Success Stories

IMMIGRATION

[H] [H] Computer Software Programmer’s H-1B Transfer Petition Approved after Successful RFE Response 08/02/2019

This client received a Request for Evidence (“RFE”) after filing an H-1B transfer petition through his new employer in the field of IT industry. The primary issues pointed out in the RFE were: (1) whether the offered position qualifies a specialty occupation; and (2) whether the Wage Level I salary as designated in the certified labor condition application supports the offered position. Based on our experience having handled hundreds of specialty occupation & wage level RFEs, we prepared additional documents with strong arguments to overcome the RFE issues. One of the key documents in making the case is to demonstrate, through various evidence such as detailed job descriptions, employment practice, industry standards, etc., that the position is sufficiently complex to require, at a minimum, bachelor’s degree in a specific field. At the same time, we also had to show the USCIS that the offered position is an entry-level position that does not involve supervisory or discretionary decision-making tasks. The case was ultimately approved after submission of our response. Congratulations!