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H-1B Request for Evidence... Please helpp.........

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  • H-1B Request for Evidence... Please helpp.........

    First time filing, I got an RFE. Kind of simple questions, but tricky. I am not sure if I should really worry or not, but I need help, advices, and inputs from you guys.

    Here are the RFE questions:
    The RFE questions are:

    POSITION REQUIREMENTS: Submit the following evidence to establish that the proffered position qualifies as a specialty occupation:

    1. POSITION ANNOUNCEMENT: To support the petitioner's contention that the position is a "specialty occupation", provide copies of the petitioner's present and past job vacancy announcement. The petitioner may also provide classified advertisements soliciting for the current position, showing that the petitioner requires its applicants to have a minimum of a baccalaureate or higher degree or its equivalents.
    - FACT: It was based on word of mouth. I was referred by colleague, I had an interview twice with the company, and HIRED.

    2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the petitioner has a past practice of hiring person with a baccalaureate degree or higher to perform the duties of the proferred position. Indicate the number of persons employed in similar positions. Further, indicate how many of those persons have a baccalaureate degree or higher and the particular field of study in which the degree was attained.
    Company never hired a programmer before. Now, due to business expansion and nature of the company, my boss decided to hire a programmer to help him develop some kind of business application for internal and possibly for business also. So, basically this is the first time the company hired a computer guy.

    - What are the best possible answers to those questions above?? Please helpp.... I need a strong argument to overcome those questions.
    - What do you think about those questions? hard/bad sign, etc.? Will these be the last questions? If we can satisfy all above, does it mean my petition will be approved? How long will it take? Please help................. Please help..........

  • #2
    First time filing, I got an RFE. Kind of simple questions, but tricky. I am not sure if I should really worry or not, but I need help, advices, and inputs from you guys.

    Here are the RFE questions:
    The RFE questions are:

    POSITION REQUIREMENTS: Submit the following evidence to establish that the proffered position qualifies as a specialty occupation:

    1. POSITION ANNOUNCEMENT: To support the petitioner's contention that the position is a "specialty occupation", provide copies of the petitioner's present and past job vacancy announcement. The petitioner may also provide classified advertisements soliciting for the current position, showing that the petitioner requires its applicants to have a minimum of a baccalaureate or higher degree or its equivalents.
    - FACT: It was based on word of mouth. I was referred by colleague, I had an interview twice with the company, and HIRED.

    2. PAST EMPLOYMENT PRACITICES: Provide evidence to establish that the petitioner has a past practice of hiring person with a baccalaureate degree or higher to perform the duties of the proferred position. Indicate the number of persons employed in similar positions. Further, indicate how many of those persons have a baccalaureate degree or higher and the particular field of study in which the degree was attained.
    Company never hired a programmer before. Now, due to business expansion and nature of the company, my boss decided to hire a programmer to help him develop some kind of business application for internal and possibly for business also. So, basically this is the first time the company hired a computer guy.

    - What are the best possible answers to those questions above?? Please helpp.... I need a strong argument to overcome those questions.
    - What do you think about those questions? hard/bad sign, etc.? Will these be the last questions? If we can satisfy all above, does it mean my petition will be approved? How long will it take? Please help................. Please help..........

    Comment


    • #3
      Wow! Interesting RFE, especially the position announcement section. First of all, programmers are not necessarily an H-1B specialty occupation position, in that, depending on the job description, anyone who takes a few programming courses could possibly do the job. So, perhaps the job description on the H-1B petition was not as detailed and was too generic (which is what may have triggered the RFE).

      As to POSITION ANNOUNCEMENT: Have the head of the company write an affidavit stating that, due to business expansion, they want to hire a programmer. Go on describing in detail the duties of the programmer (again, if these are too general, USCIS will think this is not a specialty occupation ideal for H-1B status). The affidavit should also mention that the company did not advertise about this position and that you were interviewed by internal referral.

      2. PAST EMPLOYMENT PRACTICES: Again, the same affidavit above should also explain that this is the first time the company is hiring a programmer, thus there has been no prior recruitment of programmers. Again, stress how the job description closely relates to the skills that one can only gain by possessing a bachelor's degree or above.

      When drafting H-1B petitions for jobs that may or may not be specialty occupations (those that can be performed by someone with at least a bachelor's or equivalent), the hardest part is to come up with a job description that is not too generic (one that anyone could do).

      The next question you may get from USCIS is why they want you (a foreign worker) and not one of the thousands of unemployed U.S. programmers out there (I've seen an RFE like this, so this could happen). The RFE you got is very much in line with the RFEs that USCIS has been issuing lately. Also remember that there is an indication the H-1B cap will be reached sometime in February (or even January), so USCIS is very nitpicky about all H-1Bs.

      Is this RFE a bad sign? Not necessarily. Again, this is a reason why H-1Bs are better done by attorneys. If the Immigration Officer is satisfied with your response, then you will get approved. If not, you'll get another RFE or possibly a denial. If you get a denial, you may file a Motion to Reopen and offer evidence. It is very difficult to know how long it will take. It also depends if you filed regularly or premium processing. Good luck and keep us posted.

      Comment

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