When you see as many H-1B cases as we do here at our offices, you begin to realize that it can be more difficult to gain approval for certain specialty positions over others. When a client came to our office needing an H-1B extension for a computer system’s analyst, we weren’t their first choice, but we were the only ones who would rise to the challenge.
The H-1B visa does not have many requirements, which is one of the reasons why it is so competitive. All you really need is a minimum of a bachelor’s degree and a job offer from a U.S. employer for a specialty position related to that degree.
Unfortunately, there are some positions that routinely cause the USCIS to question their relevance and validity, and one of them is a computer systems analyst. We have learned this through experience, and so have many other immigration lawyers.
Our client, an IT company, had gone to multiple law firms with their case, each time being turned down due to the understanding that getting an H-1B extension for a computer systems analyst was not likely to happen.
However, when the client came to us, we accepted the challenge, fully expecting the USCIS to heavily scrutinize the case.
The USCIS defines an H-1B specialty occupation as fulfilling at least one of the following requirements:
- The position normally requires a bachelor’s degree or higher through its complexity and uniqueness.
- The employer requires at least a bachelor’s degree for others in similar positions within the company.
- Most people who have the position hold at least a relevant bachelor’s degree.
However, a computer systems analyst, on its face, does not necessarily fulfill these requirements. Despite the fact that the position falls into the technology category of the STEM jobs (science, technology, engineering, and mathematics), the USCIS almost always issues a Request for Evidence (RFE) for this occupation.
So, with that in mind, our attorneys took on the case, met with the client, and filed an I-129 H-1B extension for a computer systems analyst. All we could do was wait for the USCIS’s response.
Sure enough, we received an RFE raising a major issue that we had anticipated all along. Here’s why. The USCIS generally consults the Department of Labor’s database for information on the requirements for any particular position. Unfortunately, the DOL indicates that most employers do not require a bachelor’s degree to hire computer systems analysts.
Our attorneys broke down the position and worked with the client and the beneficiary to fully understand and document the particular tasks that came with the position. We highlighted the fact that the position of a computer systems analyst met more than one of the H-1B requirements for a specialty occupation. We sent the USCIS our response long before the deadline.
Success! The H-1B extension was approved for a computer systems analyst despite the difficulties involved. Our expert attorneys had addressed every issue detailed in the RFE and made it clear that the beneficiary qualified according to immigration law.
Another H-1B Success Story
Despite the fact that every other law firm had turned our client down, SGM Law Group met the challenge head on and came out successful. Fighting for qualified foreign professionals to work in the U.S. is what we do, and we don’t shy away from difficult cases.
If you have a case that you think is too tough or other law firms won’t even touch, we’re the attorneys that can get the job done. Want to get in touch with one of our lawyers? Fill out this form to schedule a consultation or to see if you qualify for a free H-1B consultation.