Too many h1b denials happening... even its FTE or EVC model

[Beer_baba]

5 minutes ago, Bitcoin_Baba said:

Not sure bhayya, nee role assalu specialty occupation kindha ela vasthadhi, why it needs only a foreign worker with H1-B anukunta and aa role ki nuvve endhuku why not a local person with regular degree can do it emo vaadi intention

oka FTE athanu transfer petkunte same nee role ela vastadi speciality occupation kindha deny chesaru anta....  50% rejection rate vachevaraku chesthune untaremo...

[Biskot]

2 minutes ago, Beer_baba said:

oka FTE athanu transfer petkunte same nee role ela vastadi speciality occupation kindha deny chesaru anta....  50% rejection rate vachevaraku chesthune untaremo...

 

[futureofandhra]

Just now, Veeraveera said:

One of my colleague an alumi of great silicon valley univ got h1b extension approved without an RFE for three years. 

On other end another colleague who graduated from public university in Texas was denied extension. The reasons they mentioned in denial was that work his not speciality occupation. 

He left USA next morning. Since i94 was expiring in 3 days.

 

Its unpredictable man. Btw, both of their applications went to same  vermont servicing center. 

Asalu speciality occupation antey enti

[Bitcoin_Baba]

2 minutes ago, futureofandhra said:

Asalu speciality occupation antey enti

What is a “specialty occupation?”

Introduction
The immigration law defines a specialty occupation as one that requires the attainment of a Bachelor’s or higher degree – or its equivalent – in a specialized field. If the USCIS concludes that a given position is not in a specialty occupation, the employer’s H-1B petition will be denied.

Over the last several years, the USCIS has been interpreting the specialty occupation requirement more and more narrowly. As a consequence, H-1B petitions are taking longer to process, and more are being denied. According to a study by the National Foundation for American Policy (NFAP), 26% of all H-1B petitions filed in FY 2011 generated Requests for Evidence (RFEs). An RFE can result in months of delays, and if not properly addressed, it could set the stage for a later denial.

The most common request we see in our practice is for more evidence proving that the foreign national’s position meets the definition of a “specialty occupation”. According to law, there are four ways to show that a position can be classified as a specialty occupation. In today’s climate, each may be challenging in its own way.


Standards of Proof
The first way to convince USCIS that a job is in a specialty occupation is to prove that a Bachelor’s or higher degree in a closely related field is normally the minimum requirement for entry into the field. This conclusion largely depends on the qualifications detailed in the Department of Labor’s Occupational Outlook Handbook (OOH) for an occupation with the specified job duties.

Often, and especially in emerging fields, there is no information in the OOH on the occupation outlined in the employer’s job description. Moreover, there are only a few occupations where the OOH states unequivocally that a Bachelor’s degree in a specific field is absolutely required. When the OOH is less than absolute, USCIS is likely to focus on the possibility that a specific degree is NOT required in all cases.

The second way to prove that a job is in a specialty occupation is to show that the duties are so complex or unique that a degree in a relevant field is required. This method requires a highly detailed job description and in-depth information about the employer. Although the legal standard is “a preponderance of the evidence” (also known as “more likely than not”), it is not uncommon for the USCIS to issue an RFE effectively asking an employer to present an airtight case.

A third way to prove that a position is in a specialty occupation is to show that a degree requirement in a relevant field is common in the industry in parallel positions among similar organizations. Over the past several years, USCIS has been interpreting this wording more and more strictly. The word “requirement” is typically construed as an absolute requirement. However, job listings frequently use words that are less than absolute. For instance, “Bachelor’s degree in computer science strongly preferred” is generally not convincing enough for USCIS.

The words “industry” “parallel” and “similar” are also being applied very narrowly by USCIS. If the job is unique or in a new field, it can be very hard to find job listings that the USCIS will see as parallel. An RFE will often state that information on parallel positions must come from employers of the same size in the same narrow business domain. A small employer or one in a unique industry will face a major challenge here.

The last way to prove that a position is in a specialty occupation is for the petitioning employer to show that his or her firm normally requires a Bachelor’s degree for that kind of position. Meeting this standard is far easier for a larger employer than for a small one. Even then, an employer may not have anyone else in the organization with exactly the same job duties, or may have a mix of workers with and without related Bachelor’s degrees.

There are still some lines of work that are generally viewed as specialty occupations requiring at least a Bachelor’s degree for entry. Most accounting, programming, systems analysis, graphic design, teaching and pharmacist positions fall in this category. RFEs are less common for these kinds of positions, but not entirely unknown.


Conclusion
While the USCIS may be denying more H-1B cases these days, we have been able to help many employers overcome RFEs. Despite the challenges, most employers find that the benefits of adding a talented H-1B professional to their staff are worth the time and effort required to gain approval.

[Bitcoin_Baba]

4 minutes ago, futureofandhra said:

Asalu speciality occupation antey enti

Specialty Occupation – Does H1B petition really qualify for this ?

The H-1B nonimmigrant classification is available for an alien to perform services in a “specialty occupation.” To qualify as a specialty occupation, the position must meet one of the following requirements:

(1) a bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position; (2) the degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree; (3) the employer normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor’s or higher degree. See 8 CFR 214.2(h)(4)(iii)(A).

Although the regulations are specific regarding the criteria for determining what qualifies as a specialty occupation, approval or denial often comes down to a judgment call by the adjudicating officer. The DOL’s Occupational Outlook Handbook is often consulted to determine whether the position offered qualifies as a specialty occupation.  The adjudicating officer will not look at the job title alone, but instead consider all the facts surrounding the petition like :

• The beneficiary’s education and work experience
•  The nature of the petitioner’s business
•  Industry practice
• Salary (both offered to the beneficiary and typical for the industry).

RFEs will often request a more detailed job description, documentation of other workers in the same company who also hold at least a bachelor’s degree in a specific field, job vacancy announcements used for the offered position, etc.

[Bitcoin_Baba]

4 minutes ago, futureofandhra said:

Asalu speciality occupation antey enti

choodadaniki simple ga educational background a kada annattu untadhi, but you need to establish strong reason why that job needs a bachelor degree only or what ever the education required as mentioned. And why only H1-B, local aa chaduv chaduvkunna vallu or similar educational back ground vallu cheyyalera ani aduguthunnadu. Attorneys ki kooda ardham kaatle adhi pakkaga answer cheyyadam, so no one knows ippatiki aithe

[soodhilodaaram]

8 minutes ago, futureofandhra said:

Asalu speciality occupation antey enti

use this a reference

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-3422/0-0-0-3751.html

job requires one to have a degree in the area of work, job requirement ee ala undaali..next is how suitable you are for that position based on your educational credentials

every 3 yrs of experience in a particular field is treated as 1 yr of academic credential by u cee yes, if you have non IT degree but have 12 yrs experience in IT, you are as good as US Bachelor's degree holder

[soodhilodaaram]

2 minutes ago, Bitcoin_Baba said:

choodadaniki simple ga educational background a kada annattu untadhi, but you need to establish strong reason why that job needs a bachelor degree only or what ever the education required as mentioned. And why only H1-B, local aa chaduv chaduvkunna vallu or similar educational back ground vallu cheyyalera ani aduguthunnadu. Attorneys ki kooda ardham kaatle adhi pakkaga answer cheyyadam, so no one knows ippatiki aithe

some attorneys are proving it by showing the job requirements which match with the petitioners credentials and trying to prove there is shortage/requires bachelors degree

salary pays a key role in explaining that position is SO, so folks stops taking per diems etc to underinflate your income

show everything in W2 as income if someone is still doing that bambai

[American_boy]

I got RFE and approved Vermont center.Specialty occupation and  employer-employee relationship.  I have very very long chain. EVVV(implementing patner)C. 
packet receive ayina same day ne approve ayindi.  this happened in last week. 

[Bitcoin_Baba]

1 minute ago, soodhilodaaram said:

some attorneys are proving it by showing the job requirements which match with the petitioners credentials and trying to prove there is shortage/requires bachelors degree

May be some cases, but nenu recent ga choosina 3 denials same specialty occupation and denial reason kooda nee coding skills, java scripts, sql knowledge veetiki dheniki bachelors degree avasaram ledhu ani pampadu oka friend ki, which is true assalu IT lo skill set ki experience and some associates degree unna manage cheyyagalaru . E below case choodu

 

http://forum.murthy.com/topic/118296-h1b-extension-got-rejected-and-i-94-expiring-on-aug20/

[Bitcoin_Baba]

3 minutes ago, American_boy said:

I got RFE and approved Vermont center.Specialty occupation and  employer-employee relationship.  I have very very long chain. EVVV(implementing patner)C. 
packet receive ayina same day ne approve ayindi.  this happened in last week. 

Super bro, em submit chesaru docs and if possible can you let me know the attorney you worked with? Colleague okathanu same RFE ochindhi last week. It might be useful for him. IM me if you cannot reply here

[American_boy]

40 minutes ago, Veeraveera said:

Congrats. Do you have  your degree in computer science? That's makes things simple. 

Thanks, Yes bachelors and Masters in CS.

[astalavistaa]

I know few TCS employees who denied extensions. they had to leave country. it was rare for TCS until now 

[astalavistaa]

same with CTC, CapG, Syntel, Cisco etc.  

[soodhilodaaram]

1 hour ago, Bitcoin_Baba said:

May be some cases, but nenu recent ga choosina 3 denials same specialty occupation and denial reason kooda nee coding skills, java scripts, sql knowledge veetiki dheniki bachelors degree avasaram ledhu ani pampadu oka friend ki, which is true assalu IT lo skill set ki experience and some associates degree unna manage cheyyagalaru . E below case choodu

 

http://forum.murthy.com/topic/118296-h1b-extension-got-rejected-and-i-94-expiring-on-aug20/

problem entante even simple vaatini koda complicated ga present cheyali

JavaScript ante andariki vachemo, Javascript to Business domain functionality build chesa is something diff than JaVascript

 

presentation of you skills in advanced and explanatory yet maintaining simple layman language is the key to make them belive that job is indeed advanced

JD ki chaala time spend cheyali, i think most are doing mistake here