RFE brief with 16 exhibits to the USCIS Vermont Service Center on May 8, 2014. US L1 visa and H1B visa comparison; L2 visa for L1 family members; L1 Intracompany Transfer visa FAQ; US E1, E2, and E3 Treaty Visas. 3 percent in the year-ago quarter. The H-1B visa (or “Specialty Occupation” visa) is one of the most popular temporary worker visas, used for those in professional or specialty occupations. 4 percent of H-1B petitions were approved, compared with 61. about this is that the regulations specifically use "engineering" as an example in the definition of specialty occupation: 8 CFR 214. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. We have submitted education evaluation letter(for B. " It is getting tougher for H-1B visa holders in the US to switch jobs even if the new job is similar to the old and requires the same exact skill…. The number holds significance as in the previous fiscal that ended on 30 September 2018 the percentage of those receiving REFs was 38 per cent while in fiscal 2017 the percentage was just 21. If your employer wants to sponsor you for an H-1B visa, the job position must be a specialty occupation, meaning, that it requires a theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U. Note that if USCIS has suspended premium processing (as was the case in January 2019), the premium processing timeline will not be followed. Written by Henry J. " 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. The low approval rate post-RFE, is causing more anxiety for sponsoring employees and potential aspirants. I am currently out of country as company B did not initiate the transfer on time. if this is how it is, then RFE on specialty occupation for "project manager" will surely lead to a denial. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. I received RFE for "specialty occupation" for this year H1B. 2% in 2015 to just 62. pdf), Text File (. I entered in US on 30th apr 2017. #H1bvisa, #immigrationlaw, #Denied These are the most common occupations that I've seen been denied over and over for H1B Visas: 0:19 - Marketing Manager 0:47 - Business Development Manager 1:12. A review of unemployment rates in the United States from 2004 to 2018 in occupations for which H-1B nonimmigrant visas were granted found low unemployment levels for those occupations, which, consequently, indicates a workforce supply shortage in those occupations. *from what you have heard from other people, Now, let me guess — were they denied on those "specialty occupation" grounds? I guess it makes sense: the stuff NIH does is obviously very low skill. 4% in the 4th quarter. There was a time when getting an H-1B was not much of task if you have good grades reasonably good experience. i have been waiting for my extension last 8 month and finally they put a RFE. According to a recent document published by USCIS, entitled "Understanding Requests for Evidence (RFEs): A Breakdown of Why RFEs Were Issued for H-1B Petitions in Fiscal Year 2018", the following are the top 10 reasons in order from most to least common reasons for why USCIS may issue an RFE: 1. This amounted to an overall H-1B approval rate of 84. Just out of curiosity I would like to ask is there anyone who got the approval after receiving this type of RFE for CAP 2018? On reading various other forums, it seems this time, people are receiving lot of denials for this category of RFE. I am from Mechanical Engineering background. Rating is available when the video has been rented. pdf), Text File (. Now, in 2019, that rate has gone up to just over 60%. In an H-1B application process, the employer is the petitioner while the alien is the beneficiary. Neufeld H-1B Visa Memo FAQ's from USCIS; Sample H-1B Visa End Client Letter. Additionally, the H-1B denial rate has also increased. Product based companies for h1B transfer. In 2019, that rate has gone up to just over 60%. I received RFE for "specialty occupation" for this year H1B. At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. Ramineni & Shepard, LLC 800 W. Specialty Occupation RFEs: H1Bs Now Easier to Win? H1B RFE for Wage Level 1 for Computer Programmers - Duration: H1B RFE Wage Level 1 Approval Story - Duration:. Make sure that your employer files the proofs to support your employment as H1b Specialty occupation is the number one reason for H1B RFE and then denial. In 2018, it dropped down to 62. H1B Visa - Criteria For Eligibility. While each case is unique taking into account position type, employer characteristics, employee background, nationality and specific industry – a strategic approach with knowledge of likely interpretation and action is. 3% in FY 2018, from a high of 83. The INA allows employment of alien workers in certain specialty occupations (generally those requiring at least a bachelor's degree or its equivalent). The H1B visa classification requires that (1) a foreign national be coming to the U. 1-129 H1B RFE STANDARDS • A table as shown below for all employees employed by you at the time you filed this Form 1-129. H1B change of employer transfer process. Last week of March, I got my extension approved till Nov-2020. The Management at TCS, or any other Indian Company operating in the US for that matter, by and large grossly under pay H1B visa holders. H1B Visa - Criteria For Eligibility. Even if this is not on the first RFE, it is possible to appear in the second round, mainly if the justification for the position presence a specialty occupation highlights the essential for a particular degree. H1B RFE for Specialty occupation (Consular Processing). 8% in FY2019. The USCIS recently shared alarming data that 60% of H-1B cases are getting RFE's (Requests for Evidence) and 40% of cases after receiving an RFE are getting denied. H-1B Temporary Non-immigrant Workers in Specialty Occupations The H-1B classification is appropriate for professional employment positions that require a minimum of a bachelor's degree or higher in a specific field. USCIS is also denying more applications these days. While each case is unique taking into account position type, employer characteristics, employee background, nationality and specific industry – a strategic approach with knowledge of likely interpretation and action is. Initially got RFE (specialty occupation), replied on 22nd july. A report released by the National Foundation for American Policy (NFAP) has provided an analysis of the sharp increase in denials and requests for evidence (RFE) for H1B and L-1 petitions due to new federal policies on immigration. The Murthy Law Firm recently scored another legal victory in federal court, suing the U. Questions 1. Separate form must be submitted for each applicant. The Trump Administration Is Denying H-1B Visas at a Dizzying Rate, But It's Hit a Snag The push to "hire American" has created confusion among visa holders and immigration officials alike. H1Bs are limited to 85,000 per fiscal year, something referred to as the H1B cap. Citizenship and Immigration Services (USCIS) implemented a rule that has great significance and restricts some types of Companies from hiring and sponsoring H1B workers and filing H1B visas. Having done TN and H1B myself, it was always clear that the government had the last word in adjudicating whether you met the standards, especially for the more ambiguous NAFTA occupations like "Computer systems. Specialty Occupation and Related Degrees Guidance; Position and Beneficiary Requirements for Specialty Occupation Worker; H-1B Visas, including AC 21 Final Rule; Adjudications of H1B Petitions for Nursing Occupations; Form I-129 H-1B Adjudications; Evaluating Specialty Occupation; RFE & Denial Template Language. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. Once the visa is approved the applicant gets a work permit to work for that company in the US. USCIS gives a very careful look at the job duties of every H-1B petition. Based on past trends, the following are the top 10 reasons for being issued a RFE or a straight-out denial of H1-B visa petition: Specialty Occupation: One of the most common reasons to receive a RFE or a denial was when USCIS could not firmly establish that the petitioned role was that of a specialty occupation. It allows the visa holder to work in the United States for 3 years with a 3-year extension. under a time-limited nonimmigrant visa, albeit with immigrant intent. The chances of H1B extension approval after RFE reduces to 60%. Rating is available when the video has been rented. H1B RFE/approval/rejection rates ? i just found out yesterday that i got an rfe on my h1b visa in premium processing. com H-1B visa - Wikipedia The H - 1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)( H ) that allows U. • Version three combines both issues. Jobs that suit the H1B visa typically need a university degree or equivalent (which can mean 3 years' work experience for each year that would normally be spent at university). 'If you are so blinded by the Buy American, Hire American policy, if you are not going to be fair, consistent and welcoming, in the end America will. Employers in the IT consulting industry saw higher than average RFE and denial rates, consistent with increasingly stringent agency policies on the H-1B eligibility of certain technology occupations and on third-party placement of H-1B workers. E1 Visa as Treaty Trader; E2 Visa for investors and employees; E3 Visa for Australians in a Specialty Occupation; E2 and E1 Treaty Visa FAQ; US B1 in lieu of H1B visa; US H-1B visa for specialty workers. In order to qualify for an H1B visa there are many factors that must be proven. A review of unemployment rates in the United States from 2004 to 2018 in occupations for which H-1B nonimmigrant visas were granted found low unemployment levels for those occupations, which, consequently, indicates a workforce supply shortage in those occupations. Currently, Nebraska, California, and Vermont are reporting a response to RFE within 60 days of your RFE response submission. An RFE can't stop an applicant from acquiring a visa. To be approved, an H-1B petition must meet the definition of specialty occupation, which means a professional position that requires a minimum of a bachelor's degree in a specific field of study. This fact sheet states that an H-1B worker cannot pay fees and costs associated with the H1B visa application if doing so would reduce an H-1B worker’s pay below the required wage rate. Practical and theoretical knowledge required for a specialty occupation is required; A master's degree or a bachelor's degree or something equivalent ; Reasons For USCIS Issuing H1B RFE. Last week of March, I got my extension approved till Nov-2020. The RFE also questions the beneficiary's maintenance of F-1 status under Curricular Practical Training challenging whether the CPT constituted an integral part of the program. The H1B visa rules are clear in that the job in the ‘specialty occupation’ must match the degree of the worker, and cannot be in an unrelated field. Second RFE in H1B Extension. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty. JOB NOT A SPECIALTY OCCUPATION: The H1B Visa is available only to those whose employment is considered in a specialty occupation. While each case is unique taking into account position type, employer characteristics, employee background, nationality and specific industry – a strategic approach with knowledge of likely interpretation and action is. The number of Requests for Evidence in the 4th quarter of FY. Have an approved I140 with employer A. When filing an H1B in this hostile environment, it is critical for the H1B candidate and the employer to choose a higher level position when possible, in order to increase the chance of approval. Note that 30% is my estimate based on recent cases that people have reported on various am22tech social groups and forums. 5 percent of H-1B petitions that received an RFE. We response this RFE with an expert opinion letter from an expert in the field of the H-1B job who has extensive field knowledge. Initial period of stay in the United States: Up to 3 years. The I-94 I received from my old H1B approval is valid until Oct 2018. Of the petitions that received an RFE in 2015, 83. Unfortunately, not everyone's application is approved. The two most common RFE issues that blocked beneficiaries from getting their visas approved outright – and in some cases entirely – were specialty occupation and wage level. Any idea what could be going on behind the scenes? USCIS sent my H-1B Petition back, stating that it was reviewed for acceptability, but being rejected ?? Second RFE in H1B Extension; RFE after h1b approval saying petition approved in error; Vendor has changed when h1b is in RFE. A clearly defined hierarchy between the H1B employer and H1B employee. Even if this is not on the first RFE, it is possible to appear in the second round, mainly if the justification for the position presence a specialty occupation highlights the essential for a particular degree. i don't really understand why USCIS is complaining.
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