2018 RFE Trends – BEFORE you file that LCA

Post 31 of 419

What we are seeing this year is a huge run of RFEs when the Computer Occupations – ALL OTHERS is checked.

Here’s the problem: when a job doesn’t exactly meet any of the titles offered on the LCA and ALL OTHERS is checked, CIS cannot reference the US Department of Labor’s Occupational Outlook Handbook (OOH) to see if the job in question meets H1B specialization requirements.

We have seen ALL OTHERS checked even when there is a SOC code for the exact position in question. Since ALL OTHERS is checked rather than the position with a SOC code that corresponds to an OOH entry, this takes a case that would have been relatively straightforward and turns it into a problem.

The best solution is prevention. It is always better to select an occupation with a SOC code for a position listed in the OOH on the LCA and in the petition. No material changes are allowed once you file. If you filed a certified LCA for the correct SOC before the filing date of the petition, the attorney may make corrections and explain, but CIS will not always accept this.

It is possible to get these RFEs overturned if you can show past employment practices and industry standard for the position in question meet H1B specialization requirements. CIS, however, has shown a tendency to find issue with these explanations making it hard for employers to prove past employment practices, especially if there were mistakes made in minimum educational requirements for the position in the petition letters and the job posting.

We have been told that employers will indicate the position ALL OTHERS instead of a position with a SOC code that corresponds with an entry in the OOH to effect the wage level assigned to the position, but in practice it just doesn’t do that.

The best course of action is to try to establish industry standard for the position and to document the details of the daily duties of the position to prove the level of complexity meets the H1B specialization requirement of requiring a US bachelor’s degree or higher or its equivalent to perform.

Let us review your case and work with you to determine the best course of action to get that RFE turned into an approved H1B visa. Simply visit ccifree.com/ and we will get back to you in 48 hours or less. Every year, there is a new difficult RFE that blindsides H1B petitioners, and every year, we find a way to get them overturned.

This article was written by Rebecca Little