H1B Denial

[nairanjali16]

Hello

My H1B recently got denied because the USCIS believes my job position is not a "specialty occupation" based on the job description we provided. Is a motion to reopen or reconsider a possible option? I wouldn't want to go down the "appeal" route since I've read they usually stick to the original decision in case of an appeal. 

Thanks

Regards,

Anjali

 

[JoeF]

A motion to reopen would only make sense if there is new evidence that they didn't consider in their decision. The employer can't just change the job description, because that would mean the original petition was fraudulent. So, what new evidence would there be???

Realistically, the only option is to find a better employer with a better job.