H1b Rfe Bachelor Degree

The Indian 3-year Bachelor’s degree is the most common 3-year degree to trigger an RFE because there are only twelve years of pre-college education rather than thirteen. The H1B visa program is designed for and made available to F1 students to achieve this goal. A bachelor's degree is common in the industry among comparable employers. Sorry for the bad news. A credential evaluation showing an equivalency to a US bachelor's degree is required for the H1B visa unless your education was completed in the US. Not only must the H1B visa related position itself be one that requires at least a bachelor’s degree in a specific field, but the sponsored worker must also possess the required bachelor’s degree. H1B Extn RFE speciality occupation - I have a Mechanical Engg degree and 13 years experience in IT. The Floodgates of H1B RFE (Request for Evidence) are opened. After applying through my company's attorney, Ive been requested for evidence (RFE) a few weeks ago due to my degree. For example, if an H-1B applicant holds a bachelor's degree in computer science, and a U. Getting From F1 to OPT to H1B Visa Status The goal of most International students after they graduate is to remain in the USA to gain work experience relevent to their degree studies. I recently changed my employer and my new employer applied for H1B transfer. A specialty occupation is one that generally requires the attainment of a Bachelor Degree. Thus, while a general-purpose bachelor's degree in business administration may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will not justify a finding that a particular position qualifies for classification as a specialty occupation. From your question I infer that RFE is raised to support the need of Bachelor Degree for the sponsoring position. I got RFE in a week after filing the transfer. The higher the wage, the safer the position. While it is a simple RFE where USCIS wants to understand the need of degree, we should also consider job responsibilities and wage le. As an example, an IT services and software solution company filed a petition for a systems analyst classified in the Computer Systems Analyst occupational category (SOC/OES code 15-1121. Watch this thread Start a new thread Add a post. It is not uncommon for a beneficiary to misunderstand the US academic equivalency of their education. bachelor’s or higher degree in the specialty occupation, and having recognition of expertise in the specialty. • Therefore, for all computer programmer petitions, the petitioner will not have met its burden of proof based on the OOH alone. Each case is different, and it is advisable to seek help from immigration attorneys or use compliance software like RightComply that help mitigate the risk of an RFE. This particular visa weighs heavily on educational requirements for approval, and these requirements get tricky in a hurry. Some attorneys do apply under the Advanced Degree Cap while most of the coursework is complete and only student's thesis is pending. USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. 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 degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. A credential evaluation of your foreign bachelor’s degree from a foreign credential evaluation service like Evaluation World LLC is required for admission to a master’s degree program in a college or university, immigration or employment in the United States. Hold a foreign degree that is the equivalent to a U. d) that the nature of the duties necessary to perform the position are so specialized and complex that performance of the duties is associated with attainment of a bachelor's degree or higher, or equivalent work experience. There's quite a jump between education levels, with a bachelor's degree providing almost $10,000 in additional annual income over an associate's degree. So we have worked diligently developing the following resources to best assist you with this process. 2(h)(4)(ii), Specialty Occupation means an occupation that requires theoretical and practical application of a body of highly specialized knowledge in the fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and. Apply to 151 H1b Visa Jobs in Hyderabad Secunderabad on Naukri. Bachelor's Degree or Higher in a Specific Field. qualify as specialty occupation. Most of NIW petitions receive RFE because of this very reason. This individual, however, had a bachelor's degree in biological sciences with a minor in economics as well as a master's degree in food science. These are defined by Section 214(i)(3) of the INA as those that require “theoretical and practical application of a body of specialized knowledge” and the “attainment of a bachelor’s or higher degree in the specific specialty as a minimum entry into the occupation”. For the last criterion, the RFE asked the petitioner to present evidence showing the number of persons employed in similar positions and showing how many of those persons have a baccalaureate or higher degree. The following are the most common RFE reasons for Chinese students. A ‘Credential Evaluation’ for an H1B visa is the procedure that seeks to determine the equivalency of foreign degrees and/or experience with education in the U. the H-1B JOB A "specialty occupation" qualifying for an H-1B classification is one that normally requires the "theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. a RFE was sent requesting for additional evidence that the beneficiary. H1B Recent Trends: The Wage Level 1 Conundrum. Furthermore, if an H1B beneficiary has a master's degree or higher degree from a "U. SOC code is 15-1132 and wage level is 4. Do you want to get H1B Visa application approved without RFE? Then you have to read this article. × Close Welcome to H1BSupport. RFE Solutions The employment-based immigration community has recently encountered an unprecedented wave of USCIS Requests for Evidence (RFEs), and similar challenges. A credential evaluation showing an equivalency to a US bachelor's degree is required for the H1B visa unless your education was completed in the US. Postal Service or be notified through their online portal. H1B transfer denied due to Specialty Occupation Got deniel on June 29th starting it’s not a speciality occupation, as a CSE bachelor degree holder working as. The most concerning pertained to Business analysts and computer systems analysts making level 1 wages. It is for foreign nationals with a Bachelor Degree (or an equivalent foreign degree) that are coming to the U. H1b petition was filed in Premium processing, On day 14 I got an RFE. • Therefore, for all computer programmer petitions, the petitioner will not have met its burden of proof based on the OOH alone. What documents have been requested in your 2nd RFE?. In addition, USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U. The Indian 3-year Bachelor’s degree is the most common 3-year degree to trigger an RFE because there are only twelve years of pre-college education rather than thirteen. d) that the nature of the duties necessary to perform the position are so specialized and complex that performance of the duties is associated with attainment of a bachelor’s degree or higher, or equivalent work experience. Sometimes the beneficiary caused the RFE. The H1b Specialty Occupation. is there any similar visa that makes me able to do business ? i don't care if i have to renew it like every short period. USCIS is challenging whether an H-1B position requires a bachelor's degree or higher in a specific field related to the position (which is the minimum. Bachelor’s degree in computer science or related technical discipline. Not having a bachelor's degree in the US: One of the requirements for the H1B visa is to have at least a bachelor's degree. That the scrutiny of H1B visa renewal applications has been enhanced to a greater degree is evident from the number of Request for Evidences (REFs) increased from 38% to 60% as per the US Citizenship and Immigration Services’ data for the first quarter of the US fiscal 2019. Many H1B candidates come to the United States to work missing a fourth year of education. But, the H1B RFEs are kind of normal these days with Bachelor degree or with consultancy company. I have gone through similar situation recently,received RFE and my H1b visa was denied stating that Bachelor's degree is not required for the job role that I was performing. Hold a foreign degree that is the equivalent to a U. to work in various occupations including accounting, engineering, architecture, law, medicine, accounting, computing, teaching. bachelor’s degree or its equivalent that is relevant to the occupation. The new USCIS memorandum advises that persons employed as computer programmers, particularly those in entry-level positions, may not be considered to be employed in a “specialty occupation,” and may not qualify for H1B status, because a bachelor’s degree in a specific field may not be required for the computer programmer position. I look at an H1b as having 3 main areas- employer, employee and position. bachelor's or higher degree in the specialty occupation. 3-Year Degree: Will It Get You A H-1B? Applicants holding a 3-year degree with 3-years of work experience in a related area may qualify for H-1B. H-4 visa holders may attend school, but may not work under the H-4. Want to work and live in United States? We provide customized work visa solution based on your profile and analysis of visa job database. 5 years reception also assumes that people are here for bachelor degrees. Having a Bachelor’s degree or higher or an equivalent is the minimum qualifying criteria for a specialty occupation. The most concerning pertained to Business analysts and computer systems analysts making level 1 wages. Likewise, if the foreign worker does not have a bachelor's degree from a United States school, the foreign worker may need to submit proof of the foreign degree equivalent. Position that qualify for an H1B visa must have a minimum of a bachelor's degree, and the applicants must have a relevant degree for the position. My manager was asked to provide the detailed JD and manager took care of that part but just asked me to map the courses/knowledge learnt from bachelors degree against each job duty. I am a software engineer in silicon valley. As an example, an IT services and software solution company filed a petition for a systems analyst classified in the Computer Systems Analyst occupational category (SOC/OES code 15-1121. Many H1B candidates come to the United States to work missing a fourth year of education. to work in various occupations including accounting, engineering, architecture, law, medicine, accounting, computing, teaching. Using a Bachelor's degree and 5 years of progressive post bachelor's experience to qualify for EB-2 is good news for those applicants who do not possess a Master's. I resigned and joined the new company on RFE. Three years of experience can count for one year of missing college year. Cyrus Mehta, top immigration attorney based in New York, says the RFE is a smokescreen for the unstated but obvious resistance to immigration in general and H1B as a favourite whipping boy - "It is not a surprise that when the Administration does not favor a particular visa, the RFE rate increases. For immigration purposes and H1B Visa, a document evaluation or an education and work experience evaluation is generally required. My degree was a Bachelor of Engineer but in mechanical engineering. Information below covers the resources you need to utilize to obtain and provide for your specific RFE: Form I-20. This RFE caught everyone off guard and we won’t know until RFEs come out for. Bachelor’s degree in computer science or related technical discipline. net developer would have received and RFE to prove the job's expertise. Subsequent H1B visa status may be granted up to 3 additional years, with a total of 6 possible years of H1B visa status. A US master's degree will now increase your chances of getting an H-1B visa as the US has reversed the order of conducting the 'Regular' and 'Masters' cap lottery. I have been working in IT for 3. The US issues 85,000 new H1B Visas per year, with 20,000 of those set aside for individuals who have a US master's degree or higher. This individual, however, had a bachelor’s degree in biological sciences with a minor in economics as well as a master’s degree in food science. Important points to consider when answering an RFE. The H-1B category is designed for what the Immigration and Nationality Act (INA) regards as "specialty occupations". Level 1 wage may not be feasible for entry level programming positions that require a bachelor's degree. My H1B has been picked up in lottery for 2016,but I have bachelor of Degree in Mechanical but working in IT more than 5 years,Please let me will it cause any problem in processing my H1B?? will it go in RFE status. Like this thread 3 0. Hi, My my new employer applied for a H1b transfer and extension and I received a RFE for this application citing details on Specialty Occupation. bachelor's degree or higher in the same field as the job offered. "Submit evidence that the beneficiary obtained the required Bachelor's degree before the priority date. Since, I had no way of proving that I had maintained my status, a new H1B was filed by company B. Read USCIS’s official guidelines on H1B’s eligibility requirement. For a job to quality for H1B status, there must be a minimum requirement of a US bachelor's degree or its equivalent to gain employment. S Masters can still be considered, but in conjunction with the Beneficiary's Bachelor degree. Guest Posts, Visa Info bachelors degree, degree assessment, degree equivalency, foreign degree, h-1b, h-1b visa, h1b, h1b visa, specialy occupation TheVisaCoach The H1B visa is for those who want to come to the U. institution Have a job offer from a U. A “specialty occupation” is simply one where at least a US Bachelor’s degree (or foreign equivalent) in a specific discipline is required for the job. The necessarily required documentation includes the Official school documents. It has been years since USCIS has regularly approved H-1B cases in which a beneficiary has the required US Bachelor’s degree in a field RELATED to the specialty occupation. I was just asked to share my paystubs. Not having a bachelor’s degree in the US: One of the requirements for the H1B visa is to have at least a bachelor’s degree. H1B Extn RFE speciality occupation - I have a Mechanical Engg degree and 13 years experience in IT. New employer, same position. Immigration officers usually consider three years of work experience equal to one year of formal education. The new policy articulates that the degree should be computer related. Important points to consider when answering an RFE. You can apply for h1b visa with out certificate. H1b visa was approved on foreign bachelors degree, but the degree was revoked or rescinded by the school, what happens to the already approved H1b? can i continue working until the H1b expiration and also, would i be able to file extension of H1b in future?. H1B Lottery 2018 - April 17 Update: USCIS confirms that it received 199,000 H1B Applications for the 2018 H1B Lottery and It conducted the random H1B lottery on April 11, starting with advanced degree holders and then moving to the regular cap!. After being laid off from engineering job in H1b from Oil&Gas company, I changed status to F1 to pursue MBA. For the applicants who obtained their degree overseas, a H1B RFE may request proof of a foreign degree equivalent. The RFE may also seek proof of experience in the form of past employment letters or school grades and evaluations from an official source. Though I am yet to receive the complete details on this RFE from the Immigration team, this is what they sent across " We require an updated Onsite Position Description particular to specialty occupation requests. In addition, USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U. I received an RFE during H1B transfer. If the USCIS concludes that a given position is not in a specialty occupation, the employer’s H-1B petition will be denied. My manager was asked to provide the detailed JD and manager took care of that part but just asked me to map the courses/knowledge learnt from bachelors degree against each job duty. Hold a foreign degree that is the equivalent to a U. For the applicants who obtained their degree overseas, an H1B RFE may request proof of a foreign degree equivalent. This individual, however, had a bachelor’s degree in biological sciences with a minor in economics as well as a master’s degree in food science. This is because H1B visa is for "specialty occupations. This issue exists across the board and affects all fields of H1B employment. Not exactly managerial material. Spouses and/or unmarried children under the age of 21 may join the H-1B holder in the U. common h-1b rfes and how to address them Jun 19, 2015 When U. Available | Accurate | Affordable 1754 Technology Drive, Suite 133, San Jose, CA 95110 Not a US Attorney | Contract HR Manager | www. Apparently, having a bachelor's degree and a job in computer science was enough, under certain policies, to be H1B eligible. He has master’s degree and did not have any paper review experience or award. Mine is EB2- I have bachelor's degree. I will be graduating with a Masters degree in December, 2010. bachelor's degree in one of the required fields listed in the labor certification. Networking Is Easier with a Bachelor's Degree. Having a U. Typical occupations qualifying for H1B visa status include professions, which are defined by INA §101(a)(32) to include architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. This individual, however, had a bachelor’s degree in biological sciences with a minor in economics as well as a master’s degree in food science. I have similar RFE for a non. See salaries, compare reviews, easily apply, and get hired. Bachelor's degree in a specific field, and the worker must have a relevant degree or the equivalent combined education and/or experience. We simplify the process of H1B Visa application and make sure that people get it at reasonable fees and charges. Official school documents are necessary to provide the proof needed. Information below covers the resources you need to utilize to obtain and provide for your specific RFE: Form I-20. For workers with a master’s degree was 44. The latest Tweets from TheDegreePeople (@TheDegreePeople): "Case Study: H1B Level 1 Wages RFE - OVERTURNED! How do we do it and how can we help you? Read on to learn more. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. I won the H1B lottery last year. The new company's lawyer said it's related to specialty occupation. How the H-1B Specialty Occupation Definition Has Changed. Apply to 151 H1b Visa Jobs in Hyderabad Secunderabad on Naukri. Specialty Occupation. While it is a simple RFE where USCIS wants to understand the need of degree, we should also consider job responsibilities and wage le. The RFE continue to point out that based on information from the OOH, some employers require only a post-secondary certificate for the position selected (8) and therefore "a bachelor's degree in a specific specialty does not appear to be a minimum requirement". A common misconception is that if a candidate holds a bachelor's degree or higher in a specific specialty field directly related to the position offered, then the H1B requirements have been met. It is no longer enough to simply show that a bachelor's degree in a relevant field is normally required for the position. A recurring RFE we see every year with H-1B candidates is the education RFE for the Indian three-year bachelor's degree. If the applicant does not have the relevant degree, an REF may be sent. Bachelor Degree and 3 years of experience should result in a Level 3 prevailing wage. It is for foreign nationals with a Bachelor Degree (or an equivalent foreign degree) that are coming to the U. Here you find all the details. You will receive an RFE in the mail or can check online for an outstanding RFE by using the case status tool. A recurring RFE we see every year with H-1B candidates is the education RFE for the Indian three-year bachelor’s degree. Currently working as "software quality assurance analyst". Employers must pay H-1B workers a prevailing wage based on their job and geographic location. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and at least a Bachelor's Degree or the equivalent in the specific specialty (e. A master’s degree or a bachelor’s degree or something equivalent Reasons For USCIS Issuing H1B RFE There are times when the US Citizenship and Immigration Services (USCIS) do not approve an application due to lack of necessary documents and supporting evidence. The following are the most common RFE reasons for Chinese students. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent. bachelor’s degree in a. that the bachelor degree might have been in chemistry or in art wasn't relevant to the old policy. 2009 to Feb. I have been on a TN visa which has renewed once. H1B holders transferring to new employers in particular are seeing increasing numbers of denials. The Floodgates of H1B RFE (Request for Evidence) are opened. net developer would have received and RFE to prove the job's expertise. Hold a foreign degree that is the equivalent to a U. Now I have an IT consulting company ready to file H1b premium processing as Systems Analyst/Software Engineer. VisaPro lawyers have handled complex foreign credential evaluations for H1B visas involving degrees from around the world. A list of Top 10 H1B Visa RFE's doesn't really provide any value to you. To be eligible for obtaining an H1B visa You must have ONE of the following qualification requirements: 1) A Bachelor's degree or Masters Degree (or the foreign equivalent degree from your Country), OR. Petitioners who are qualified workers in a "specialty occupation", the minimum requirement for which is a Bachelor's Degree or equivalent for the position, are granted H1B visa. Read USCIS’s official guidelines on H1B’s eligibility requirement. Getting a bachelor's degree will raise your average annual income to $68,190. For example, most Software Engineer positions require a Bachelor's degree in Computer Science or a related field, and thus qualify for H1B classification. H1B Extn RFE speciality occupation - I have a Mechanical Engg degree and 13 years experience in IT. Even if this is not on the first RFE, it is possible to appear in the second round, mainly if the justification for the position presence a specialty occupation highlights the essential for a particular degree. H-4 visa holders may attend school, but may not work under the H-4. A bachelor's degree is common in the industry among comparable employers. employer that requires your bachelor’s degree. Positions that qualify for an H1B visa have a minimum requirement of a bachelor’s degree, and all sponsored applicants must have the relevant degree for the position. Education is a central component of H1B eligibility. My manager was asked to provide the detailed JD and manager took care of that part but just asked me to map the courses/knowledge learnt from bachelors degree against each job duty. Job Location Multiple locations (USA). The H-1B visa is a temporary employment authorization for a nonimmigrant who holds a U. Foreign degree evaluation reports required by the United States Citizenship and Immigration Services (USCIS) for almost all visas require that the applicant holds an equivalent to at least a US bachelor's degree. Packaging Equipment Engineer (NO H1B's) - FULL RELO The Sotland Group Baltimore, • Bachelor’s degree in Engineering with a concentration in Packaging Science, Mechanical, Electrical. We have experience helping foreign employers and employees in this situation obtain H1B visas. I have done MBA from USA and Undergrad in mechanical engg. Candidates apply for the H1B Visa in the USA but face H1B rejection the main reasons behind that are lack of knowledge about H1B visa application process and H1B visa rejection reasons. The client received RFE, primarily because his impact on his fields was challenged by the immigration officer. USCIS Reasons for Denial. The number of H-1B petitions approved in 2017 for workers in computer related occupations was 69. Never got a RFE before this. The RFE continue to point out that based on information from the OOH, some employers require only a post-secondary certificate for the position selected (8) and therefore "a bachelor's degree in a specific specialty does not appear to be a minimum requirement". Generally, IT jobs such as Computer Programmer, Software Engineer, etc. H1B holders transferring to new employers in particular are seeing increasing numbers of denials. This recalibration will filter out those with just bachelor's degrees, making it harder for them to get an H1 Visa approval. If the applicant does not have the relevant degree, an REF may be sent. Want to work and live in United States? We provide customized work visa solution based on your profile and analysis of visa job database. I just received an RFE on my OPT application. Master Degree holders each year for H1B employment beginning on October 1. If you hear anything different let me know as well. Position that qualify for an H1B visa must have a minimum of a bachelor's degree, and the applicants must have a relevant degree for the position. In order for one to are eligible for a H-1B Visa, they have to be a holders of a bachelor degree or years of experience in the specific area of expertise they are being introduced for. 90% of people received RFE because they failed to demonstrate their qualifications to work for a “specialty occupation”. His position was also one that did not require a Bachelor's degree. Why are H1B transfers denied? H1B transfer petitions can be denied for many reasons. The Indian 3-year Bachelor’s degree is the most common 3-year degree to trigger an RFE because there are only twelve years of pre-college education rather than thirteen. The H1B visa program is designed for and made available to F1 students to achieve this goal. bachelor’s or higher degree in the specialty occupation Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. More than 70% of H1B applications received rfe h1b for this reason, because the Immigration Bureau believes that Level 1 Wage belongs to the Entry Level and cannot prove that the position has a certain degree of. I have Bachelors in Pharmacy degree, Can you please share some information if you went for MTR or has your employer had some different solution. I have gone through similar situation recently,received RFE and my H1b visa was denied stating that Bachelor's degree is not required for the job role that I was performing. In some cases, an applicant will have to explain how their degree is relevant to. The RFE may also seek proof of experience in the form of past employment letters or school grades and evaluations from an official source. Can I apply for H1B with 3 years Bachelors degree from India and Masters degree from the USA? Hello, I am Masters graduate from US University. The employer is responsible to submit an H-1B petition on your behalf by filing a Form I-129 with USCIS for adjudication. I got RFE on March 29th, submitted evidence around speciality occupation, employer employee relation and a missing amendment. The new company's lawyer said it's related to specialty occupation. This issue exists across the board and affects all fields of H1B employment. Some attorneys do apply under the Advanced Degree Cap while most of the coursework is complete and only student's thesis is pending. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. Generally, IT jobs such as Computer Programmer, Software Engineer, etc. Even if the job itself only requires a Bachelor's degree and you happen to posses a Master's - that's OK. Official school documents are necessary to provide the proof needed. Currently working as "software quality assurance analyst". A “specialty occupation” H-1B visa requires the theoretical and practical application of a body of highly specialized knowledge. Citizenship and Immigration Service (USCIS) opens a total of 85,000 such visas — 65,000 for those applicants who have a bachelor’s degree or equivalent, and 20,000 for. - Employer Employee Relationship, Qualifications, Status In H1B Visa by Guest Author Updated : January 26, 2019 131 Comments As you know, H1B Visa Request for Evidence (RFE) can be very frustrating from everyone perspective as you would need to submit the info and wait for USCIS. The H-1B Job Must Require a Specific Bachelor's Degree. The visa stamp varies by country. H1B Lottery 2018 - April 17 Update: USCIS confirms that it received 199,000 H1B Applications for the 2018 H1B Lottery and It conducted the random H1B lottery on April 11, starting with advanced degree holders and then moving to the regular cap!. common h-1b rfes and how to address them Jun 19, 2015 When U. bachelor's or higher degree in the specialty occupation Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. This individual, however, had a bachelor's degree in biological sciences with a minor in economics as well as a master's degree in food science. A “specialty occupation” is simply one where at least a US Bachelor’s degree (or foreign equivalent) in a specific discipline is required for the job. In order to qualify for an H-1B, you need to: Have at least a bachelor’s degree from a U. Bachelor degree for H1B Visa I have a 3 year bachelor degree in computers and a 2 year MBA from India. USCIS will specify a response time at the top of your RFE notice, which is not more than 12 weeks. In order to be granted an H1B visa, an employee must be qualified to work in a “specialty occupation. Do you want to get H1B Visa application approved without RFE? Then you have to read this article. H1B Recent Trends: The Wage Level 1 Conundrum. My manager was asked to provide the detailed JD and manager took care of that part but just asked me to map the courses/knowledge learnt from bachelors degree against each job duty. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. My work involves artificial. Candidates apply for the H1B Visa in the USA but face H1B rejection the main reasons behind that are lack of knowledge about H1B visa application process and H1B visa rejection reasons. Under USCIS regulations, there are four ways that an employer can prove a position is a “specialty occupation”: 1) a bachelor's or higher degree or its equivalent normally is the minimum requirement for the position; 2) the degree requirement is common to the industry, or the particular position is so complex or unique that it can be performed only by an individual with a degree; 3) the. Basically am a B. If the USCIS concludes that a given position is not in a specialty occupation, the employer's H-1B petition will be denied. This issue exists across the board and affects all fields of H1B employment. This RFE caught everyone off guard and we won’t know until RFEs come out for. The US Department of Homeland Security (DHS) announced a final rule for H1B visa applicants that will raise the probability of more US advanced degree holders filling the first wave of total available slots. Not exactly managerial material. I resigned and joined the new company on RFE. If the petitioner failed to do so, an RFE can be issued requesting the beneficiary qualification details. I just received an RFE on my OPT application. Employers are likely to see more scrutiny over petitions selecting Level 1 and. H1B Comprehensive Overview The H-1B visa category is a nonimmigrant visa classification that allows U. Spouses and/or unmarried children under the age of 21 may join the H-1B holder in the U. bachelor's degree or higher in the same field as the job offered. However, we discovered that he did not have a Bachelor's degree in the field of employment, a minimum requirement for the H1B Visa. In some cases, an applicant will have to explain how their degree is relevant to. While the Master's is still part of the Beneficiary's education, it does not meet the statutory requirement to be considered for the U. Here you find all the details. USCIS says that to prove specialty occupation RFE, you should have: A bachelor, masters or higher degree is required to perform the H1B job. 95% H1B Petition Success in past 12 months. H1b petition was filed in Premium processing, On day 14 I got an RFE. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. An RFE may be issued if the USCIS can not ascertain if your establishment is nationally accredited or if it is a general public or non-gain business. I am on H1B currently working as Software Engineering Manager. If a candidate's degree is not an exact match for their H1B job, CIS is likely to issue another RFE about that issue when you answer the first. S Master's Cap and therefore the regular H1B cap. bachelor’s or higher degree in the specialty occupation. The RFE continue to point out that based on information from the OOH, some employers require only a post-secondary certificate for the position selected (8) and therefore "a bachelor's degree in a specific specialty does not appear to be a minimum requirement". Candidates apply for the H1B Visa in the USA but face H1B rejection the main reasons behind that are lack of knowledge about H1B visa application process and H1B visa rejection reasons. A 4-year bachelor's degree from an accredited or recognized foreign university or college will generally be considered equivalent to a U. H1B Extn RFE speciality occupation - I have a Mechanical Engg degree and 13 years experience in IT. It won't make any difference to your case if anyone else has also received it or not. For the applicants who obtained their degree overseas, a H1B RFE may request proof of a foreign degree equivalent. The necessarily required documentation includes the Official school documents. c) that the employer normally requires a degree or its equivalent for the position or. POSITION: The position must be a specialty occupation which is defined as a position that “requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. This category also applies to a fashion model of distinguished merit or ability and workers with exceptional merit and ability relating to a Department of Defense research and. Each year, the Immigration Department uses the Department of Labor’s Career Manual to determine whether a position requires a bachelor’s degree. I won the H1B lottery last year. And likewise, at the other end of the spectrum, a Level IV wage would not necessarily reflect that an occupation qualifies as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor’s degree in a specific specialty or its equivalent. For an H1b, you must have a four-year degree or the equivalent. We were left with the H1B visa that would allow Mr. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and at least a Bachelor's Degree or the equivalent in the specific specialty (e. I resigned and joined the new company on RFE. In general, an H-1B visa is for a foreign worker coming to the US to temporarily perform services in a specialty occupation for a US employer. This brings us to the problem of singular degrees and specialization. The RFE continue to point out that based on information from the OOH, some employers require only a post-secondary certificate for the position selected (8) and therefore "a bachelor's degree in a specific specialty does not appear to be a minimum requirement". The H1B visa category is a nonimmigrant visa for employing foreign professionals in specialty occupations. H1B Visa Requests for Evidence (RFE) are on the Rise One of the ways that the Trump administration is setting up roadblocks in the H1B visa program is by increasing the number of Requests for Evidence (RFE) for H1B petitions. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment. An H1B RFE (Request for Evidence) is what USCIS sends out when they need additional information for processing your RFE case. H1B Visa Qualification To qualify for H1B Visa, the foreign professional must hold a bachelor's or higher degree from an accredited college or university in the specialty occupation. In order to qualify for an H-1B, you need to: Have at least a bachelor's degree from a U. institution. For a job to quality for H1B status, there must be a minimum requirement of a US bachelor’s degree or its equivalent to gain employment. H1b visa was approved on foreign bachelors degree, but the degree was revoked or rescinded by the school, what happens to the already approved H1b? can i continue working until the H1b expiration and also, would i be able to file extension of H1b in future?. Level 1 wage may not be feasible for entry level programming positions that require a bachelor’s degree. Just like the loss of manufacturing labor jobs to China and other 3rd world countries. attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a. Beneficiary qualifications. Sorry for the bad news. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. Receiving an H1B transfer denial can be devastating news, so it will be important to understand your options and what the denial means for your status in the US. I am a software engineer in silicon valley. Positions that qualify for an H1B visa have a minimum requirement of a bachelor's degree, and all sponsored applicants must have the relevant degree for the position. USCIS may question the specialty occupation when a petition is only qualified for level 1 wage. Bachelor Degree and 3 years of experience should result in a Level 3 prevailing wage. Market Research Analyst as a Specialty Occupation At the American Immigration Lawyers Association Conference today, we heard updates about the increased H1B visa RFE's and rate of denials. A transfer of H1B was filed by company B, but an RFE was raised asking me to prove that I had maintained my status. Getting a bachelor's degree will raise your average annual income to $68,190. USCIS is challenging whether an H-1B position requires a bachelor's degree or higher in a specific field related to the position (which is the minimum. If you are done with 1st masters OPT and wanna do 2nd masters you will not get OPT after 2nd masters. This category also applies to a fashion model of distinguished merit or ability and workers with exceptional merit and ability relating to a Department of Defense research and. The H-1B category is designed for what the Immigration and Nationality Act (INA) regards as "specialty occupations".