What if you get H-1B Request For Evidence(RFE)?
What happens when you receive a H-1B Request for Evidence (RFE) letter from the U.S. Citizenship and Immigration Services (USCIS)? The answer is submitting an H1B expert opinion letter. One should remember it is not a denial from USCIS if you receive a request for evidence (RFE) letter. It does not mean that your USCIS petition is denied. It can be taken positive that your petition is being considered and has been under carefully monitoring.
What is the purpose of an expert opinion letter?
For the expert opinion letter, an employer who makes the petition can seek an opinion letter from an expert. This is usually done from a college/university professor to evaluate the position. Specifically, in response to RFE regarding if an offered position qualifies as a specialty occupation. Also, the expert will opine whether the job responsibilities require a US equivalent bachelor’s degree in the related field.
Most likely, the expert will ask for a description of the offered position. Also, the information about the H1B employer so that the expert can then evaluate the position. In such a way, s/he can offer an opinion regarding the educational requirements of the position. If the expert agrees for the position requires at least a bachelor’s equivalent degree in a related field. Then, the employer may submit the H1B expert opinion letter to USCIS that the position is a specialty occupation. Thus, the H1B expert opinion letter can be favorable to the USCIS. This is toward overcoming concerns about position meeting the H1B specialty occupation requirement.
USCIS strike on Expert Opinion Letter
Here listed one or more of the following factors that the USCIS has been dismissing expert opinion letter.
- The expert did not have sufficient knowledge of the beneficiary’s job to provide an accurate evaluation.
- The expert opinion was limited to the information provided by the petitioner. The is due to the insufficient job description to establish the details of the position.
- The expert has not done the research that was used as a basis for the conclusion that the position is a specialty occupation.
- The expert opinion is not in line with the other information on the record.
The scenario on Specialty Occupation
As we have understood, for an employer of the company to obtain approval for an H1 B petition, the position offered should be a specialty occupation. It is very important to know the definition of the specialty occupation which is 1) Occupation of highly specialized knowledge both in theory and practical application. 2) Attainment of at least a bachelor’s degree in a specific specialty (or equivalent) as a minimum requirement.
To summarize, the USCIS is very particular that a position indicated in an H1B petition qualifies as a specialty occupation. The USCIS officers have been routinely demonstrated that the experts while opine expert opinion letters cannot show their casual attitudes. This is because the job duties being considered as a specialty occupation.
So, contact International Evaluations at our office or submit an online inquiry for the H1B expert opinion letter from our website. You can get a consultation from us today.