Secure Your Job by Maintaining A Valid Work Visa (H-1B) And Avoid An RFE
H-1B Visa has been one of the most important visas for people immigrating to the USA. This visa allows the visa holder to work and live in the country. Certain conditions are making the stay for highly skilled professionals troublesome. The administration and the government are trying to raise an invisible wall to ensure only highly merit &skilled H1B employees who came to US for temporary work can continue to stay in USA.
It would now appear that the easier response to this problem would be not just to apply for an H-1B visa. A large portion of the fight is envisioning what you might confront. Further, the role of the employing company is important to complete the process of H-1B so as to make the visa procedure free from any trouble. NYGCI is one of the leading IT Professional Services companies in the USA which follows all the necessary steps for a smooth visa process. Read on this article to learn what is new in H-1B RFEs and how to avoid it.
H1B Visa “Request for Evidence” (RFE)
If you are living in the country with an H-1B visa, chances are you might face RFE during the life time of your H1B. USCIS makes an inquiry called a “Request for Evidence”, or RFE when they require additional proof to pass a decision on a case of H1B visa. You will get an RFE via the post or you can check online for a pending RFE with the help of the case status tool. USCIS verifies legitimate employer-employee relationship and Specialty Occupation at the least. An RFE can be issued for the info about the petitioner/employer or the beneficiary, or both.
After getting an RFE, you have set # of days to submit the relevant documents that prove your case. Make certain that you answer all requests thoroughly and completely. If not, your case could be deferred much further, or you may incidentally submit data that could endanger the result of your case. USCIS has the capacity to be subjective in this manner; it is thus advised to take some legal help before reacting to an RFE.
Validation Instrument for Business Enterprise (VIBE)
The Validation Instrument for Business Enterprise, abbreviated to VIBE, is a tool utilized by the USCIS to affirm information about the requesting employers using the accessible data. If in a case there has been a recent address change, there might be an inconsistency between the H1B appeal and the data acquired from VIBE, which could make you get an RFE requesting information like a rent agreement, salary reports, latest financial statements or the Tax ID number of the requesting employer.
To be approved, an H-1B appeal needs to meet the description of a specialty occupation, which implies an expert position that requires at least a bachelor’s degree in a particular field of study. The Occupational Outlook Handbook (OOH), published by the Department of Labor and also accessible online, is used the USCIS often in order to analyze the specialty occupation.
To understand what occupation USCIS will search in the OHH, we must look at the Labor Condition Application (LCA). The LCA is applied online and confirmed by the Department of Labor before an H-1B request is recorded. The approved and signed LCA is included in the H-1B application. The general use of the LCA is for the business to authenticate the terms and conditions of work (the salary package of the employee, address of the workplace, and so forth). For the purpose of specialized information examination, the LCA has a few key components:
The Job Title
This is the job title that the business usesto define the position. It very well may be any job title that the business sees fit and can be written into the job title field.
SOC stands for Standard Occupational Code, and the framework the DOL uses to decide wage sums for different kind of occupations. Remember, there is a drop-down menu of SOC codes. There isn’t an SOC code for every occupation out there, so we should choose the SOC code that most nearly resembles the proffered position. Likewise, remember that in the DOL’s wage system; some of the related occupations are put together into a single category for wage purposes. For instance, the job title of Software Quality Assurance Engineers, Web Developers and Testers,all fall under the category SOC code of Computer Occupations for wage purposes. So that is the SOC code that is recorded on the LCA, despite the fact that the job title might be,for instance,Quality Assurance Analyst.
Each work related classification in the SOC framework has four distinctive wage levels. According to this classification, a wage level 1 indicates that the job is an entry level job which obviously cannot be a specialty occupation. This is the simplified way of demarking different wage levels by USCIS which should be duly noted while entering your wage level in the application.
Returning to USCIS’ specialty occupation investigation, the USCIS officer will generally note the SOC code, not the job title by the employer, and utilize that SOC code to look into the position in the OOH list.At this point, certain conditions arise which should be noted such as given below.
Once in a while, a candidate might be a business contracting a foreign specialist whose job skills are not directly connected with the applicant’s business field. Generally, the applicant for this situation would be a small independent company. A case of this possible situation would be a request for an H1B visa for a financial organizer who will work for a construction business. The USCIS may speculate that the employee will be put in a position that requires less of his or her aptitudes rather than a specialty occupation and that the recipient will search for other work after that person arrives in the United States. In such an event, the candidate must demonstrate that the recipient will work in a specialty occupation.
Potential Problems with Beneficiaries’ Degrees
Sometimes, the recipient will have a bachelor education in an alternate field of study than the proposed occupation, prompting an RFE. When such a thing occurs, the candidate must show how the recipient’s degree is connected with the offered position. Another potential issue can happen if the recipient does not have a bachelor’s degree in the US, or may not have a college degreeat all since he or she went to college in another nation. To fulfill the RFE, he or she should submit documentation demonstrating a foreign degree identical to a bachelor’s degree from the United States in his or her field. Orin another way, a recipient has to present college assessments or letters from past employers to report work experience for an RFE.
Another possible method to prompt anRFE for a specialty occupation is if the H-1B recipient has an irrelevant degree, which means a degree not identified with the offered position. In the past, USCIS has acknowledged unrelated degrees,for instance,a degree in electrical engineering forwork on IT positions like software engineers. In the current trend it is observed that USCIS is asking whether the degree is connected, and furthermore issuing an RFE for the specialty occupation also, saying that since the recipient has a degree in engineering, it appears that different fields of study are admissible for the position. This is valid for different occupations too.
Employer-Employee Relationship Questions
All together for an H1B request to be affirmed, there must be confirmation of a current employer-employee relationship. If the recipient’s job is to work off-site, this relationship can be troublesome for the USCIS to decide without more data, and an RFE may be issued to ask for more data to build up the business’ control and supervision of the representative. The worker should likewise demonstrate that the specialty occupation can be performed off-site at the specific work location and may be asked to demonstrate the command chain he is working under in that organization.
Extensions and Changes of Status Requests
An employee must show confirmation that he or she has maintained the status as an employee working in a specialty occupation by indicating pay slips in the case when he or she wishes to get his or her H1B visa extended or change theimmigration status.
Critical Details to Consider
As already stated, it is not very wise to move ahead with an RFE response without any legal help from experts. Be that as it may, you have to always remember the contemplations related to your response to an RFE such as:
At NYGCI, proper legal assistance is taken while carrying out the whole process which ensures that the employer, as well as the beneficiary, doesn’t get in trouble because of poor documentation or lack of information.
How Does This Affect You?
There are a few things that employers, employees and their lawyers can do while applying for H-1B to proactively address these issues, or at least prepare themselves for the RFE:
Carefully select the SOC code on the LCA. The SOC code must be exact and suitable for the position however it’s a smart thought to carefully look at the relevant OOH entry, and consider how that will influence the appeal.
In a similar manner, make a point to choose the suitable wage level. A particular position may certainly be at level 1 wage, so it might be completely fitting to choose the level 1 wage. Nonetheless, if the recipient has past work experience, higher education degrees, and so on, as well as if the position requires experience, at that point a higher wage level might be more suitable. Be that as it may, simply choosing a higher wage level won’t make an appeal invulnerable from a specialty occupation RFE. You should consider all the components together.
Ensure the recipient does not have an irrelevant degree. In the case that the degree isn’t directly related to the offered position, it might be conceivable to get an assessment of your education and experience, to get the appropriate equivalency.
In the event that you do get a specialty occupation RFE, there are various approaches to effectively address the RFE. A migration lawyer with experience and learning of the H-1B type visa and current trends in work visas and immigration policies can help ensure that you present as much strong a response as possible.
Nowadays H1B extensions are denied due to poor documentation from employers. H1B holders can only work on a job that requires a Specialty Occupation category.At NYGCI, we take care of all the paperwork that meets the requirements for an H-1B petition. If you too are aspiring for a skilled job in the USA and find yourself in a dilemma whether you should go for change of employer or not, then you can consider contacting NYGCI for a brighter discussion for your next IT consulting role.