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How to Fight the H-1B Specialty Occupation RFE and Why it’s Important

Aug 19, 2019

How to Fight the H-1B Specialty Occupation RFE and Why it’s Important Over the past two years, H-1B jobs that had previously been approved as specialty occupations – such as electrical engineer or computer programmer – are now receiving RFEs as responses to initial petitions instead of approval.  This is because USCIS has raised its […]

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H-1B Employer Data Hub Proves USCIS is Restricting H-1B Visas without Regulation

Aug 14, 2019

Over the past two years, lawyers, employers, and H-1B beneficiaries have suspected USCIS raised its standard of proof for H-1B visa approval without any new law, regulation, or notice to the public.  This was evidenced anecdotally with jobs that had never before been called into question for meeting H-1B specialty occupation requirements suddenly being hit […]

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Case Study: Specialty Occupation RFE for Engineer Successfully Answered

Aug 12, 2019

The numbers show that the same specialty occupations approved for H-1B visas just a few years ago are now being called into question.  According to Forbes, in FY2017 only 3% of H-1B extension petitions were denied.  These petitions are for beneficiaries whose H-1B visas were previously approved.  Then, in FY2018, the denial rate more than […]

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RFE Season is Rolling in with MORE Specialty Occupation RFEs

Jul 25, 2019

RFE Season is Rolling in with MORE Specialty Occupation RFEs Every year, a higher percentage of H-1B beneficiaries selected in the lottery receive an RFE this time of year instead of outright visa approval.  If you, or if your employee or client received an H-1B RFE this year, there is a high probability that is […]

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Case Study: The Right Credential Evaluation to Overturn an H-1B RFE

Jul 16, 2019

Case Study: The Right Credential Evaluation to Overturn an H-1B RFE During H-1B RFE season, we have beneficiaries come to us every year with education RFEs.  We always tell our readers to NEVER submit a petition without a credential evaluation IF the education is incomplete, in a different degree than the field of the H-1B […]

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Case Study: Indian Three-Year Degree H-1B RFE Overturned!

Jun 27, 2019

Case Study: Indian Three-Year Degree H-1B RFE Overturned! A recurring RFE we see every year with H-1B candidates is the education RFE for the Indian three-year bachelor’s degree.  Candidates who do not submit credential evaluations that account for the missing fourth year of education with their initial petition get RFEs about it this time of […]

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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

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

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

Jun 8, 2019

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

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