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How to Beat the Statistics Despite Rising H-1B Denial Rates

Following the Trump Administration’s “Buy American and Hire American” policy, USCIS declassified documents show that approval standards for H-1B visas have changed without statutory basis.  This has led to a massive spike in RFEs and Denials for H-1B petitions – both for initial filings, and for H-1B extensions for cases

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How to Answer an H-1B RFE that USCIS Adjudicated Wrong

With the rising rate of H-1B denials being overturned in appeals and recently declassified USCIS memos that clearly showed restrictions to H-1B approval without legal basis, it is clear that USCIS is issuing RFEs for approvable petitions. H-1B extension petitions for the same jobs, beneficiaries, and petitioners that have already

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Declassified USCIS Documents Show Illegal Restriction of H-1B Visas Since 2017

The American Immigration Lawyers Association released USCIS documents following the settlement of a FOIA lawsuit that confirm their suspicions that USCIS has been limiting H-1B visas without legal precedent. The USCIS documents made public are “H-1B RFE Standards” from March 23, 2017, and “H-1B AC21 Denial Standards, from July 17,

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Specialty Occupation RFE Solutions Amidst Changing H-1B Approval Trends

Over the past three H-1B cap-subject seasons, we have seen an unprecedented rise in specialty occupation RFEs calling jobs into question that had never run into trouble before.  This trend is echoed across the entire H-1B visa program, with overall approval rates plummeting from over 80% in 2015 to around

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

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

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Case Study: Specialty Occupation RFE for Engineer Successfully Answered

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,

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