New h1b rfe rule

[kakatiya]

 

 

Proposed H-1B rule: Redefining speciality occupation, the employee’s degree must co-relate to the job
 Redefining ‘speciality occupation’ for H-1B workers has been a long pending agenda item of the US Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS).

The proposal to modernise the H-1B program, released on Friday night, contains provisions on what constitutes a ‘speciality occupation’. This is a mixed bag for H-1B visa holders, a vast majority of whom are from India.
The H-1B non-immigrant visa program allows US employers to employ foreign workers in ‘specialty occupations’. This is currently defined under the immigration laws to mean occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.

The DHS has stated that occupation positions would be revised to reduce confusion between the public and adjudicators and to clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the “DHS states that the direct relationship requirement should not be construed as requiring a ‘singular field of study’. For example, an electrical engineer could have a degree or electrical engineering or electronics engineering, and USCIS is codifying that multiple degrees could be required. However, if multiple degrees are presented, the petitioner has the burden of establishing how they each relate to the occupation-position.”

Mitch Wexler, partner at Fragomen, a global immigration law firm, adds, “In particular, the proposed rule would clarify that an occupation ‘normally’ requiring a bachelor’s degree doesn’t mean that it must ‘always’ require a bachelor’s degree. The rule would acknowledge that a position may qualify as an H-1B specialty occupation even if the employer accepts degrees in a broad range of specialty fields, provided the fields are related to the duties of the position – an issue that has been subject to significant litigation in the past and continues to be the subject of requests for evidence by the USCIS.”

Speaking to TOI, Cyrus D. Mehta, a New-York based immigration attorney said, “There are some features in the proposed rule that will incentivize the USCIS to issue requests for evidence and potentially deny the H-1B application. A job-position will not be considered a specialty occupation for H-1B purposes if attainment of a general degree, such as business administration or liberal arts, without further specialization, is sufficient to qualify for the position. For instance, if an H-1B petition is filed on behalf of a marketing manager who has a degree in business administration without any specialization in marketing, the H-1B petition may not be approved. The comments to the rule also provide that a petition with a requirement of an engineering degree in any field of engineering for a software developer would not generally satisfy the legal requirements for H-1B classification.”

 

 

[kakatiya]

some features in the proposed rule that will incentivize the USCIS to issue requests for evidence and potentially deny the H-1B application. A job-position will not be considered a specialty occupation for H-1B purposes if attainment of a general degree, such as business administration or liberal arts, without further specialization, is sufficient to qualify for the position. For instance, if an H-1B petition is filed on behalf of a marketing manager who has a degree in business administration without any specialization in marketing, the H-1B petition may not be approved

[iTeachSAP]

Other than computer science degrees will have a big Rod anamaata

[Aquaman]

Malli thesthunnara.. just proposed a idhi ?

 

EEE,ECE, MECH, CIVIl vallaki  malli trump time lo laga rod annamata

[csrcsr]

5 minutes ago, Aquaman said:

Malli thesthunnara.. just proposed a idhi ?

 

EEE,ECE, MECH, CIVIl vallaki  malli trump time lo laga rod annamata

 

Proposed not yet rule

[Aquaman]

2 minutes ago, csrcsr said:

 

Proposed not yet rule

rule active kadaniki 60 days a?

[csrcsr]

Just now, Aquaman said:

rule active kadaniki 60 days a?

no I think inka andtha duram raale

[kakatiya]

Basically if you are civil, mechanical bachelor's  ..even though you did masters in computers .. phatak.

Because your job requires bachelor's degree in computers science..and they don't care what your masters is in. They won't even check the degree.

But it is easy to answer such rfe again with this new rule..Unless they are adamant

[csrcsr]

1 minute ago, kakatiya said:

Basically if you are civil, mechanical bachelor's  ..even though you did masters in computers .. phatak.

Because your job requires bachelor's degree in computers science..and they don't care what your masters is in. They won't even check the degree.

But it is easy to answer such rfe again with this new rule..Unless they are adamant

Em kaadu ilantivi trump tatha apdu chala vachevi rfes , attorneys they gathered knowledge in their work expierence with long letters  ani kottese valu .

[Anta Assamey]

[Sucker]

25 minutes ago, csrcsr said:

Em kaadu ilantivi trump tatha apdu chala vachevi rfes , attorneys they gathered knowledge in their work expierence with long letters  ani kottese valu .

Nenu appude IT la ki Kotha ga vachina days avi. Trump thatha min wage lu speciality occupation lolli mana Attorney lu pages pages answers rfe ju Kavali ane abbo oka aata aadinchadu 2 years tarvatha salla paddaru anuko 

[Sixers]

42 minutes ago, kakatiya said:

Basically if you are civil, mechanical bachelor's  ..even though you did masters in computers .. phatak.

Because your job requires bachelor's degree in computers science..and they don't care what your masters is in. They won't even check the degree.

But it is easy to answer such rfe again with this new rule..Unless they are adamant

Master’s reject chestharani emi ledu. Nuvvu chadhivina degree nee job ki related aa kada ani undi. Chadivina degree lo specialization important antunnadu. Bachelors Mech ayyi Masters IT lo ayithe masters mida ne apply cheyali bachelors degree petta kudadhu. Nee job ki related degrees inka experience unte approve ayiothundi. Alage MBA IT management ante kuda approve ayipothundi IT managers ki. Mech chadivinavallu Masters cheyaka mundhu IT lo experience thechukunte issues undavu. 

[DuvvaAbbulu]

17 minutes ago, Sucker said:

Nenu appude IT la ki Kotha ga vachina days avi. Trump thatha min wage lu speciality occupation lolli mana Attorney lu pages pages answers rfe ju Kavali ane abbo oka aata aadinchadu 2 years tarvatha salla paddaru anuko 

Anna nuvvu Citizen kadha ne 

[Sucker]

9 minutes ago, DuvvaAbbulu said:

Anna nuvvu Citizen kadha ne 

I was talking about andariki RFE lu ivvatam gurinchi maa appice la and how they prepared these docs ani

[perugu_vada]

Edho certification pedatharu .. like how they did before