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'Specialty Occupation'

'Specialty Occupation'

H-1B employees are constantly hearing about denials based on specialty occupation. Specialty Occupation is a blanket term used for denial based either on education qualifications of the employee or job description.

These are many reasons for H-1B denial based on specialty occupation. The employee who is being sponsored does not have a bachelor’s degree in computer science or related field, the position does not require a bachelor’s degree in computer science or the roles and responsibilities of a position are too generic.

For example, if an employer sponsors an employee for Computer Systems Analyst position, USCIS is stating that this position does not require a bachelor’s degree in a specialized field like Computer Science and denying the petition.

If an employer sponsors an employee for Software Developer position, USCIS is denying the petition if the employee does not have a bachelor’s degree in computer science or closely related field.

USCIS is also denying a petition stating that the job duties for a position are too generic. For example, a small IT consulting company sponsors an employee for a software developer position. USCIS wants a detailed 10-15 pages of documentation explaining every job duty in detail.

The last issue is when a generic qualification is added to a position like bachelor’s in engineering (without mentioning a specific major like computer engineering).

For example, a Software Developer position is advertised with minimum qualifications stating Computer Science, Information Systems or Engineering. Many companies add engineering because they are many electronics and electrical engineering graduates who have switched their careers to IT.

Employers did not want to lose this pool of employees. However, USCIS is stating there are more than 40 branches of engineering and denying the petition stating that position does not quality as a specialty occupation.

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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