H1B Extn Denial - Beneficiary Qualification

[h1btransfer123]

Beneficiary Qualification:
The beneficiary appears to be qualified for a specialty occupation in the field of Healthcare Management and Pharmacology. It is not evident from the document provided that the beneficiary is qualified for any other specialty occupation. Please submit additional evidence that clearly shows the beneficiary qualifies for a specialty occupation. Evidence must show how the beneficiary's degree in healthcare Management and Pharmacology qualifies her for the proffered position as a Business Analyst. If the degree(s) are not in a directly related field submit a statement detailing how the degree relates.

 

It appears that the beneficiary may be qualified to perform service in a specialty occupation through a combination education, specialized training and or work experience in areas related to the specialty. Submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the specialty at an accredited college or university, which has a program for granting such credit based on an individual training and/or work experience.

 

 

With the evaluation, the official must include a letter from the dean or provost of the official's affiliated educational institution, stating that the evaluating official has the authority to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational institution has a program for granting credit based on an individual's training and/or work experience.

 

 

If you want USCIS to make a determination on the equivalence of the beneficiary's work experience, provide documentation to demonstrate that

 

 

1) The beneficiary's work experience included the theoretical and practical application of specialized knowledge require the specialty.

2) The claimed experience was gained while peers, supervisors and/or subordinates who have 

a degree or equivalent in the specialty; and

 

 

3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation such as

 

 

   a)  Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupations;

 

 

  b) Membership in a recognized foreign or US association or society in the specialty location.

 

 

  c) Published material by or about the alien in professional publications etc.

 

 

 

 

My queries 

 

 

1) Is this a common RFE or a complicated one, and what the possibilities for the approval are ?

3) Do I Case re-open or Refile new petition ?

[User099]

16 hours ago, h1btransfer123 said:

Evidence must show how the beneficiary's degree in healthcare Management and Pharmacology qualifies her for the proffered position as a Business Analyst

Read this statement. If the position offered is in the area of Healthcare management and Pharmacology then its easy to relate them. But if your position is in Information Technology, then hopefully you have something else in your education background to show that you qualify for this position as BA.

If you re-open you will need enough evidence to relate you education to the Job offered to you.

If you refile, you are just taking one more blind shot at it and hoping the CO doesnt catch it this time. 

[gopalakrishnach]

RFE must be handled by employer. RFE clearly says about speciality occupation.

[h1btransfer123]

Can someone please help answering the below questions ??

1) Is this a common RFE or a complicated one, and what are the approval rates ?

3) Do I Case re-open or Refile new petition ?

 

[JoeF]

Why don't you discuss this with your employer and his lawyer?

[gopalakrishnach]

On 10/11/2019 at 11:06 AM, h1btransfer123 said:

Can someone please help answering the below questions ??

1) Is this a common RFE or a complicated one, and what are the approval rates ?

3) Do I Case re-open or Refile new petition ?

 

Why do you care whether it is common or critical RFE. This is general RFE and it seems valid RFE now a days. Its simple. It is RFE about speciality occupation. Regarding approval rates w do not have any magical formula and give a pin-point answers to your question. There are no magical genies to answer such questions.

Why don't you discuss with your employer and more over they need to take care of it. You cannot get it solved n your own.