Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others

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The Specialty Occupation RFE has become the new nightmare facing H-1B beneficiaries, their sponsors, and their lawyers. They can be answered successfully with the inclusion of an expert opinion letter, but this does not always work.

There are two reasons why:

1. The letter is lacking in detail. USCIS requires a very detailed letter with a breakdown of the daily duties and responsibilities of the job and how specialized knowledge and skills are required to carry them out. They need to understand this position and its educational requirements within the broader context of the industry, and they need to know all of the factors that went into setting the wage level. A detailed expert opinion letter can only accomplish this if you provide said expert with as many details as possible. USCIS needs to know absolutely everything.

2. The expert lacks field experience. Every expert we work with at CCI TheDegreePeople.com has extensive experience working in their field of expertise. While some of our experts are professors in that field, they also work directly in the field. Teaching about the field is not good enough for USCIS to consider someone an expert – they must WORK IN THE FIELD beyond simply teaching it, and have extensive field experience and respect within the field of specialization. When the right expert writes a detailed letter, the Specialty Occupation RFE is overturned and the visa is approved. When the WRONG expert writes it, even if the letter is detailed, USCIS denies the visa.

Make sure you work with the RIGHT expert this RFE season. We have the right kind of experts on hand in every field ready to help you get that RFE overturned. Your job is to provide the details, and their job is to lend their authority to strengthen your case and get that RFE overturned. For a free review of your case, visit ccifree.com/?CodeLWA/. We will get back to you in 48 hours or less.


About The Author

Sheila Danzig is an experienced foreign credential evaluator whose focus on dynamic response to USCIS trends has put her at the cutting edge of evaluation today. As Executive Director of Career Consulting International (CCI), Florida, since 2002, she has worked closely with immigration attorneys to assist with highly demanding credential-related matters, including Referrals for Evidence, Denials and Administrative Appeals Office proceedings. CCI has become known for its expert advocacy in many thousands of immigration cases, evolving new techniques and strategies to respond to the constantly-changing interpretations of USCIS and drawing on its own specialist research into international credentials and their equivalencies. Dr Danzig was educated at Hunter College, NY (BA), the Institute of Transpersonal Psychology (MA) and the Universidad Empresarial de Costa Rica (EdD). At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical. Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com/?CodeLWA/ and we will get back to you in 48 hours or less.