Common h1b rfe reasons – vibe, specialty occupation, petitioner needs escoliosis lumbar sintomas

USCIS checks all petitions filed for the H1B classification in its Validation Instrument for Business Enterprises (VIBE) system. VIBE uses commercially available data hernia de disco lumbar ejercicios contraindicados to validate basic information about organizations petitioning to employ foreign workers. In some instances, such as a newly established business, recent relocation, or change in corporate structure, the information contained in the VIBE system may escoliosis toracica not match the information provided by the employer in the H1B petition. In this case, USCIS may send an RFE asking for documentation to establish the validity of the business. This may include verification of an employer’s Federal Tax ID Number (FEIN), lease agreement for office contractura lumbar tiempo de recuperacion space, quarterly wage reports, tax returns, bank statements, articles of incorporation, or the like.

These types of documents should be readily available to an employer. Although it may be a hassle to respond to this type of RFE, it is relatively straight forward. Specialty Occupation – Does H1B petition really qualify for this ?

(1) a bachelor’s or higher degree or its equivalent is normally the minimum entry hernia de disco lumbar requirement for the position; (2) the degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the position is so complex or unique that it can contractura lumbar sintomas be performed only by an individual with a degree; (3) the employer normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor’s or higher degree dolor lumbar y mareos. See 8 CFR 214.2(h)(4)(iii)(A).

Although the regulations are specific regarding the criteria for determining what qualifies as a specialty occupation, approval or denial often comes down to a judgment escoliosis dorsal izquierda call by the adjudicating officer. The DOL’s Occupational Outlook Handbook is often consulted to determine whether the position offered qualifies as a specialty occupation. The adjudicating officer will not look at the job title alone, but instead consider all the facts surrounding the petition like :

RFEs will often request a more detailed job description, documentation of other workers in the estenosis lumbar severa same company who also hold at least a bachelor’s degree in a specific field, job vacancy announcements used for the offered position, etc. Needs of the Petitioner for the Services of the Beneficiary:

This issue is occasionally present in H-1B dolor lumbar lado izquierdo petitions filed by small businesses for aliens with professional skills not normally associated with persons employed in such a business (e.g., a petition for an accountant filed by an auto repair business columna vertebral lumbar or an IT consulting business filing a petition for an in-house project). USCIS may assume that the beneficiary will be employed in a lesser capacity or he or she will seek other employment immediately upon arrival. An RFE may be issued for documentation que es escoliosis dorsolumbar and explanations that a legitimate need exists. The employer must be able to demonstrate that the beneficiary will be employed in a qualifying specialty occupation and not in some lesser role.

Emily Neumann practices business immigration law and is a partner in Reddy escoliosis cervical sintomas & Neumann, P.C. in Houston, TX. Neumann writes a blog on immigration law ( and shares updates on Twitter ( @immigrationgirl) and her Facebook page to help her clients stay informed of the latest news. Other Articles