What is RFE for Speciality occupation?
One of the most common reasons why the USCIS issues an RFE in H1B petitions is because, in their application, the petitioner didn’t show the position they will be filling qualifies as a specialty occupation. Because the application lacks the required evidence, the USCIS issues a specialty occupation RFE.
Is software developer a Speciality occupation?
In a narrow, literal view of the requirement, a software engineering position would strictly require a degree in software engineering or computer science to qualify as a specialty occupation.
What are H-1B specialty occupations?
U.S. businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, such as science, engineering, or computer programming.
How long can you stay in America without a visa?
How do you prove Speciality occupation?
One of the explicit requirements for each H-1B petition is that the petitioner prove that the offered position is “specialty occupation” which is defined to as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher …
Can I work during RFE?
In your case , you can continue to be employed with Company B. However, that may change depending on the employer’s response to the RFE and the response from USCIS. You should be communicating with your employer’s immigration attorney for additional guidance.
What happens if your RFE is denied?
What can you do? Receiving the denial notice issued by USCIS means that you are given the opportunity to file a motion to reconsider or reopen, or you can appeal the decision (Form I-290B). The deadline that you will have to meet is 33 days of the decision date. Besides, there is a filing fee of $675.
What happens after Uscis request for evidence?
When USCIS issues a RFE, all processing on the case will stop. Once USCIS receives your RFE response, it will resume case processing, and you can probably expect further action on your application in a minimum of 60 days, though it could take longer.
Is senior data engineer a Speciality occupation?
One article, identifies a data scientist, a DevOps engineer, and an electrical engineer as the top tech jobs in the United States. requirement of a general bachelor’s degree to enter into the position. Again, if the position requires only a general bachelor’s degree, the position is not a specialty occupation.
How long does it take to get RFE letter?
What is the new rule for H1B visa?
The new rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to ensure H-1B visas are awarded only to the most highly skilled foreign workers according to a …
Can you get a second RFE?
It is within USCIS discretion to send another RFE or deny the application. Expedite criteria on the USCIS website is a very high standard.
What is a Speciality occupation?
A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”
What is request for additional evidence was sent?
Technically speaking, an RFE is a written request for more information and documentation that USCIS mails out if they believe that they don’t yet have enough evidence to approve or deny a given application. In the unlikely event you get an RFE, we can help you respond to the government for an additional $300.
Is Data Analyst A Speciality occupation?
USCIS simply denied the H1B after receiving RFE response giving the reason that Data Analyst position does not qualify for specialty occupation.
How do you avoid Speciality occupation RFE?
Top 10 Tips for H-1B Employers to Avoid the RFE
- Be Specific: More and more RFE’s are claiming that the job description is too vague.
- Show the Work: USCIS is increasingly asking for evidence of specialty occupation work.
- Think Three Years: USCIS is increasingly limiting the duration of approvals based on what they perceive as the end date of employment.
How do you get a US work visa without a job offer?
How to Get a US Work Visa When You Don’t Have a Job Offer
- EB-1A. This type of visa is for people that are able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
- EB-4. The special immigrant EB-4 visa is for certain religious workers and employees of US foreign service posts.
What jobs can get you a visa in USA?
These specialty occupations include:
- IT / Computer professionals.
- University professors and teachers.
- Healthcare workers.
- Financial analysts.
- Management consultants.
What are the reasons for RFE?
The most common H-1B RFE reasons include:
- Determination of a specialty occupation.
- Petitions filed on behalf of businesses for professionals not typically associated in that field.
- Degree in a separate field of study.
- Questionable employer-employee relationship.
- Requests for an extension or change of status.
- LCA issues.