Electronic registration for the H-1B lottery closes at noon TOMORROW March 25th Eastern Time.  Those selected will be notified starting March 31st after which they will have 90 days to file completed H-1B petitions.

Don’t use up those 90 days.  Over the past few years, we have seen up to three rounds of RFEs before visa approval.  This has delayed employee start dates and in turn delayed company workflow.  Get ready to file now and get ready to anticipate any bumps in the road to approval.

Specialty occupation RFEs have plagued applicants working borderline occupations that normally require a US bachelor’s degree or higher for entry into the position with some exceptions.  USCIS began adjudicating these cases making the exception the norm, which USCIS under the Trump administration attempted to codify.  With the change of presidential administration, it is unclear whether USCIS approval trends will change with it.  For this reason, we advise all H-1B petitioners filing for borderline occupations – particularly computer programmers – to include additional documentation to show that the job meets specialty occupation requirements.

  1. Include proof of past employer hiring practices showing that a bachelor’s degree has always been a minimum requirement for the job.
  2. Include a detailed breakdown of the duties and responsibilities of the job to show specialized skills and knowledge learned through an advanced degree program are required.
  3. Include an expert opinion letter written by a professional with at least a decade of experience working in the FIELD of the H-1B job who has made hiring decisions regarding the H-1B position and supporting positions to lend credibility to your case.

You don’t have to wait until next week to get to work on your petition.  It is important to understand the potential vulnerabilities of your case in order to build a bullet-proof petition the FIRST time.  Get a jump on the season and let us review your case FOR FREE.  Visit www.ccifree.com for a free consultation.  We will respond in 4 hours or less. 

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

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