2013 H-1B RFE: Beneficiary Qualifications

[manjubathi]

Hi all,

Received an RFE on my H1B Petition for: BENEFICIARY

QUALIFICATIONS:

"It appears that the beneficiary may be qualified to perform

services in a specialtity occupation through a combination of

eductaion, specialzed trainign and/or work experience in areas

related to the speciality, Please submit an evaluation from an

official who has the authority to grant college-level cedirt for

traning and/or experience in the speciality 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 instituion,

stating that the evaluating official has the authority to grant

college-level credit for training and/or experience. the deam or

provost must also state in the letter whether the affiliated

educational institution has a program for granting credit based

on an individual's traning and/or work experience.

If you wish USCIS to make a determination on the equivalence

of the beneficiary's work experience, provide documentation to

demostrate that:

1. The beneficiary's work experience included the theoretical

and practical application of specialized knowledge required by

the speciality;

2. The claimed experience was gained while wokring with

peers, supervisors, and/or subordinates who hve a degree or

equivalent in the speciality; and

3. The beneficiary has recognition of expertise in the speciality

evidenced by at least one type of documentation such as;

(A) Recognition of expertise in the speciality occupation by

atleast two recognized authorities in the same speciality

occupation;

(B) Membership in a recognized foreign or US association or

society in the speciality occupation.

© Published material by or about the alien in professional

publications, trade journals, or major newspapers;

(D) Licensure or registration to practice the speciality

occupation in a foreign country: or

(E) Achievement that a recognized authority has determined to

be significant contributions to the field of the speciality

occupation.

Documentation should be submitted to support the evaluation,

such a letter from peers, supervisors and/or subordinates who

worked with the beneficiary and can attest to his claimed

experience, awards issued to the beneficiary; license or

registration of the beneficiary to practice the speciality

occupation etc."

Please reply what is the best way to respond to this kind of

RFE.

Is it just referrring to educational evaluations? or something

else too?

What are the documents or evaluations to be sent? Where can

I get the evaluation done?

Is this a common RFE or too complicated?

What are the possibilities of approval?

I would appreciate all sort of replies and help. I should respond

by Sep 23, 2013.

Thanks

Manju

 

 

 

[JoeF]

Does the employer have a lawyer? If not, they should get one.

Immigration lawyers know about education evaluations.