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10Oct, 14

us-work-visaWhat is a Notice of Action? A Notice of Action, also known as a request for evidence or R.F.E., is a formal request from USCIS in response to a submitted petition. An R.F.E. requests additional documentation to help clarify the submitted petition so that an Immigration Services Officer may make a more informed decision.

Specialty Occupation: one of the most common trends, that we are seeing in the petitions submitted under 2015 cap, is about the fact whether or not the petitioner’s proffered position qualifies as a specialty occupation. A specialty occupation requires a bachelor’s degree in a specific, related specialty category. It also mandates that the petitioner demonstrate the position requires theoretical and practical application of a body of highly specialized knowledge.

In general, when determining whether the position is a specialty occupation, USCIS considers the duties of the position and the nature of the petitioner’s business. USCIS may require evidence related to the employee’s job duties and education. USCIS may also request evidence that other, similarly-situated employees have been hired by the petitioner or other employers to perform jobs with similar duties. It is thus important to ensure that the response to RFE is detailed explaining each part of the relevant statute and is fully responsive to ensure successful result.

An R.F.E. may request different documentation to corroborate a position offered depending on the petitioner, the type of petition filed, the potential employee, and the job being offered. Furthermore, other categories of inquiry may be at issue, including: the employer’s right to control the employee, the academic credentials of the employee, and the petitioner’s in-house employment project.

Therefore, regardless of the specific documentation that USCIS is requesting, it is important to consult with an experience immigration attorney so that your petition has the best possible opportunity to be approved. Under these circumstances, it is further important that an experienced lawyer who is expert in US Immigration matters and has extensive and in-depth experience in handling these types of matters must be consulted to help you prepare well in advance to avoid potential denial of petitions. Things work out best for those who are guided and prepared well as they make the best of how things work out.

Contributed by Karrie Gurbacki. Karrie Gurbacki is an employee of Bhagwati and Associates, PLLC. and handles US Immigration matters. She is a graduate of Villanova University School of Law and the State University of New York (SUNY) Geneseo. She is awaiting her NY and NJ bar exam results at the time of publishing this article.

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