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'Three Words'

'Three Words'

The three words “Computer Systems Analyst” have become the most dreaded words in H-1B history. Most H-1B denials are issued when this job title or SOC code 15-1121 is used. 

Some employers use a variation of this job title like Programmer Analyst or Systems Analyst but use the same SOC code 15-1121. USCIS states that Computer Systems Analyst (SOC code 15-1121) is not a specialty occupation job title and denies the petition.

The question comes to your mind. Why are employers still filing this job title for H-1B petitions? They can pay less wages if they file a job position as Computer Systems Analyst (15-1121) instead of Software Developer (15-1132) or Software Engineer (15-1132) for BA, QA, Middleware and Data Warehousing. 

You can ask your employer for certified LCA or check LCA online as it is public data. If your employer has filed your petition as a computer systems analyst, then you can ask your current employer to upgrade the petition to premium processing as there is a high risk of denial and you can decide to file another petition with another employer or plan to leave the country. 

USCIS uses similar language like this when denying petitions with Computer Systems Analyst job title. Bureau of Labor Statistics Occupational Outlook Handbook (OOH) states when hiring computer systems analysts, employers usually prefer applicants who have at least a bachelor's degree. 

For more technically complex jobs, people with graduate degrees are preferred. For jobs in a technical or scientific environment, employers often seek applicants who have at least a bachelor's degree in a technical field, such as computer science, information science, applied mathematics, engineering, or the physical sciences. 

For jobs in a business environment, employers often seek applicants with at least a bachelor's degree in a business-related field such as management information systems (MIS). Increasingly, employers are seeking individuals who have a master's degree in business administration (MBA) with a concentration in information systems. 

Despite the preference for technical degrees, however, people who have degrees in other areas may find employment as systems analysts if they also have technical skills. Courses in computer science or related subjects combined with practical experience can qualify people for some jobs in the occupation. 

Employers generally look for people with expertise relevant to the job. For example, systems analysts who wish to work for a bank may need some expertise in finance, and systems analysts who wish to work for a hospital may need some knowledge of health management. 

Furthermore, business enterprises generally prefer individuals with information technology, business, and accounting skills and frequently assist employees in obtaining these skills. 

That “employers usually prefer applicants [with] at least a bachelor's degree” for systems analyst positions does not suggest that a bachelor's degree is the minimum education required for computer systems analyst positions, including programmer analyst positions. 

Further, for those positions that do require a bachelor's degree, a degree in computer science, information science, applied mathematics, engineering, or the physical sciences suffices for some jobs; a bachelor's degree in a business-related field such as management information systems is preferred for others; and “people who have degrees in other areas may find employment as systems analysts if they also have technical skills.” 

The Handbook does not support the proposition that computer systems analyst positions in general require a minimum of a bachelor's degree or the equivalent in a specific specialty. 

As such, to assert that the duties can be performed by a person with a degree in anyone of those disciplines implies that the proffered position is not, in fact, a position in 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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