This year, we are seeing RFEs that raise several concerns at once, including specialty occupation, wage level, and education issues. When USCIS identifies one problem with a petition, additional questions can follow, creating an RFE that may be difficult to answer.
If you, your employee, or your client receives this type of RFE, the first step is to return to the basic H-1B requirements. The H-1B position must qualify as a specialty occupation, meaning the position requires the theoretical and practical application of highly specialized knowledge and normally requires a bachelor’s degree or higher in a specific specialty, or its equivalent.
The H-1B beneficiary must also meet the qualification requirements for the specialty occupation. This can be established through a U.S. bachelor’s degree in the required specialty, an equivalent foreign degree, or, where applicable, a combination of education, specialized training, and progressively responsible experience that is equivalent to the required degree.
The employee must also be paid according to the applicable wage requirements, and the petition must establish the required employer-employee relationship. Supporting evidence should clearly document the employment arrangement and the terms of employment.
To establish that the position meets the specialty occupation requirement, provide the job advertisement along with advertisements for the same position at similar companies in the industry. Documentation of past hiring practices can also show that employees in the position have historically been required to hold the minimum advanced degree.
Detail the duties and responsibilities of the position and explain how they require the specialized knowledge associated with the required degree. The evidence should make clear why the position requires that particular educational background.
Education issues can require additional attention. If the beneficiary does not have a U.S. bachelor’s degree in the exact field required for the H-1B position, or an equivalent foreign degree, a credential evaluation may be needed. The evaluation should consider both the beneficiary’s credentials and the requirements of the position.
For working conditions and compensation, include the employee contract and salary or wage documentation. Explain the factors used to determine the wage level and provide evidence showing that the wage is appropriate for the position, geographic location, and applicable employment circumstances.
These RFEs may also require an expert opinion letter addressing occupational issues, including specialization and working conditions. The same letter can address both issues and explain the evidence submitted with the RFE response.
At TheDegreePeople.com, we understand that when USCIS identifies one problem with a case, additional concerns may follow. We work with difficult cases involving education and occupation and help address the issues raised in H-1B RFEs.
About Sheila Danzig
Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.
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If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.
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