Anyone had success with "Specialty Occupation" RFE
Had the misfortune of getting an RFE during an H1B transfer to FANG. Reason is the dreaded "Specialty Occupation", reading online makes it seem like this is the end of the road, as this is hard to reverse. Just wondering has anyone had luck with reversing the "Specialty Occupation" RFE? YOE: 5, TC : 150
Whatās the role?
SWE
Whats the DOL SOC code on LCA? That code makes lot of difference.
Would be good if you could explain how that matters
That code determines Speciality occupation. Anything below 15-1132 is a red flag to USCIS. The titles below that code is like Computer Programmers and Analysts. USCIS is considering all those titles as not Speciality Occupation. Many were rejected with those titles in my friend circle.
Worrying that even transfers to Amazon are getting RFes
Iāve done in the past for a marketing role (which are the most dreadful ones). But it was before all the current craze. Though I made sure we submitted the evidence for all 4 potential explanations, not just āan opinion letterā. I also helped a few friends to prep their rfe responses. Add profiles of other swe at your company or similar sized companies (look at LinkedIn) which shows everyone has a bachelor degree. Find an article or two which shows that swe comes from multiple educational background but bachelor degree is essential for success. Yes you previous manager / grad school are irrelevant except if one of your professors can write an expert letter saying a. What experience he/she has in evaluating this job fueled b. Claim that they believe the job is specific enough to require a bachelor / that itās a current trend. As said above - push lawyers. They usually write pretty standard responses. And yes itās about a role - not your qualifications.
Thanks! Gonna try to get the lawyers to cover these bases
I guess itās more common now to get that type of RFE. I got it too while transferring here. Lawyers did a good job of responding and it was resolved, although the whole process delayed the joining date by 4 months.
Happy to hear yours got resolved! Do you know what all your lawyers submitted? It is indeed becoming more common, and that's really tough to take. Was really excited for the new job :(
Hi Synopsys guy, maybe you could use 15-1131 for eda software?
The new/potential position isn't for EDA though...
Sounds interesting
Did you file in PP or regular one?
PP around end July
So what's the result? Did you start the new role? If yes, what were the timelines like?
https://www.bls.gov/ooh/computer-and-information-technology/mobile/software-developers.htm USCIS follow this to match Occupation with skills
That does seem to state that a bachelors degree is required , but my RFE is asking for evidence proving a bachelors is required and how it's a specialty occupation
Usually attorney writes a letter along with I 129 and supporting documents that explains how the duties of position relate to educational requirement and that minimum education req for this position is bachelors. Letter should mention that the job is very complex and unique and only an individual with special skills can perform it. Is Fragomen handling your case?
Do they write your TC in the LCA or just the base?
Only base. Are they allowed to mention stocks and bonus?
I'm not sure about this. Will have to ask attorneys.
Thank you, I guess at least its "possible". How exactly did the Microsoft lawyers deal with it? For my case the lawyers are just planning an expert opinion letter, and have shot down all my suggestions about adding any supporting letters from grad-school/previous-managers (claiming this is about the job description and not my profile :| )