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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default H-1b RFE Over Specialty Occupation

    I'm a Canadian working for a mid-size commercial production company in Los Angeles, California. I have a bachelor's degree in Mass Communications from a Canadian university.

    We applied for an H-1B under the occupation of "Communications Specialist", which I think the lawyer connected with "Public Relations Specialist", and recently received an Request For Evidence (RFE), obviously relating to the definition of a "specialty occupation".

    I've done some research, in particular into appeals cases, and heard the consistent mantra that "it is not enough to go on the record without supporting evidence." I'm concerned that my lawyer won't acknowledge this, or is unwilling to be as thorough as possible.

    My question is (especially for anyone with experience with RFEs) -- how can I compile the most compelling case when I submit my response? I understand at the base level we should provide

    • an enhanced job description
    • degrees and pay stubs of any employees in the same position, past or present
    • letters from similar sized companies in the same industry, acknowledging that they require employees to have my same degree when doing the same position.
    • job postings from similar sized companies in similar industries, specifically requiring people with my degree for similar positions.



    Is there anything else we can/should submit to bolster my case?

    ALSO: my lawyer thinks it will be enough to simply have similar companies submit letters, but I'm worried this will be written off by USCIS as "going on the record without evidence" -- do I need a company brochure, and maybe copies of the diplomas, etc. of the employees they claim to have hired? Or at the very least, do they need to specifically name the people? I am very worried about this.

    And for job listings, I saw all the appeal cases thrown out because their wasn't sufficient evidence that the companies were in the same industry, or of a similar size. What can I submit alongside the postings that can corroborate this? Print outs from the company website? Press/corporate kits?

    Thanks so much for your help and wisdom, guys!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H-1b RFE Over Specialty Occupation

    You have a lawyer, so you will want to work with your lawyer on building your argument.

    You understand the "basic level". Part of the issue here may be in the job title - there's nothing in the titles you describe that inherently says, "Specialized knowledge required", and it's easy to contemplate contexts in which relatively unskilled individuals may have the same or similar job titles (with different duties) You may want to try to document the qualifications that other employers require of employees who perform similar tasks, whether through job ads, documentation such as job descriptions and from other companies' HR departments, or some similar source, even if their job title superficially suggests that they're in a different position, the qualifications above and beyond their degree (which you covered above) of any prior persons who have held this position with your prospective employer, etc.

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