By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. In 2018, it dropped down to 62.3 percent. An RFE isn’t a denial, so don’t worry if you get one. Because the application lacks the required evidence, the USCIS issues a specialty occupation RFE. 703.348.8455, 6066 Leesburg Pike, Ste. If your employee or client has a job that is listed in the Department of Labor’s Occupational Outlook Handbook as usually but not always requiring this minimum advanced degree, you must provide additional evidence about the specific job in question. The more information you can provide your expert about the H-1B job the better the letter will be and the higher chance that you, or your employee or client will have of H-1B visa approval. 500, Falls Church, VA 22041, USCIS Eliminates 30 Day Work Authorization Processing Requirement for Asylum Applicants, USCIS Rule Strengthens Employment Eligibility Requirements for Asylum Seekers. An RFE is very likely if your position has an atypical title or if it doesn’t fit perfectly into an existing OOH category. 500, Falls Church, VA 22041  |  Disclaimer  |  Website by Zola Creative, H-1B RFE Rates Rise Again – Along with Approval Rates, 6066 Leesburg Pike, Ste. Being ready for a specialty occupation RFE and having a strategy on how you will tackle it could make all the difference. The long list of requirements for an H1B visa, including the “specialty occupation” requirement isn’t new. USCIS agents often reference the Occupational Outlook Handbook (OOH) as a source for whether a position is a specialty occupation. h1i140 0 ... Posted January 12, 2018. Along with this, an expert opinion letter is advised to lend authority and analysis to the additional evidence and documentation provided. H1B approvals after RFE in 2018 – 2019 703.348.8448  |  Fax. This has also led to a significant reduction in H1B RFE approval. The simple truth is specialty occupation RFE has been on the rise since the April 2017 Presidential Executive Order. In some situations, your answer will have to be based on legal doctrine. Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS’ illegal denials of H-1B visas. No cosigner required. https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/h-1B-quarterly-requests-for-evidence-2015-2019-Q1-top-30-employers.pdf One of the requirements to qualify for an H1B visa is you have to prove the position you will be taking up in the United States is a “specialty occupation”. The best way to beat an RFE is to prevent it. If the USCIS agent believes you haven’t provided sufficient evidence to prove this or they have specific questions that relate to your application, the USCIS will issue you with an RFE. The second quarter of FY2020 brought a slight increase in H-1B RFE rates to 35.8%, which is up 0.5% from FY2019’s second quarter. Now, petitions that do not have a complete itinerary of projects, clients, and client contact information are receiving employer-employee relationship issue RFEs. What does this mean for H-1B applicants and their sponsors? But this is nothing to be afraid of. The same expert opinion letter than can prevent or address the specialty occupation issue and can and should address any wage level issues anticipated. So, it’s crucial if you get a specialty occupation RFE to make sure you answer it correctly and strategically. Unfortunately, even though the purpose of an RFE should be to gather more evidence after a USCIS agent has properly considered your case, the USCIS also issues RFEs for more general reasons. H1B RFE Trends and Rate. Recommended Posts. Employers now must prove that there will be work for the H-1B employee throughout the duration of the H-1B visa period of three years. By h1i140, January 12, 2018 in H1B : General. USCIS is issuing more H1B RFEs than ever asking for proof of “ Specialty Occupation ” as per the latest data shared on Feb 22, 2019. USCIS agents don’t just consider whether the position is, in fact, a specialty occupation. Many of these denials were related to lack of proof for specialty occupations. In the last year, the number of RFE notices sent out to H1B applicants by USCIS skyrocketed. While 87.1% of initial petitions were approved in the second quarter of FY2020, only 68.2% of RFEs were overturned. Anticipate common RFEs. If a USCIS agent believes the typical OOH requirements are not similar to your position’s duties, they can issue an RFE. So, even if you show the position requires a bachelor’s degree, the bachelor’s degree that is required must still be in a specific field related to the position. When you apply for a visa, the USCIS has to determine whether your application and the information and documentation you provided prove you meet the visa requirements. It is a chance to re-argue your case to the USCIS. What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Services (USCIS) has been issuing. With an RFE is a chance your visa can be difficult for consulting firms, is. “ specialty occupation RFE to make sure you answer it correctly and strategically field related to the additional evidence documentation... What does this mean for H-1B applicants and their sponsors years ago ” ’... Long list of requirements for an H1B visa long list of requirements for an H1B,! 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2020 h1b rfe specialty occupation approval rate