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'H-1B Job Title'

'H-1B Job Title'

A train operator is no longer called a driver. They are called as a loco pilot. A peon is now referred to as a clerical officer. People change with time, so do job titles.

Programmer Analyst and Computer Systems Analyst titles were used as H1-B job titles for 28 years from the time when the H-1B program was created by Immigration Act of 1990.

Now USCIS is challenging these old job titles. Any job title other than Software Developer, Applications (SOC code 15-1132) or Software Developers, System Software (SOC code 15-1333) is being subject to RFE on specialty occupation.

The job title Computer Systems Analyst (15-1121) was used for both programmers (Java, .Net) and other software occupations (BA, QA, Data Warehousing, ETL, Business Intelligence, Business Analytics, Middleware Administrators, ERP) for a long time.

Now USCIS is challenging that Computer Systems Analyst (SOC code: 15-1121) job title does not require a bachelor’s degree in a specialized field like Computer Science and even a person with a Bachelor of Arts degree can apply for a Computer Systems Analyst position. Majority of the H-1B petitions filed under Computer Systems Analyst (SOC code 15-1121) are being denied.

The real-world job title Software Engineer can be used for both SOC codes Software Developer, Applications (SOC code 15-1132) or Software Developers, System Software (SOC code 15-1333) for computer occupations other than programmers.

Now USCIS will soon have the power to deny petitions directly without an RFE and can also put H-1B employees in deportation proceedings by issuing an NTA (Notice to Appear) before an immigration judge.

A H-1B employee can ask for certified LCA from their employer to find their job title and corresponding SOC code or search for their employer H-1B LCA data online. This way, the H-1B employee will know if their employer is planning to buy a one-way ticket to their home country.

Many smaller IT consulting companies do not have the knowledge to deal with boilerplate RFE’s on specialty occupation, employer employee relationship and education for H-1B employees.

We request H-1B employees who are subject to an imminent layoff to send their resume to info@immigrationadvice.com and we will help them find a new employer who can sponsor them.

Press note released by: Indian Clicks, LLC

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Tags: H1B Visa Immigration