Case Approved after difficult request for evidence (RFE) based on experience and education combined!

July 21 2015 – We congratulate the team especially Medya Ansari for answering a difficult request for evidence (RFE) case. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. The client however, has extensive experience in the field of an specialty occupation. The previous attorney who filed the H1B case, was actually not able to transfer the H1B due to the same reason and refiled the case. This time, client retained our law firm to handle the RFE. After a long consideration and analysis, we answered the RFE explaining that the experience did match the job offer despite the fact that the education was not in the same filed and also ultimately the client education combined with his experience clearly falls under an specialty occupation for an H1B. Today, we received an email the case was approved.

Synopsis  and the approach on the case:

“The issue in the case was that the client had a bachelor and masters in chemistry engineering and very minimal computer programing experience. The job title was a computer analyst or programing thus the USCIS was questioning his qualifications. We submitted an expert evaluation along with educational evaluation indicating his combination of his courses along with his experience qualifies him as a u.s. bachelor in computer information systems. Then we argued that as per the law as states in the RFE all related computer education would meet the requirement, we highlighted every single computer and programing related courses he had taken, we provide course objectives and highlighted the skills thought in those courses that would qualify him as programmer, we also drafted more detailed job experience letters that outlined in percentage breakdown the computer programming skills and duties he has had in the past.”