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HOW SPECIAL IS SPECIAL? CHALLENGES TO H-1B SPECIALTY OCCUPATION CLASSIFICATION

23:28 15 December in LAC Blog
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HOW SPECIAL IS SPECIAL? CHALLENGES TO H-1B SPECIALTY OCCUPATION CLASSIFICATION
By Fausta Albi and Lisa Baker Jones
With
AFM PRACTICE POINTERS TO AVOID H-1B REQUESTS FOR EVIDENCE
By Victoria Duong

When the USCIS (or “Service”) issues a Request for Evidence challenging whether the H-1B position is indeed a “specialty occupation,” the RFE almost always contains language many practitioners are now intimately familiar with: Specialty Occupation means an occupation which requires the theoretical and practical application of a body of highly specialized knowledge and which requires the attainment of a baccalaureate or higher degree or its equivalent, in a specific specialty, as a minimum, for entry into the occupation in the United States[1]. Circular definition notwithstanding, we understand the challenges inherent in responding to these RFEs, especially for Market Research Analysts, Marketing Managers, Technical Sales Engineers, Computer Systems Analysts and Web Designers.  Please click here for full story.

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