TheDegreePeople.com Advises on Specialty Occupation RFE: Know the Job Inside and Out
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The past few years saw an unprecedented number of RFEs targeting computer programmers making level 1 wages. These RFEs questioned whether this job met H1B specialization requirements, which state a specialty occupation requires a minimum of a US bachelor’s degree or higher or its equivalent for entry into the position.
Here’s why:
1. CIS assumes that because the job is set at level 1 wages it is entry-level.
2. According to the US Department of Labor’s Occupational Outlook Handbook entry-level computer programmers are sometimes hired with only a US associate’s degree, which falls short of H1B educational requirements for a specialty occupation.
This RFE was based on two misconceptions. First, just because a job is set at level 1 wages doesn’t mean it’s entry-level. Determining the wage level for any given position is complex, involving a great number of factors. Second, while some employers will hire entry-level programmers with only an associate’s degree, this is the exception for the position, not the norm. The exception should not make the rule for determining whether an entire occupation meets specialization requirements.
While this job got the most grief last season, any job can be met with a specialty occupation RFE. To answer this RFE, you need to know the job in question inside and out, far better than CIS does. That means knowing the passage in the Occupational Outlook Handbook, having the ad for the job documented that shows its minimum educational requirements, and having documentation of the requirements for similar jobs in similar companies in the industry. You also need documentation of the employer’s past hiring practices with regard to educational requirements for this job.
If this job is uniquely specialized and requires an advanced degree to perform its duties even though similar jobs in similar companies in the industry don’t require an advanced degree, you will need to clearly and thoroughly explain why this is the case. Both the employer and an expert who can add weight to the argument with an expert opinion letter need to offer detailed explanations.
If you, or your employee or client receive a specialty occupation RFE, you will need an expert opinion letter to fortify your case. We have experts on hand with the highest rate of success in answering these RFEs. For a free review of your case, visit ccifree.com/?CodeLWA/. We will get back to you in 48 hours or less.