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I received an RFE to prove that the proffered position is in fact a "specialty occupation" position. Could someone share a sample document to help me prepare a response. The email i received was from my employer's Immigration department asked for 4 details. I will list them below:

  1. Position Description: Provide a more detailed description of the work to be performed by the Beneficiary for the entire requested period of validity. Include specific job duties, the percentage of time to be spent on each duty, level of responsibility, hours per week of work, and the minimum education, training, and experience necessary to do the job. Also, explain why the work to be performed requires the services of a person who has a college degree or its equivalent in the occupational field. 
  2. Industry-Wide Job Postings: Provide evidence to establish a degree requirement is common to the industry in parallel positions among similar organizations. Evidence may include job listings or advertisements from company’s similar to your own. However, the job listings must clearly show that the employers who published the job announcements are similar to the petitioner’s organization. More importantly, the listings must clearly show the specific educational background required to perform the duties of the proffered position.
  3. Petitioner’s Position Announcements: Copies of the petitioner’s present and past job vacancy announcements  for the proffered position listed above or similar positions with the company, specifically outlining the requirements, both academic and professional. Please provide any more up-to-date announcements than we presently have on record.
  4. Employees in Same or Similar Positions: Provide a list of current or previous employees holding the proffered role listed above (or similar positions) with your company.  Submit documentation to establish how many of these employees held a Bachelor’s degree, or higher, and the particular field of study in which the degree was attained.
Just to add to details, i have a Bachelor of Engineering in electronics and the proffered position is in IT, although i have few days less than 5 yrs of experience in IT.
Any help is highly appreciated, and i am running out of time so, the sooner i have something substantial the better. cool

asked in H1B Visa by (120 points)
Have you got any response from uscis? I also have same kind of rfe.
what happened to your case? how did you respond? please share for the benefit of others. thanks!

3 Answers

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Good Day,
I got RFE this year on Specialty occupation. Can someone please share how to respond?

Cheers,

Raghu
answered by (140 points)
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answered by (680 points)
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It is critically important to understand that an RFE with above questions or a variation thereof can't simply be answered by the lawyers or law firm hired by the employer; none of them have your subject credentials.  These highly technical questions are designed to establish the specific professional reasons why an H1B deserves to be in the US; nobody but the H1B can answer this question effectively. The candidate must answer these questions with specific inputs from the group leader / manager who supervises or manages the candidate's position. The answers should be detailed and direct. Generic terms (hard working, sincere, capable, leadership skills etc) must be avoided as they raise a red flag. 

answered by (74k points)



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