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At CCI TheDegreePeople.com we work with difficult RFEs every year. These are RFEs that call more than one aspect of the petition into question. On the simple end, it is wage level and specialty occupation rolled into one complicated issue. On the other end is the Nightmare RFE that is
If your H-1B petition wasn’t selected for FY2021, you may have another shot. On June 23, 2021, USCIS announced that it will allow resubmission of certain cap-subject FY2021 petitions before October 1, 2021. USCIS stated, “If your FY2021 petition was rejected or administratively closed solely because your petition was based
Education RFEs may be the most consistently common H-1B RFEs over the past decade. H-1B eligibility requires beneficiaries to hold a US bachelor’s degree or higher or its equivalent in the field of the H-1B job. While employers routinely hire employees with degrees in related fields with work experience in
If an RFE arrives instead of approval, that means your H-1B petition did not make the clear case that they job, the employer, and the beneficiary met eligibility requirements. Someone dropped the ball. The key to answering this RFE is to find out who it was – not to place
Specialty occupation and wage level issues have become a scourge for H-1B applicants. Over the past few years, USCIS has changed the way it adjudicates the specialty occupation requirement. This year the wage level component has become a heated legal issue with the AILA representing five tech and medical nonprofits
To be eligible for H-1B status, a beneficiary must hold a US bachelor’s degree or higher or its equivalent in the field of the H-1B job. Beneficiaries run into education issues when the beneficiary does not have the required US degree in the exact field of the H-1B job and
Five tech and medical nonprofits represented by the American Immigration Lawyers Association are suing the Biden Administration in an effort to block the wage level preference final rule from going into law December 31st, 2021. The lawsuit filed in a Washington, DC US District Court stated: “It will have a
The fight against the proposed final rule that would give preference to H-1B applicants with the highest wages is heating up. The American Immigration Lawyer’s Association is representing five nonprofits from tech and medical industries to sue the Biden Administration to block this rule from being finalized. What does that
Every year, H-1B applicants file completed petitions only to receive an RFE…with EVERYTHING in it. Complex RFEs that take issue than more than one requirement area have become increasingly common over the past decade and are expected to continue to arrive. It may seem like you have to rewrite the
Specialty occupation issues are likely to be a common RFE trigger again this H-1B filing season. These issues arise when the beneficiary’s job does not ALWAYS require a minimum of a bachelor’s degree or higher according to its entry in the US Department of Labor’s Occupational Outlook Handbook. Even if
