While RFE rates have declined from recent highs, H-1B applicants are still running into trouble with regards to specialty occupation, wage level, and employer-employee relationship. That is because these three eligibility requirements are still under attack with proposed rule changes to restrict them. In the past, USCIS has been caught and convicted of illegally rejecting petitions that meet these current eligibility requirements. While these lawsuits have deterred extreme instances of illegal adjudication, these areas continue to be precarious terrain for applicants.
The best way to respond to the Triple RFE is to tackle wage level and specialty occupation together, and then address employer-employee relationship issues.
First, gather documentation regarding the specialty occupation showing that the employer has a history of hiring only employees to the position in question with a bachelor’s degree or higher in the field. Include the ad for the job showing the minimum bachelor’s degree requirement, as well as ads for the same position in parallel companies within the field that show this minimum educational requirements. Then, include a detailed breakdown of the duties and responsibilities of the job highlighting the required skills and knowledge learned through completion of bachelor’s degree curriculum in the field. Include a detailed breakdown of the factors that went into setting the wage level appropriately, including starting salaries for the same position in parallel companies in your geographical area. Then, obtain an expert opinion letter written by an expert with extensive experience working in the field of the H-1B job to lend weight to your case based on this additional evidence and documentation. This letter should address both eligibility issues.
Second, address the employer-employee relationship issue. Jobs that require the H-1B employee to perform work by client contract such as consultants, or that require them to work at third-party worksites are vulnerable to employer-employee relationship issues. The goal here is to show that the employer will be able to control the work of the H-1B employee throughout the duration of the H-1B visa period, even at third-party worksites. Include a complete itinerary of the work the H-1B employee will perform for the entire three-year H-1B visa period, including client/customer contact information. Then, clearly explain how the employer will be able to control the work of the H-1B employee offsite.
Since they emerged, CCI TheDegreePeople.com has been getting Triple RFEs overturned. We work with experts in every H-1B field with the right experience who can write opinion letters to address both specialty occupation and wage level issues in one letter. We know what additional documentation USCIS is looking for to answer the questions they have regarding eligibility. Let us help you answer the Triple RFE or any other complex RFE you may be facing.
For a free review of your case visit www.ccifree.com. We will respond in 4 hours or less.
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.