So, it’s crucial if you get a specialty occupation RFE to make sure you answer it correctly and strategically. Also, keep in mind that the position requires a “bachelor’s degree” isn’t enough to prove specialty occupation. If the entry level position does not always require the employee to have a bachelor’s degree, the petition receives an RFE for specialty occupation and wage level issues. By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. The rate of approval following an RFE is 68.2%, which may seem low, but is a 10% increase from this time last year. Considering this, if you are applying for an H1B visa, the chances you will be receiving a specialty occupation RFE are relatively high. 703.348.8448  |  Fax. If the USCIS agent believes you haven’t provided sufficient evidence to prove this or they have specific questions that relate to your application, the USCIS will issue you with an RFE. We have an over 90% approval rate for specialty occupation and wage level RFEs. Ever since 2015, when the RFE rate was merely between 10% and 30%, the percentage has grown, reaching 60% in 2019. Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS’ illegal denials of H-1B visas. © document.write(new Date().getFullYear()) The Anwari Law Firm, PC  |  Tel. This has also led to a significant reduction in H1B RFE approval. The bachelor’s degree required must be in a “specific specialty” or a specific field related to the position. But the USCIS agent can use his or her discretion to issue an RFE for any other reason as well. Unfortunately, even though the purpose of an RFE should be to gather more evidence after a USCIS agent has properly considered your case, the USCIS also issues RFEs for more general reasons. In 2018, it dropped down to 62.3 percent. Why Would You Get an RFE for a Specialty Occupation? But this is nothing to be afraid of. Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS’ illegal denials of H-1B visas. Any specialty occupation RFE got approved recently (for H1B extension)? This is the official stats from USCIS. Approaching an immigration attorney at this point may be your best option to ensure your application is successful. It is a chance to re-argue your case to the USCIS. Or you may have to provide documentation such as an expert opinion letter (a letter from an expert in the field vouching that the position is a specialty occupation) or a manager support letter (showing your company’s motivation on why the position is a specialty occupation). The chances of H1B extension approval after RFE reduces to 60%. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. The rate of approval following an RFE is 68.2%, which may seem low, but is a 10% increase from this time last year. Consider approaching an immigration attorney for help. h1i140 0 ... Posted January 12, 2018. In this article, we’ll look at what a specialty occupation is, what you need to prove you meet this requirement, and what can do if you receive a specialty occupation RFE. Please let me know if you know of anyone who got RFE on specialty occupation (for IT project manager) and got approved? A “specialty occupation” is defined in the Immigration and Nationality Act 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.”. 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. Even though this will cost more in the short-term, it could be the difference between your H1B denial or approval. The employer required a candidate with at least a bachelor’s degree in computer science, electrical engineering, a closely related engineering field, or the equivalent. The degree requirement is common to the industry in similar positions among similar organizations or, alternatively, an employer may show that its particular position is so complex or unique that only an individual with a degree can perform it; The employer typically requires a degree or its equivalent for the position; OR. H1B RFE Trends and Rate. USCIS agents often reference the Occupational Outlook Handbook (OOH) as a source for whether a position is a specialty occupation. You can read more about Requests for Evidence here. Not to mention that the petition approval is decreasing too. 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