H1b Rfe Specialty Occupation Approval Rate

These are historically very high denial rates and clearly USCIS is seeking more information to qualify as a specialty occupation position. My company applied for an H1 B extension on Sep 11th,2008 for which an RFE was issued. Case in regular processing and I joined on receipt as. Have an approved I140 with employer A. Number of H-1B petitions that received RFE: 0. Includes insights from experienced immigration attorneys:Sandra Feist (Grell Feist, PLC), Ricky Palladino (Solow, Isbell & Palladino, LLC. 5 percent in FY 2018 and 75. "specialty occupation. See full list on murthy. This has also led to a significant reduction in H1B RFE approval. April 1st may seem a long time from today, but employers and potential H1B candidates should be preparing now. H1B RFE & Rejection Rates Increase. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. Citizenship and Immigration Services (USCIS), as denial rates grew and approval rates fell. RFE rates remain nearly double those of FY 2015. Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. Availability of H-1B work - USCIS has challenged H-1B filings and has requested that employers document that there is an ample amount of specialty occupation work that needs to be performed during the period of employment requested. Officers are spending more time carefully screening the H-1B job duties to ensure that they meet specialty occupation requirements i. There are requirements in place that must be fulfilled to qualify. In 2015, the approval rate following a RFE notice was 83. Let me know the best possible option which I could prefer 1) My employer suggests me to appeal H1B denial with the client letter and latest SoW. Furthermore, if a license is required under state law to practice a specific specialty occupation, the alien must hold the appropriate license. This RFE is unusual as the agency has never before requested this information in instances where the foreign. Indu, I have valid H1B until December 2020. New York: America’s top visa issuing authority the US Citizenship and Immigration Services (USCIS) has lobbed a new policy memo into circulation that makes it quick and easy for its officers to deny an application (including but not limited to foreign workers, H1B) without first having to issue a request for evidence (RFE) or even a notice of intent to deny (NOID). It seems that more and more H1B petitions end up with an RFE. help how do I tackle this ,Got following RFE:- (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. The most popular type of the H-1 visa is the H1B or. It only means that the authority needed to have additional evidence to come up with a decision about your visa application. Over 80% of H-1B RFEs were approved in 2015, and since then, that percentage has been whittling down to the nearly 60% H-1B RFE approval rate for 2019. If you electronically filed your case and have a myUSCIS account, you should instead visit the myUSCIS login page to submit an inquiry or address change. H1b Extension Processing Time. H1B sponsorship is an issue for me getting a new job. Had my initial h1b approved back in 2017 with no issues straight out of undergrad. My attorney is all set to respond with the required documents. H1B Visa RFE and Approval Rate. In 2018, USCIS began denying H-1B petitions for Computer Systems Analyst, Market Research Analyst, and Financial Analyst jobs, which previously had qualified as H-1B specialty occupations. Had the misfortune of getting an RFE during an H1B transfer to FANG. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. H1b Extension Rfe 2020. Number of H-1B petitions approved: 10. (If you want a full breakdown of the numbers, check out this handy PDF spreadsheet pumped out by USCIS. The company must advertise a similar position and offer an H1B employee a salary in the market range. ” 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. Sharma continued, “For example, to fill a specialty occupation with an H-1B professional worker, a U. In the event of an RFE we will amend the business plan free of charge and within acceptable deadlines, unlike other firms who charge and, often, cannot. As the practice of H1B filings will continue to become more complex, it is important to know how to file and document H1B cases in specific occupations to increase the approval chances. And thus our. The H-1B visa offers a wide range of employment possibilities, and is often a first step toward permanent Immigration. Company B received an RFE on H1B extension. To be approved, an H-1B petition must prove: the petitioner is a US entity eligible to be granted H status; the position meets the definition of “specialty occupation”; the foreign national meets the minimum qualifications of the. Questions for you. The H1B visa is a US non-immigrant visa in the work visa USA category. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018. If there is an H1B visa rejection then the advantage is that the candidate can again apply for the same next year but it is a daunting process because the candidate has to follow the entire filing application inclusive of convincing the company. 2% in 2015 to just 62. Computer Programmers are no longer considered specialty occupations. If you were in software or computer related field on any other STEM related subjects and have done MS or bachelors in that field it was. The chances of H1B extension approval after RFE reduces to 60%. These are historically very high denial rates and clearly USCIS is seeking more information to qualify as a specialty occupation position. This has also led to a significant reduction in H1B RFE approval. In the H-1B program for professionals in specialty occupations, the denial rate increased from 11 percent in 2007 to 17 percent in 2011. – February 2019, went to india, got stamped no issues. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. If you electronically filed your case and have a myUSCIS account, you should instead visit the myUSCIS login page to submit an inquiry or address change. BTech (EEE) , MS (Computers), I-140 approved 2012 H1b 6 years done Processing Type (Normal as Premium was suspended during that time) April 13, 2017 ==> (Location change from NJ to OH) è H1 Amendment + Renewal. # Reason Description of Reason 1. And now am waiting for both RFE response. Occasionally, USCIS requires the applicants (company or individual) to provide additional information and supplement materials before approving their H1B visa — This is what is known as the RFE (Request for Evidence). This RFE is unusual as the agency has never before requested this information in instances where the foreign. To be approved, an H-1B petition must meet the definition of specialty occupation, which means a professional position that requires a minimum of a bachelor’s degree in a specific field of study. H1B 2018에 로터리에 당첨되구 아직까지 기다리고 있는 패션디자이너 직에 지원한 사람입니다. As mentioned earlier, H1b Rfe is needed by USCIS to review your visa application. How to Prevent Wage Level and Specialty Occupation Issues this H1B Season by Sheila Danzig It’s a new year and that means now is the time to start organizing cap-subject H1B petitions for filing the first week of April. "I would recommend Carnegie Evaluations to any immigration professional who is seeking a high approval rate of their H1B cases! We utilized the services of Carnegie for expert opinion letters for specialty occupation and evaluation of education and work experience for the beneficiary, and we were beyond impressed. About 40 H1B Visa applicants WILL Not get H1B Visa Approval after an RFE. Got RFE on specialty occupation. states regarding I-140 immigration petitions. If in H-1B status, all previous H-1B approval notices (Form I-797) and two or three recent paystubs verifying continued employment with current H-1B employer. Not to mention that the petition approval is decreasing too. •Oct 2018: US initiates deportation of H1B holders with expired visas. Availability of H-1B work - USCIS has challenged H-1B filings and has requested that employers document that there is an ample amount of specialty occupation work that needs to be performed during the period of employment requested. This means that they have completed advanced education degrees or have extensive training. 4 percent—a significant rise. after six years in H-1B status. What does H1B RFE mean? RFE means "Request for Evidence", so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. H1B Petition Extension requests are also expected to reach an all-time high in RFEs. Executive Summary: A Specialty Occupation RFE is the most common type of RFE issued by the USCIS for an H-1B. RFEs cast an additional burden on the sponsoring companies, both in terms of time and cost. Infact, it will probably increase. Find Motorcycle Deals in Gauteng! Search Gumtree Free Classified Ads for Motorcycle Deals and more in Gauteng. company Cognizant, and between 34% and 54%. 1) When I apply for a NIW - EB 2, can I simultaneously apply for I140, EAD , 485 simultaneously? 2) Although the green card date for Indians with EB 2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?. Our team of immigration professionals is led by American Immigration Lawyers. As mentioned earlier, H1b Rfe is needed by USCIS to review your visa application. Chances of H1B Specialty Occupation RFE Approval? The chances of H1B specialty occupation approval are 30%. I work for a very big and reputed company. In 2015, the approval rate following a RFE notice was 83. What to Do if You Get a Specialty Occupation RFE. As for H1B RFE approval rates, they’ve had a decrease as well. It allows the visa holder to work in the United States for 3 years with a 3-year extension. H1B Visa RFE and Approval Rate. Data analyst h1b rfe. Let me explain. Have an approved I140 with employer A. Over a quarter of all H-1B filings generated an RFE in 2011. The H-1B visa applicant must have experience or education in a specialty occupation. More H-1B RFEs now question wage level 1. Last year, the approval rate for H-1B candidates selected in the lottery was 60%, a rate that has been declining since 2016. after six years in H-1B status. H1b transfer rfe 2019. Attory Replied to H1B RFE on august 2014. “After the Trump team got settled in, the number of requests for evidence shot up dramatically and the approval rates for H-1Bs started to decline,” said Stuart Anderson, executive director of. April 1st may seem a long time from today, but employers and potential H1B candidates should be preparing now. Not to mention that the petition approval is decreasing too. In 2018, USCIS began denying H-1B petitions for Computer Systems Analyst, Market Research Analyst, and Financial Analyst jobs, which previously had qualified as H-1B specialty occupations. Let me know the best possible option which I could prefer 1) My employer suggests me to appeal H1B denial with the client letter and latest SoW. USCIS is issuing more H1B RFEs than ever asking for proof of “Specialty Occupation” as per the latest data shared on Feb 22, 2019. 2% in 2015 to just 62. Considering this, if you are applying for an H1B visa, the chances you will be receiving a specialty occupation RFE are relatively high. By Am22tech Updated 12 Jun, 20. H1B RFE & Rejection Rates Increase. If you have received, or if your employee or client received a specialty occupation RFE this season, it is important to fight it, not just for this individual case, but for the health of the H-1B program and for the survival of STEM industries in the US. There are requirements in place that must be fulfilled to qualify. It seems that more and more H1B petitions end up with an RFE. The H-1B RFE rate was 47. My Job roles Oracle Apps Financials consultant and SOX IT Audit Speciality. H-1B denial rates at service and staffing companies greatly exceed H-1B denial rates at non-staffing companies. The I-94 I received from my old H1B approval is valid until Oct 2018. I have approved H1b ( valid till 2021). The company must advertise a similar position and offer an H1B employee a salary in the market range. People do get approvals if they submit all the required proofs. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. A transfer requires U. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the proclamation was published. My H1B petition has finally been. Situation- · Company A H1B i797A approved from Feb 2017 to Dec 2019 · Joined company B on receipt notice in Jan2018 and there is a RFE on company B transfer. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. The "chances" mean nothing. Specialty Occupation. If you were in software or computer related field on any other STEM related subjects and have done MS or bachelors in that field it was. The H-1B visa (or “Specialty Occupation” visa) is one of the most popular temporary worker visas, used for those in professional or specialty occupations. The H-1B is a very portable visa, allowing holders to transfer from one employer to the next relatively easily. H1B sponsorship is an issue for me getting a new job. If you get a specialty occupation RFE, don't stress. "I would recommend Carnegie Evaluations to any immigration professional who is seeking a high approval rate of their H1B cases! We utilized the services of Carnegie for expert opinion letters for specialty occupation and evaluation of education and work experience for the beneficiary, and we were beyond impressed. AILAs analysis of 187 RFE examples show that ^Level 1 RFEs for Job Zone 4 occupations tend to challenge whether the position is a specialty occupation or whether a Level 1 LCA is appropriate, while. Prideimmigration. About 40 H1B Visa applicants WILL Not get H1B Visa Approval after an RFE. H1B RFE Trends and Rate. Just wondering has anyone had luck with revers. I am currently on H4 visa, my I-140 got approved in Aug2017 and I had some few weeks left on my orginal H1b, based on which my company filed for change of status and H1 extension in Sept2017. Choose our lawyers to RFE success approval. H4 extension was also filed with H1B extension. By Am22tech Updated 12 Jun, 20. USCIS asked two aspects under the employer-employee relationship section asking for proof to establish employer-employee relationship and complete work details, if they fall under specialty occupation, client details and much more info. By Am22tech Updated 12 Jun, 20. For the H1B position, the EB5 investor would need to work in a specialty occupation as opposed to being a general manager. An approved petition classified under section 101(a)(15)(H)(i)(b) of the Act for an alien in a specialty occupation shall be valid for a period of up to three years but may not exceed the validity period of the labor condition application. My Job roles Oracle Apps Financials consultant and SOX IT Audit Speciality. He can begin working for the new employer as soon as the petition is filed. Got a full-time direct client ( not consultant) offer from different state and filed H1b transfer petition too( O'Net JobZone N/A, title: QA Automation Engineer, wage level 2). Now in my H1B extn i got RFE on Speciality. Getting an RFE just means that the officer in USCIS can't join all dots together to prove that you fulfill all requirements. North America Immigration Law Group has maintained a high approval rate for this category. An alien worker must leave the U. The H1B visa rules are clear in that the job in the 'specialty occupation' must match the degree of the worker, and cannot be in an unrelated field. Over a quarter of all H-1B filings generated an RFE in 2011. H1b Extension Rfe 2020. 7 percent approval rate. RFE rates remain nearly double those of FY 2015. “specialty occupation. The chances of H1B extension approval after RFE reduces to 60%. Future for H1-B visa holders. The Murthy Law Firm recently scored another legal victory in federal court, suing the U. H1b rfe data scientist. If there is an H1B visa rejection then the advantage is that the candidate can again apply for the same next year but it is a daunting process because the candidate has to follow the entire filing application inclusive of convincing the company. This means that you qualify for the H1B visa if you are accepted in a specific job position which has the following requirements: Possession of an advanced educational degree such as: A 4 four year Bachelor’s Degree (or equivalent degrees) A Master’s or. BTech (EEE) , MS (Computers), I-140 approved 2012 H1b 6 years done Processing Type (Normal as Premium was suspended during that time) April 13, 2017 ==> (Location change from NJ to OH) è H1 Amendment + Renewal. Citizenship and Immigration Services (USCIS), as denial rates grew and approval rates fell. The employer must also pay the minimum prevailing wage, as determined by State Employment Agency rules or other approved standard guidelines. The list lends some context to recent USCIS reports showing that RFEs and denial rates are continuing to climb under the Trump administration, especially for H-1Bs. (A)(1) H-1B petition in a specialty occupation. - H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) - H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. H1b Extension Processing Time. officers need to be certain that the job offered to the H-1B individual really does require a bachelor’s degree or higher in a specific. If the F1 student s H1B petition is selected and approved, the student s extension will continue through September 30th unless the petition is denied or revoked. Rely on us for your H1-B RFE! We have dealt with thousands of complex RFEs;. Furthermore, if a license is required under state law to practice a specific specialty occupation, the alien must hold the appropriate license. Again, this is one of the optional visa fees. Companies had to pay these foreign engineers at US market rates and provide documentation to prove that foreign engineering hires were the “most. About 40 H1B Visa applicants WILL Not get H1B Visa Approval after an RFE. Provide a. The approval rate after an RFE fell to 50. The H-1B visa category is intended for a “specialty occupation” and is authorized only for an approved position at an approved salary level for an approved employer. H1B and H4 visa feature in Donald Trump admin's Fall 2018 regulatory agenda as US midterm elections loom: All you need to know Reports today of the Donald Trump administration planning to “revise the definition of specialty occupations under H1B visas” is better understood a notice of intent to put an official stamp on what is already par for the course in the H1B ecosystem in the United. 2017 memorandum on computer-programming positions. help how do I tackle this ,Got following RFE:- (1) USCIS is requesting evidence to prove that the offered position qualifies as a specialty occupation. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. The USCIS has never released information regarding the overall EB2 NIW approval rate. April 1st, 2020: USCIS accepts H1B petition with LCA, full info for FY 2021. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. Over 80% of H-1B RFEs were approved in 2015, and since then, that percentage has been whittling down to the nearly 60% H-1B RFE approval rate for 2019. ” At this point, the only way to gain approval for an H1B visa is to demonstrate that your job position is indeed considered as a specialty occupation. employer and foreign employee to meet specific rules. Hello all, After waiting for over 4 months, I finally received an RFE today for SPECIALTY OCCUPATION. Others with the same RFE, try to include a expert opinion letter along with regular documents to prove that your job is aligned with your course of study. •Oct 2018: Revision of ‘speciality occupations’ for H1B visa holders. For instance, a recent Forbes article points out that, “In FY 2018, USCIS denied 80% of the H-1B petitions for new (initial) employment for Capgemini, a French multinational, 61% for U. Converted to PP: July 13th, 2018 Package received by USCIS: July 16th, 2018. H1B RFE & Rejection Rates Increase. The data is for the quarter ended June 30, days after Trump suspended new non-immigrant visas, including the H-1B and L-1, through a Presidential Proclamation citing threats to American jobs. We specialize in achievement-based immigration petitions and have a proven record of high success rate in NIW (National Interest Waiver), EB1A, EB1B and O1 achievement-based immigration. This means that you qualify for the H1B visa if you are accepted in a specific job position which has the following requirements: Possession of an advanced educational degree such as: A 4 four year Bachelor’s Degree (or equivalent degrees) A Master’s or. RFE doesn't mean your chances for getting approval will decrease. That's a real low rate of approval. ” 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. In 2018, it dropped down to 62. bachelor's or higher degree (or its foreign equivalent) in the specific specialty or a related field; or. –Position must be in a specialty occupation –Applicant must have a bachelor’s degree or –Approval rate before RFE has dropped around 10% since 2017. H1B RFE & Rejection Rates Increase. H1B visa classification may be granted to an alien who: Will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the. He got RFE for that and he submitted required document and he went India for stamping but he got again RFE. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. Form 221g reasons by US embassy for visa issuance. H1B RFE supplemental material is USCIS ‘summary of the H1B application or petitions: Additional material and evidence from the H1B applicant or petitions are required to determine whether or not to approve the H1B application. It is a temporary work visa granted to foreign nationals by the Government of the United States of America. com, we have answered countless specialty occupation RFEs successfully. I joined the new employer based on receipt notice instead of waiting for approval, since premium processing was not available in Aug 2017. Received RFE end of July for Specialty Occupation. It is 75% at this moment, while it used to be around 90% four years ago. 5% in FY 2019, a sharp drop. H1B RFE Trends and Rate. 6% in FY 2015 was increased to 32% in the first quarter of FY 2019. The H-1B visa category is intended for a “specialty occupation” and is authorized only for an approved position at an approved salary level for an approved employer. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. In the 2019 fiscal year, the GOH1B team predicts that the probability of receiving an RFE for your H1B application is 51%. It is a chance to re-argue your case to the USCIS. •Jan 2019: USCIS demands petitioners filing. Never received any RFE in any prior approvals so far. In 2015, the approval rate following a RFE notice was 83. Green & Spiegel Attorneys Earn Approval of H-1B in Federal Court Hospitality Management is a “Specialty Occupation” Stephen Antwine. It seems that more and more H1B petitions end up with an RFE. employer may pay up to $5,500 just in government filing fees, provide hundreds or thousands of pages to DHS in support, make applicable attestations, answer up to one or two DHS queries and remain ready for a random on-site inspection. Many of these denials were related to lack of proof for specialty occupations. More significantly, the denial rate of H-1Bs for Indian nationals rose 42% from the third to fourth quarter of FY 2017 alone, with 16% of H-1B petitions denied in the third quarter and 23. It is 75% at this moment, while it used to be around 90% four years ago. Note that 30% is my estimate based on recent cases that people have reported on various am22tech social groups and forums. RFE를 specialty occupation 란 항목으로 12월 달에 받았구 이제 변호사님이 답변 제출하시는 것 같습니다. 6% of H1B petitions denied in the fourth quarter. August 19, 2017==>RFE Specialty Occupation. We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17-19 of Form I-129 with a revision date of November 23, 2010, or later). April 1st may seem a long time from today, but employers and potential H1B candidates should be preparing now. ALERT: In order to use this self-serve tool a valid email address is required. H1B Visa RFE and Approval Rate. RFE doesn't mean your chances for getting approval will decrease. “specialty occupation. Many of these denials were related to lack of proof for specialty occupations. This means that they have completed advanced education degrees or have extensive training. Microsoft, Apple, Amazon has 99% H1B Visa Approval Rate. For more information about the H-1B program, visit our H-1B Specialty Occupations Web page. This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success. Initially got RFE (specialty occupation), replied on 22nd july. In making the specialty occupation analysis, USCIS will often look to the Occupational Outlook Handbook (OOH), published by the Department of Labor. My bsc is in international business / finance. The H-1B visa program was created to allow US employers to hire foreign workers for specialized occupations that could not be filled with domestic labor. By Am22tech Updated 12 Jun, 20. According to this same data, the percentage of H-1B petitions that receive an RFE is increasing. The RFE says speciality occupation - Availability of work. The H-1B visa category is intended for a “specialty occupation” and is authorized only for an approved position at an approved salary level for an approved employer. Indonesia Stock Exchange (IDX) website features stock market news, stock information, stock updates, and general overview of the market landscape. Had the misfortune of getting an RFE during an H1B transfer to FANG. Rather than focusing on other common RFE scenarios, such as. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. The USCIS has never released information regarding the overall EB2 NIW approval rate. My H1B petition has finally been. - H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) - H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. Specialty occupation RFEs are very common now. In 2018, it dropped down to 62. The H1B visa classification requires that (1) a foreign national be coming to the U. "specialty occupation. 2% in 2015 to just 62. An applicant may begin working for a new employer as soon as the new employer has filed their petition and subsequently received the official receipt from the. Number of H-1B petitions that received RFE: 0. The email i received was from my employer’s Immigration department asked for 4 details. The approval rate after an RFE fell to 50. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018. My attorney is all set to respond with the required documents. H1B Visa RFE and Approval Rate. I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. RFE stands for Request for Evidence and is issued by the USCIS prior to a final decision (approval or denial) of a petition or application. On March 31, 2017, USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer’ as a specialty occupation. I joined the new employer based on receipt notice instead of waiting for approval, since premium processing was not available in Aug 2017. USCIS is issuing more H1B RFEs than ever asking for proof of “Specialty Occupation” as per the latest data shared on Feb 22, 2019. The USCIS has never released information regarding the overall EB2 NIW approval rate. The H-1B visa can be used for part-time. Sharma continued, “For example, to fill a specialty occupation with an H-1B professional worker, a U. Don’t let your lawyers slack on your RFE response! My lawyers sent a total of 300++ pages for my RFE so I think that really helped with the approval. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. (Nationals of Chile or Singapore may also consider the specific H-1B1 Visa sub-type. AILAs analysis of 187 RFE examples show that ^Level 1 RFEs for Job Zone 4 occupations tend to challenge whether the position is a specialty occupation or whether a Level 1 LCA is appropriate, while. An RFE can't stop an applicant from acquiring a visa. It is considered to be a visa issued for specialty occupations. As for H1B RFE approval rates, they’ve had a decrease as well. Got a full-time direct client ( not consultant) offer from different state and filed H1b transfer petition too( O'Net JobZone N/A, title: QA Automation Engineer, wage level 2). The H1B visa is a US non-immigrant visa in the work visa USA category. The existing H1B employment authorization will continue for the H1B worker until the new petition is adjudicated. This has also led to a significant reduction in H1B RFE approval. I joined the new employer based on receipt notice instead of waiting for approval, since premium processing was not available in Aug 2017. I have some questions in selecting the right SOC Code , during the transfer to a new employer. Just out of curiosity I would like to ask is there anyone who got the approval after receiving this type of RFE for CAP 2018?. Situation- · Company A H1B i797A approved from Feb 2017 to Dec 2019 · Joined company B on receipt notice in Jan2018 and there is a RFE on company B transfer. Prideimmigration. Hello all, I received an RFE for Specialty Occupation in the first week of September. Future for H1-B visa holders. H1b extension filed: May 31st, 2018. Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. RFEs cast an additional burden on the sponsoring companies, both in terms of time and cost. A foreign worker that wishes to apply for a Specialty Occupation qualification will be required to meet one or more of the following:. 4 percent, the Q1 fiscal 2020 approval rate was 83. Attory Replied to H1B RFE on august 2014. •Oct 2018: Revision of ‘speciality occupations’ for H1B visa holders. H1B RFE supplemental material is USCIS 'summary of the H1B application or petitions: Additional material and evidence from the H1B applicant or petitions are required to determine whether or not to approve the H1B application. Specialty occupation RFE and Approval. Seen in the light of this data, Mr. The number of H1b visas issued dropped by 18,400 between the fiscal year 2017 and 2018. Officer instruction is to review requests for renewal as thoroughly as they would initial visa applications and not give deference to the prior petition approval. It allows the visa holder to work in the United States for 3 years with a 3-year extension. Client letter My client does not provide typically letters to support immigration. I am working in USA as Business Systems Analyst from past 4 years. Whereas the approval rates for the year-ago quarter stood at 75. H1B and H4 visa feature in Donald Trump admin's Fall 2018 regulatory agenda as US midterm elections loom: All you need to know Reports today of the Donald Trump administration planning to “revise the definition of specialty occupations under H1B visas” is better understood a notice of intent to put an official stamp on what is already par for the course in the H1B ecosystem in the United. To be considered for an H-1B the applicant must possess the minimum degree and experience required for the specialty occupation. :confused::confused: I am a full time employee in one of the most reputed companies within our industry and also my work is quite relevant to the field in which I completed my Master's degree from one of the most renowned universities in US. H1B RFE Trends and Rate. Just out of curiosity I would like to ask is there anyone who got the approval after receiving this type of RFE for CAP 2018?. In the H-1B program for professionals in specialty occupations, the denial rate increased from 11 percent in 2007 to 17 percent in 2011. This has also led to a significant reduction in H1B RFE approval. I got L1B RFE in April 2014 and respond to RFE on july 2014. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. Considering this, if you are applying for an H1B visa, the chances you will be receiving a specialty occupation RFE are relatively high. Labor Condition Application (LCA) Specialty Occupations with the H-1B, H-1B1 and E-3 Programs The H-1B visa program allows employers to temporarily employ foreign workers in the U. According to Fragomen’s statement on the issue, H-1B approval rates remain well below where they stood five years ago when cases had a 95. This RFE is unusual as the agency has never before requested this information in instances where the foreign. Please describe ALL of the Associate's job duties for the Architect (Computer Systems Engineers / Architects, 15-1199) position in detail, with specific attention to the percentage of time spent performing each duty. The Murthy Law Firm recently scored another legal victory in federal court, suing the U. In 2015, the approval rate following a RFE notice was 83. H1B RFE Trends and Rate. He got RFE for that and he submitted required document and he went India for stamping but he got again RFE. I have some questions in selecting the right SOC Code , during the transfer to a new employer. My Labor/Perm is approved and my employer is in the process of filling I-140. Last year (March 2017) after all H-1B lottery filings were submitted, USCIS issued a policy memorandum that rescinded a policy memorandum from the year 2000 that said Computer Programmers are Specialty Occupations and can qualify for H-1B status. Computer Programmers are no longer considered specialty occupations. Rely on us for your H1-B RFE! We have dealt with thousands of complex RFEs;. Company B received an RFE on H1B extension. A transfer requires U. H1B petitions are work visa petitions filed by employers seeking to employee workers in a specialty occupation, meaning, in a job for which a bachelor’s degree is a normal requirement. 1%, respectively. What does H1B RFE mean? RFE means “Request for Evidence”, so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. Executive Summary: A Specialty Occupation RFE is the most common type of RFE issued by the USCIS for an H-1B. Officers are spending more time carefully screening the H-1B job duties to ensure that they meet specialty occupation requirements i. Furthermore, if a license is required under state law to practice a specific specialty occupation, the alien must hold the appropriate license. 00 with PD Oct 2015 and all my previous approved extensions were with SOC Code 15-1199. If the person wishes to change employers, the new employer must file a new petition. The H1B visa is also called a Person in Specialty Occupation Visa. Guess they’re clamping down now. Situation- · Company A H1B i797A approved from Feb 2017 to Dec 2019 · Joined company B on receipt notice in Jan2018 and there is a RFE on company B transfer. – H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) – H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U. This FAQ is targeted to RFE’s sent in response to the filing of an H-1B petition, an increasingly common feature in 2019-2020 under the Trump Administration. H1b extension filed: May 31st, 2018. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. Along with this, the approval rate for cases that received an RFE dropped from 83. The reports contain numerous instances in which applicants with valid qualifications to work on a given visa received lengthy requests for evidence or even generic denials. H1B RFE supplemental material is USCIS 'summary of the H1B application or petitions: Additional material and evidence from the H1B applicant or petitions are required to determine whether or not to approve the H1B application. The assumption that they are hiring H1B employees to save money does not hold the water. This research paper explains what a specialty occupation RFE is and how to reduce your chances of getting one and how to respond if you do get one. Number of H-1B petitions that received RFE: 0. Along with this, the approval rate for cases that received an RFE dropped from 83. A foreign worker that wishes to apply for a Specialty Occupation qualification will be required to meet one or more of the following:. The Murthy Law Firm recently scored another legal victory in federal court, suing the U. The H1b visa rules used prior to 1990 required BS Engineering Degrees and were initiated by companies seeking to hire the best candidates, including foreign students graduating from US universities. Both cases are in regular processing. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. Another significant data was the approval rating after a H1B petition received and responded to an RFE. RFE rates remain nearly double those of FY 2015. infographic. Rather than focusing on other common RFE scenarios, such as. H1b transfer rfe 2019. Data analyst h1b rfe. Compare that to the same quarter the previous fiscal year, when USCIS denied 25,080 applications. H1b Extension Processing Time. The H-1B is a visa that allows foreign nationals to enter the US and work in a variety of “specialty occupations,” including as architecture, law, medicine, engineering, science, etc. 4 percent—a significant rise. 2) Education, training, or experience in the specialty occupation equivalent to the completion of such degree; or. Just wondering has anyone had luck with revers. H1B RFE Specialty Occupation + Beneficiary Qualifications 网上状态 Approved. I got L1B RFE in April 2014 and respond to RFE on july 2014. H1b RFE asked for valid status in USA,SOW document. Reason is the dreaded "Specialty Occupation", reading online makes it seem like this is the end of the road, as this is hard to reverse. Others with the same RFE, try to include a expert opinion letter along with regular documents to prove that your job is aligned with your course of study. Top Reasons for an RFE There are a number of reasons why USCIS may issue an RFE. Planning for the FY16 H1B Cap Season On Wednesday, April 1, 2015, the U. BTech (EEE) , MS (Computers), I-140 approved 2012 H1b 6 years done Processing Type (Normal as Premium was suspended during that time) April 13, 2017 ==> (Location change from NJ to OH) è H1 Amendment + Renewal. See full list on murthy. Just wondering has anyone had luck with revers. H1B RFE Trends and Rate. Number of H-1B petitions selected in the lottery: 10. "specialty occupation. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. This included both new and renewable H1B visas. # Reason Description of Reason 1. H1B Approved! ? Finally! Masters, Premium, California center. Citizenship and Immigration Services (USCIS), as denial rates grew and approval rates fell. Infact, it will probably increase. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the proclamation was published. Many of these denials were related to lack of proof for specialty occupations. In the H-1B program for professionals in specialty occupations, the denial rate increased from 11 percent in 2007 to 17 percent in 2011. Indu, I have valid H1B until December 2020. H1B petitions are work visa petitions filed by employers seeking to employee workers in a specialty occupation, meaning, in a job for which a bachelor’s degree is a normal requirement. titled “Top Ten Ways USCIS Is Improving the. At TheDegreePeople. April 1st, 2020: USCIS accepts H1B petition with LCA, full info for FY 2021. Have an approved I140 with employer A. In making the specialty occupation analysis, USCIS will often look to the Occupational Outlook Handbook (OOH), published by the Department of Labor. cooperation among OIA, DO, and the foreign national, as outlined below. H-1B Visas are a category of nonimmigrant worker visa designed to allow foreign citizens to work in the US temporarily in specialty occupations who hold a relevant four-year college degree or who have equivalent work experience. Currently, the US issues 85,000 H1B visas every year, including 20,000 for those with advanced degrees from US universities. ALERT: In order to use this self-serve tool a valid email address is required. H1B Petition Extension requests are also expected to reach an all-time high in RFEs. Got a full-time direct client ( not consultant) offer from different state and filed H1b transfer petition too( O'Net JobZone N/A, title: QA Automation Engineer, wage level 2). It only means that the authority needed to have additional evidence to come up with a decision about your visa application. This has also led to a significant reduction in H1B RFE approval. In 2015, the RFE rate was between 10% and 30%. I am also attaching the RFE document. 4 percent so far in FY 2019. In 2018, USCIS began denying H-1B petitions for Computer Systems Analyst, Market Research Analyst, and Financial Analyst jobs, which previously had qualified as H-1B specialty occupations. I have some questions in selecting the right SOC Code , during the transfer to a new employer. " 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. H1B Approved! ? Finally! Masters, Premium, California center. For the H1B position, the EB5 investor would need to work in a specialty occupation as opposed to being a general manager. In 2018, it dropped down to 62. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty. Again, this is one of the optional visa fees. ” 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. He got RFE for that and he submitted required document and he went India for stamping but he got again RFE. H1B RFE & Rejection Rates Increase. Received RFE end of July for Specialty Occupation. 4 percent, the Q1 fiscal 2020 approval rate was 83. Top Reasons for an RFE There are a number of reasons why USCIS may issue an RFE. From 2016 till now, we have over 10,000 NIW approval, with the overall approval rate close to 100%. Beginning June 2017, the legal community began to notice an unprecedented pattern of requests for evidence (RFEs) being issued in adjudication of H-1B specialty occupation petitions. An alien worker must leave the U. H1B Petition Extension requests are also expected to reach an all-time high in RFEs. H1b transfer denied after rfe H1b transfer denied after rfe. H-1B Stakeholders Get Conflicting Signals. Green & Spiegel Attorneys Earn Approval of H-1B in Federal Court Hospitality Management is a “Specialty Occupation” Stephen Antwine. Level 1 wageThe second complication to H-1B petitions is wage levels. As of July 2018, data suggest that high rates of denials and requests for evidence in skilled visa categories have continued. Another significant data was the approval rating after a H1B petition received and responded to an RFE. Getting an RFE just means that the officer in USCIS can’t join all dots together to prove that you fulfill all requirements. Within the work visa category, the H-1 visa is for people who have specialty occupations. The CSC was more likely to issue this type of RFE than the VSC. Whereas the approval rates for the year-ago quarter stood at 75. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. I received an RFE to prove that the proffered position is in fact a “specialty occupation” position. H1B denial reason was "preferred position does not require specialty Occupation Worker. H1B RFE Trends and Rate. Visa was approved after USCIS issued an RFE challenging the off-site placement of the employee. H1B RFE supplemental material is USCIS ‘summary of the H1B application or petitions: Additional material and evidence from the H1B applicant or petitions are required to determine whether or not to approve the H1B application. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. An RFE can’t stop an applicant from acquiring a visa. The IT service companies have alleged that the approval of H-1B visas has dropped from an average of 94 percent in FY 2015-2017 to 84. Over 80% of H-1B RFEs were approved in 2015, and since then, that percentage has been whittling down to the nearly 60% H-1B RFE approval rate for 2019. Number of H-1B Numbers Available Annually. H1B RFE is very different from those applying for H1B visa. H1B approved后,学校让撤销opt extension申请; 怎么判断自己是不是RA需不需要交FICA税; 请问一下i94更新的问题 [CPT] F-1 Visa可以同时申请两个不同美国公司的full time CPT吗? H1B Ban的直接影响人群有哪些? 终于来了!H1B签证暂停; h1b visa要被禁了科技股还在涨. An RFE is when USCIC asks for further evidence to ascertain if the employee requesting for an extension of their H-1B is in a specialty occupation, to know where the employer will be working. The "chances" mean nothing. The H-1B is a visa that allows foreign nationals to enter the US and work in a variety of “specialty occupations,” including as architecture, law, medicine, engineering, science, etc. May 18, 2017 ==> RFE Received è (Client Letter ) July 27, 2017 ==> RFE Responded. Let me explain. •Oct 2018: US initiates deportation of H1B holders with expired visas. Hi community members, it is my first post here, it is not particularly for RFE but for refiling H1b after denial due to specialty occupation. He got RFE for that and he submitted required document and he went India for stamping but he got again RFE. The H1B visa is also called a Person in Specialty Occupation Visa. It is 75% at this moment, while it used to be around 90% four years ago. ALERT: In order to use this self-serve tool a valid email address is required. In 2015, the approval rate following a RFE notice was 83. Employers may file an H-1B petition for an alien to perform services in a specialty occupation, services of an exceptional nature relating to a Department of Defense. Guess they’re clamping down now. Others with the same RFE, try to include a expert opinion letter along with regular documents to prove that your job is aligned with your course of study. Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status. See full list on murthy. H1b Extension Rfe 2020. Indonesia Stock Exchange (IDX) website features stock market news, stock information, stock updates, and general overview of the market landscape. Complicated RFEs are answered by going back to the basic approval requirements. Company B replied to the RFE in Sep 2018 and currently awaiting decision from USCIS. Labor Condition Application (LCA) Specialty Occupations with the H-1B, H-1B1 and E-3 Programs The H-1B visa program allows employers to temporarily employ foreign workers in the U. USCIS is issuing more H1B RFEs than ever asking for proof of “Specialty Occupation” as per the latest data shared on Feb 22, 2019. AILAs analysis of 187 RFE examples show that ^Level 1 RFEs for Job Zone 4 occupations tend to challenge whether the position is a specialty occupation or whether a Level 1 LCA is appropriate, while. H1b rfe data scientist. More than a third of employers' H-1B visa petitions in 2018 received requests for evidence (RFEs) from U. Executive Summary: A Specialty Occupation RFE is the most common type of RFE issued by the USCIS for an H-1B. Choose our lawyers to RFE success approval. ALERT: In order to use this self-serve tool a valid email address is required. According to Fragomen’s statement on the issue, H-1B approval rates remain well below where they stood five years ago when cases had a 95. Hi community members, it is my first post here, it is not particularly for RFE but for refiling H1b after denial due to specialty occupation. The reports contain numerous instances in which applicants with valid qualifications to work on a given visa received lengthy requests for evidence or even generic denials. H1B denial reason was "preferred position does not require specialty Occupation Worker. Don’t let your lawyers slack on your RFE response! My lawyers sent a total of 300++ pages for my RFE so I think that really helped with the approval. A foreign worker that wishes to apply for a Specialty Occupation qualification will be required to meet one or more of the following:. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty. Indonesia Stock Exchange (IDX) website features stock market news, stock information, stock updates, and general overview of the market landscape. This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. Another significant data was the approval rating after a H1B petition received and responded to an RFE. titled “Top Ten Ways USCIS Is Improving the. employer may pay up to $5,500 just in government filing fees, provide hundreds or thousands of pages to DHS in support, make applicable attestations, answer up to one or two DHS queries and remain ready for a random on-site inspection. An RFE can't stop an applicant from acquiring a visa. 4 percent, the Q1 fiscal 2020 approval rate was 83. Hello all, After waiting for over 4 months, I finally received an RFE today for SPECIALTY OCCUPATION. An alien worker must leave the U. Officer instruction is to review requests for renewal as thoroughly as they would initial visa applications and not give deference to the prior petition approval. "I would recommend Carnegie Evaluations to any immigration professional who is seeking a high approval rate of their H1B cases! We utilized the services of Carnegie for expert opinion letters for specialty occupation and evaluation of education and work experience for the beneficiary, and we were beyond impressed. Have an approved I140 with employer A. A Rhode Island restaurant group challenged a USCIS denial and won H-1B “specialty occupation” status for its General Operations Manager, an Indian national, in federal court. Please describe ALL of the Associate's job duties for the Architect (Computer Systems Engineers / Architects, 15-1199) position in detail, with specific attention to the percentage of time spent performing each duty. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. Hi community members, it is my first post here, it is not particularly for RFE but for refiling H1b after denial due to specialty occupation. Number of H-1B petitions selected in the lottery: 10. The USCIS has never released information regarding the overall EB2 NIW approval rate. It is 75% at this moment, while it used to be around 90% four years ago. What does H1B RFE mean? RFE means "Request for Evidence", so H1B RFE means USCIS sends the applicant a request for evidence for H1B Case. Never received any RFE in any prior approvals so far. company Cognizant, and between 34% and 54%. Compare that to the same quarter the previous fiscal year, when USCIS denied 25,080 applications. April 1st, 2020: USCIS accepts H1B petition with LCA, full info for FY 2021. Our legal team examined the denial and concluded that the legal reasoning used by the USCIS in denying the petition was flawed. Case in regular processing and I joined on receipt as. Occasionally, USCIS requires the applicants (company or individual) to provide additional information and supplement materials before approving their H1B visa — This is what is known as the RFE (Request for Evidence). My company also applied COS(Change of status from L1->H1B and I got RFE in that also on june 2014. H1B Approved! ? Finally! Masters, Premium, California center. Received RFE end of July for Specialty Occupation. In the 2019 fiscal year, the GOH1B team predicts that the probability of receiving an RFE for your H1B application is 51%. Got RFE on specialty occupation. For instance, a recent Forbes article points out that, “In FY 2018, USCIS denied 80% of the H-1B petitions for new (initial) employment for Capgemini, a French multinational, 61% for U. The H1B RFE Approval Rate - Pride Immigration. I am also attaching the RFE document. Her RFE response has very high quality with convincing arguments backed by strong supporting documents. These can range from proving specialty occupation to establishing an employer-employee relationship. 2% in the first quarter of FY 2020, down nearly 13% from the same period in FY 2019, but comparable to the RFE rate in the first quarter of FY 2018. He got RFE for that and he submitted required document and he went India for stamping but he got again RFE. (A)(1) H-1B petition in a specialty occupation. Not to mention that the petition approval is decreasing too. Companies had to pay these foreign engineers at US market rates and provide documentation to prove that foreign engineering hires were the “most. This category is highly popular with IT consulting companies which contract their employees to be placed at end client companies on their projects. In 2018, it dropped down to 62. – H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) – H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. 3% in 2018 with a massive spike in the overall rate of RFE responses from USCIS. H1B RFE Trends and Rate. I am also attaching the RFE document. com, we have answered countless specialty occupation RFEs successfully. The two most common RFE issues that blocked beneficiaries from getting their visas approved outright - and in some cases entirely - were specialty occupation and wage level. 4 percent—a significant rise. In the 2019 fiscal year, the GOH1B team predicts that the probability of receiving an RFE for your H1B application is 51%. Setting aside the illogical reasoning of these decisions, employers need to be prepared for yet more surprising reasons for H-1B denials under the current. The USCIS recently shared alarming data that 60% of H-1B cases are getting RFE's (Requests for Evidence) and 40% of cases after receiving an RFE are getting denied. Prideimmigration. ” At this point, the only way to gain approval for an H1B visa is to demonstrate that your job position is indeed considered as a specialty occupation. H1b Extension Processing Time. Hello all, I received an RFE for Specialty Occupation in the first week of September. The total approval rate for these US companies (including for continued employment) was 98-99%. H1B 2018에 로터리에 당첨되구 아직까지 기다리고 있는 패션디자이너 직에 지원한 사람입니다. " 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. As for H1B RFE approval rates, they’ve had a decrease as well. :confused::confused: I am a full time employee in one of the most reputed companies within our industry and also my work is quite relevant to the field in which I completed my Master's degree from one of the most renowned universities in US. - February 2019, went to india, got stamped no issues. We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17-19 of Form I-129 with a revision date of November 23, 2010, or later). Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. Had the misfortune of getting an RFE during an H1B transfer to FANG. I will list them below: Position Description: Provide a more detailed description of the work to be performed by the Beneficiary for. North America Immigration Law Group has maintained a high approval rate for this category. That’s a real low rate of approval. Have an approved I140 with employer A. Last year, the rate of RFEs for H-1B petitions jumped 45% from the year before, and of the petitions that received an RFE only 60% ended up being approved. Cooper said “there is no basis for the concern expressed in the OIG report that USCIS has an institutional. For more information about the H-1B program, visit our H-1B Specialty Occupations Web page. Last year (March 2017) after all H-1B lottery filings were submitted, USCIS issued a policy memorandum that rescinded a policy memorandum from the year 2000 that said Computer Programmers are Specialty Occupations and can qualify for H-1B status. Employers may file an H-1B petition for an alien to perform services in a specialty occupation, services of an exceptional nature relating to a Department of Defense. H1b Extension Processing Time. The company lawyers(b. employer and foreign employee to meet specific rules. Also, the information in the petition must be consistent with all documentation, so resumes that are falsified or embellished could lead to a denial. Had my initial h1b approved back in 2017 with no issues straight out of undergrad. In the first three quarters of FY 2019, the overall H-1B approval rate fell to 83percent, which is slightly down from the same period in fiscal year 2018 and almost 10 percent down. H1b Extension Rfe 2020. Specialty Occupation. Determine qualification for a “specialty occupation. 1) When I apply for a NIW - EB 2, can I simultaneously apply for I140, EAD , 485 simultaneously? 2) Although the green card date for Indians with EB 2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?. If you have received, or if your employee or client received a specialty occupation RFE this season, it is important to fight it, not just for this individual case, but for the health of the H-1B program and for the survival of STEM industries in the US.
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