H1 B denial

[pragya6]

Hi ,

We applied for H1 B for my husband (H4) who has B.com and Masters in computer management (M.C.M) degree with 10+years of experience, after 6 months his visa got denied because of the reasonno evidence candidate qualifies for a specialty occupation. The I-129 petition was denied;basically USCIS is denying the petition for lack of proof of specialty occupation. Specialty occupation means that the job requires at least a Bachelor’s degree or its equivalent. It is a common way for USCIS to deny a case. In this case they are saying there is no evidence candidate qualifies for a specialty occupation and may not have the required skills and degree required for such work. As such, they are denying the petition for lack of concrete evidence.

This reason is not convincing to me because I have same education and I am here on H1B.

Any suggestions or guidance?

[rahul412]

Hi ,

We applied for H1 B for my husband (H4) who has B.com and Masters in computer management (M.C.M) degree with 10+years of experience, after 6 months his visa got denied because of the reasonno evidence candidate qualifies for a specialty occupation. The I-129 petition was denied;basically USCIS is denying the petition for lack of proof of specialty occupation. Specialty occupation means that the job requires at least a Bachelor’s degree or its equivalent. It is a common way for USCIS to deny a case. In this case they are saying there is no evidence candidate qualifies for a specialty occupation and may not have the required skills and degree required for such work. As such, they are denying the petition for lack of concrete evidence.

This reason is not convincing to me because I have same education and I am here on H1B.

Any suggestions or guidance?

It also depends on what type of job he is applying for?

If the job req doesn't come under specialty occupation, then the petition can be rejected.

[pontevecchio]

They are possibly saying the job does not need meet the requirements. You could have him try next year with a different sponsor.

[Muhilan]

Pls try next year with a different sponsor.

[wiweq]

Contact Murthy, ask them about MTR. Recommend Murthy to your employer.