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Case Study: RFE for Wrong Degree Specialization Overturned!

Jun 19, 2019

Case Study: RFE for Wrong Degree Specialization Overturned! USCIS and employers have a different idea of what qualified an H-1B employee for their specialty occupation.  It is commonplace for employers to hire a candidate with a degree in a field related to the position, given they have proper work experience to master the specialized skills […]

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H-1B RFE Case Study: Expert Opinion Letter from Professor of Computer Sciences Denied

Jun 14, 2019

Last year we had countless clients come to us with specialty occupation RFEs.  Some of them came to us with RFEs that they had tried to get overturned with an expert opinion letter, and failed. One such client came to us with a specialty occupation RFE for computer programmer.  He had submitted an expert opinion […]

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How to Answer a Double H-1B RFE For Education and Specialty Occupation

Jun 8, 2019

RFE season is now, and when CIS finds one problem with a petition, they tend to find more.  Over the past few years, we have seen a common double RFE involving specialty occupation and education issues. H-1B eligibility rules state that to qualify for H-1B status the H-1B employee must hold a US Bachelor’s degree […]

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Unique H-1B Issues that Face IT Consulting Firms this RFE Season

May 31, 2019

Recently a lawsuit was filed against USCIS by ITServe Alliance.  This is a organization of US IT service companies that had previously petitioned USCIS against new changes to H-1B adjudication rules.  The new rules state that for IT consulting companies that contract H-1B employees to work off-site to meet H-1B requirements, they had to prove […]

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What to Expect and When to Expect it this H-1B Adjudication Season

May 20, 2019

USCIS has completed selecting the 85,000 H-1B petitions to be adjudicated for approval for cap-subject petitions for FY 2020. Those selected that filed for premium processing may begin receiving notice this week as to their approval status with the anticipated date of completion set at June 4th. Case adjudication for those who did not file […]

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Common H-1B Issues to Anticipate this Adjudication Season

May 9, 2019

In the next few months, H-1B petitioners and beneficiaries will find out if their petitions have been selected in the lottery, and accepted for approval. We predict this year will follow the trend of the previous few years with an increase in H-1B issues that block beneficiaries from outright approval. What is unclear is whether […]

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H-1B Adjudication Season: What to Expect, How to Prepare

May 2, 2019

With H-1B filing season over and the lottery completed on April 11th, 2019, it is now time to wait – and to prepare. USCIS notifies those who have been selected in the H-1B lottery first, and premium processing cases are expected to be alerted that they were selected by the first week of June, with […]

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Ready Plan B Before H-1B RFE Season Begins

Apr 30, 2019

On April 11th, USCIS completed the H-1B lottery.  This year, 201,011 H-1B cap subject petitions were filed from April 1st to April 5th.  That’s about 11,000 more petitions than last season.  This year, H-1B candidates with advanced degrees of a US Master’s degree or higher had a 16% greater chance of being selected for the […]

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What Makes an H-1B Job a Specialty Occupation?

Apr 25, 2019

Over the past few years, H-1B cap-subject petitions have received record-breaking rates of RFEs for Specialty Occupation.  Many of these RFEs struck occupations that had never been called into question before. USCIS visa approval trends change every year, and often the RFEs issued are virtually unanswerable by their own guidelines.  At TheDegreePeople.com we always advise […]

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