Re: RFE from USCIS regarding H1B; is this good sign or bad sign? This company has never issued any H1B before.

BKCHO

By BKCHO,
in H1B : H-4 Issues

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BKCHO Newbie

BKCHO

Posted
Posted

job Description: Provide a more detailed

beneficiary for the entire requested period of job duty, level of responsibility, hours work, and the minimum education, training, and experience to do the job,explain why the work to be perform-ed requires the services of a person who has a college degree or its equivalent in the occupational field.

Additionally,if the beneficiary will supervise or director others, submit a copy of a line-and-block

organizational chart petitioner's hierarchy and staffing levels.

All divisions in the company' Clearly identify the proffered position in the chart. Also", show the names and job titles for those persons' if any, whose work will come under the control of the proposed position. Indicate who win direct the beneficiary, by name and job title.

e standards for a specialty occupation Position: In order to qualify as a specialty occupation, the position must meet one or more of the following standard:

1) Baccalaureateo-r higher degree or its equivalent is normally the minimum

requirement for entry into the particular position; or that

2) the degree requirement is common to the industry in parallel positions among

similar organizations (i.e., organizations with I employees) or, in the alternative,

an employer may show that its particular position ii so complex or unique so it

can be performed only by an individual with a degree; or that

3) the employer normally requires a degree or its equivalent for the position; or that

the nature of the specific duties are so specialized and complex that knowledge

required to perform the duties is usualy associated with the attainment of a baccalaureatoer higher degree.

Page 3

The following is a discussion of the four criteria for a position to qualify as a specialty occupation; why

the position presently does not appear to qualify; and/or additional requested documentation to submit

in support of the petition;

1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for

entry into the particular position;

The Occupational outlook Handbook (OOH), 2010- 1I edition (a publication of the United States

Department of Labor), indicates that a Purchasing Manager is an occupation that does not require a

baccalaureatele vel of education in a specific specialty as a normal, minimum for entry into the

occupation. There is no clear standard for how one prepares for a career as a Purchasing Manager

and no requirement for a degree in a specific specialty. The requirements appear to vary by

employer as to what course of study might be appropriate or preferred. As a result, the proffered position cannot be considered to have met this criterion.

Therefore, provide additional evidence to establish that the proffered position qualifies under one

or more of the remaining three criteria:

2) the degree requirement is common to the industry in parallel positions among similar

orgarnizations (i.e., organizations with 9 employees) or, in the alternative, an employer may

show that is particular position is so complex or unique that it can be performed only by an

individual with a degree;

Position: Provide evidence that the position of purchasing Manager is a common position

required by similarly sized offices with similar annual incomes. Also provide evidence that the

petitioner's competitors normally require degrees in a specific specialty for closely related

positions to that of Purchasing Manager.

o lob Listings: provide evidence to establish a degree requirement is common to the industry in

parallel positions among similar organizations. Evidence may include job listings or

advertisements. However, the job listings must clearly show that the employers who

published the job announcements are similar to the petitioner's organization. More

importantly, the listings must clearly show the specific educational background required to

perform the duties of the proffered position.

o Industry-related professional association: Documentation may be submitted to show that an

industry-related professional association has made a bachelor's degree in a specific specialty a

requirement for entry into the field.

Provide the minimum requirements and criteria used to apply for membership in the

association in which the beneficiary claims membership. Also, include evidence that lists the

number of current members, the held by the association in the international community

and in the academic field, and any other conditions or requirements for membership.

o Firms or Individuals in the Industry: Provide letters or affidavits from firms or individuals in the industry that attest that such firms routinely employee and recruit only degree individuals in a specific specialty; or copies of lob announcement of similar organizations as the petitioner.

Also, provide the following:

3)

1. The writer's qualifications as an expert;

2. The writer's experience giving such opinions, citing specific instances where

past opinions have been accepted as authoritative and by whom;

3. How the conclusions were reached: and

+. The basis for the conclusions supported by copies or citations of any research

material used.

the employer requires a degree or its equivalent for the position;

o Position Announcement: To support the petitioner's contention that the position is a

"specialty occupation," provide copies of the petitioner's present and past job vacancy

announcements. The petitioner may also provide classified advertisements soliciting for the

current position, showing that the petitioner requires its applicants to have a minimum of a

baccalaureateo higher degree or equivalent in a specific specialty.

o Past Employment Practices: provide evidence to establish that the petitioner has a past practice

of hiring person with a baccalaureate degree,or higher in a specific specialty, to perform the

duties of the proffered position. Indicate the number of persons employed in similar

positions. Further, submit documentation to establish how many of those persons have a

baccalaureate degree or higher and the particular field of study in which the degree was

attained. Documentation should include copies of transcripts and pay records or Quarterly

Wage Report or the employee's claimed to hold a baccalaureated degree in the specific field of

study.

o Petitioner's Products or Services: Explain what differentiates the petitioner's products or

services from others in the industry and why it requires a baccalaureate level of study to

perform the duties of the position. provide documentary examples of the petitioner's products

or services (i."., copies of: business plans, reports, presentations, evaluations,

recommendations, critical reviews, promotional materials, designs, blueprints, newspaper

articles,web-site text, news copy, photographs of prototypes,etc.), in order to establish the

petitioner's claims that it normally requires a degree in a specific specialty to perform the

proposed duties.

the nature of the specific duties are so specialized and complex that knowledge required to

perform the duties is usually associated with the attainment of a baccalaureate or higher

degree in a specific specialty.

As discussed in the Occupational Outlook Handbook there is no clear standard for how one prepares

for a career in the profered position and no requirement for a degree in a specific specialty. The

requirements appear to vary by employer as to what course .of study might be appropriate or

preferred. Merely performing the normal duties of a position that does not routinely require a

baccalaureate degree in a specific specialty does not establish that the duties are specialize and

complex even if the beneficiary has a degree in a field of study related to the occupation - every

college graduate does not qualify as a member of a specialty occupation.

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kakamunna Newbie

kakamunna

Posted
Posted

Hi BKCHO,

I've got same RFE. Could you please tell me what was result? If it's possible could you please send me sample documents for evidence.

Thanks

Hi BKCHO,

It been almost a year you posted this topic on this forum. I have received the same RFE for my H1 B Transfer. how did you reply to this RFE. If you can provide your answers that will be helpfull. Thanks

Hi erayk,

I also received the same RFE? Did you get a response?

Chintu

what is your rfe? do you have rfe of a specialty occupation? please share your experience

Hi Everyone,

I also received the similar RFE: -

Submit evidence showing that:-

* A baccalaureate or higher degree, or its equivalent, in a specific field of study is normally the minimum requirement for entry into the particular position; or

* The proffered position is so complex or unique that it can be performed only by an individual with a degree in a specific field of study; or

* In your company or industry , a baccalaureate degree in a specific field of study is a standard minimum requirement for the job offered. Attestations to industry standards must be for similar positions among similarly situated companies; or

* The nature of the specific duties for the proffered position are so specialized and complex that the knowledge required to perform the duties is usually associated with the attachment of a baccalaureate or higher degree in a specific field of study.

Can please someone share their experience and what documents they have send to proof the RFE .... please please

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yobayer Member

yobayer

Posted
Posted

 

Hi all,

I got same rfe. Please let me know did you guys got approval and what kind of documents you provided.

 

 

Evidence pertaining to the proffered position: In order to qualify as a specialty occupation, the position must meet one or more of the following standard:

1) Baccalaureateo-r higher degree or its equivalent is normally the minimum

requirement for entry into the particular position; or that

2) the degree requirement is common to the industry in parallel positions among

similar organizations (i.e., organizations with I employees) or, in the alternative,

an employer may show that its particular position ii so complex or unique so it

can be performed only by an individual with a degree; or that

3) the employer normally requires a degree or its equivalent for the position; or that

the nature of the specific duties are so specialized and complex that knowledge

required to perform the duties is usualy associated with the attainment of a baccalaureatoer higher degree.

Page 3

The following is a discussion of the four criteria for a position to qualify as a specialty occupation; why

the position presently does not appear to qualify; and/or additional requested documentation to submit

in support of the petition;

1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for

entry into the particular position;

The Occupational outlook Handbook (OOH), 2010- 1I edition (a publication of the United States

Department of Labor), indicates that a Purchasing Manager is an occupation that does not require a

baccalaureatele vel of education in a specific specialty as a normal, minimum for entry into the

occupation. There is no clear standard for how one prepares for a career as a Purchasing Manager

and no requirement for a degree in a specific specialty. The requirements appear to vary by

employer as to what course of study might be appropriate or preferred. As a result, the proffered position cannot be considered to have met this criterion.

Therefore, provide additional evidence to establish that the proffered position qualifies under one

or more of the remaining three criteria:

2) the degree requirement is common to the industry in parallel positions among similar

orgarnizations (i.e., organizations with 9 employees) or, in the alternative, an employer may

show that is particular position is so complex or unique that it can be performed only by an

individual with a degree;

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