How to Avoid a Specialty Occupation RFE with a Strong Expert Letter

Getting a specialty occupation RFE for your H-1B petition can be stressful. The number of these Requests for Evidence has shot up since 2017, creating major obstacles for both visa applicants and employers.

USCIS now issues RFEs for many H-1B petitions. They look closely at whether jobs qualify as specialty occupations. Your position must show both theoretical and practical use of specialized knowledge. You also need a bachelor’s degree minimum in a specific field. Meeting this “preponderance of evidence” standard can be tricky.

An expert opinion letter serves as vital evidence when you respond to an H-1B specialty occupation RFE. These letters cost between $600-$800 and offer authoritative analysis of your job’s complexity and educational needs. The letters take 3 to 21 business days to process and can make your case much stronger.

Let us show you how to use expert opinion letters effectively to meet each USCIS criterion for specialty occupations. You’ll learn to build compelling evidence that proves your position meets legal requirements. This will help you direct the complex H-1B petition process confidently.

Understanding Specialty Occupation and RFE

You need to know what makes a specialty occupation and why USCIS issues RFEs to guide yourself through the H-1B visa process. These basics are the foundations of creating a strong petition that meets strict scrutiny requirements.

What is a specialty occupation in H-1B context?

The specialty occupation under H-1B rules means a job that needs “theoretical and practical application of a body of highly specialized knowledge.” The role must require “attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States”.

A position becomes a specialty occupation by meeting at least one of these four criteria:

• A bachelor’s or higher degree (or equivalent) is the minimum requirement to enter that position
• The degree requirement is common in the industry for similar positions, or the job is so complex that only someone with a degree can do it
• The employer asks for a degree or its equivalent for the position
• The duties are so specialized and complex that you need knowledge typically gained through a bachelor’s or higher degree

USCIS defines “normally” as something that follows a standard pattern – usual, typical, common, or routine – but not in every case. On top of that, “directly related” means there’s a clear connection between the required degree and what the job involves.

What is an RFE in H1B and why is it issued?

An RFE (Request for Evidence) comes from USCIS asking for more documents or information to help them decide if an H-1B petition should be approved. Getting an RFE for H1B doesn’t mean you’ll be denied – it just means USCIS needs more proof.

USCIS sends out RFEs to get extra evidence about specific parts of your petition. They tell you exactly what proof they need and give you enough information to respond properly.

Common reasons for specialty occupation RFEs

People often get specialty occupation RFEs because they can’t prove their position qualifies as a specialty occupation under the rules. USCIS often asks if the job is complex enough to need a bachelor’s degree in a field related to the actual work.

Here are other reasons why you might get H-1B specialty occupation RFEs:

• Not proving the employer-employee relationship
• Missing proof of specific work assignments
• Questions about the candidate’s qualifications
• Not showing the candidate managed to keep their current status
• Differences between the Labor Condition Application (LCA) and H-1B petition
• No itinerary for jobs at multiple locations
• Missing H-1B filing fees

Level 1 (entry-level) wage positions might raise questions about specialty occupation status. USCIS thinks this “would likely contradict a claim that the proffered position is particularly complex, specialized, or unique compared to other positions within the same occupation”.

USCIS doesn’t like vague job descriptions. Jobs that accept different types of degrees (like Computer Systems Analysts) often need more explanation. You can overcome these challenges by showing how the job needs knowledge from a specific field and proving your candidate has the right qualifications.

USCIS Criteria for Specialty Occupation

You need to understand the four criteria USCIS uses to determine specialty occupation status before preparing or responding to a specialty occupation RFE. The law requires your position to meet just one of these criteria—not all four. Your case becomes stronger if you provide evidence for multiple criteria.

Criterion 1: Degree normally required

A bachelor’s or higher degree (or its equivalent) must be the minimum requirement to enter the position. USCIS checks if the specific degree is standard for the occupation. “Normally” means following a type, standard, or regular pattern that people see as usual, typical, common, or routine—but not always.

USCIS wants the degree to be in a specific specialty that relates directly to the position. You won’t meet this criterion if you just need any bachelor’s degree or a degree from various fields. The degree must connect logically to the position’s duties.

Criterion 2: Industry standard or job complexity

This criterion splits into two parts.

You need either:

• A degree requirement common to the industry in similar positions, or
• A job that’s complex or unique enough that only someone with at least a bachelor’s degree in a specific specialty can do it

You must show that employers in your industry typically need a specific degree for similar positions. Another option is to prove your position has duties so complex or unique that only someone with specialized knowledge from a specific degree program could handle them.

Criterion 3: Employer’s hiring practices

The third criterion looks at whether you, as the employer, usually need a degree or its equivalent for the position. USCIS will look at your company’s hiring history for this and similar positions.

Your documentation should include:

• Past job posts that required specific degrees
• Records showing current and past employees in similar positions with relevant degrees
• Organizational charts that show educational requirements for related positions

Your case becomes stronger if your hiring practices stay consistent. USCIS might question why this position needs a degree if you’ve hired people without relevant degrees for similar roles before.

Criterion 4: Specialized and complex duties

The last criterion checks if the specific duties are specialized and complex enough that the knowledge needed comes from a bachelor’s or higher degree.

This criterion asks if the job duties need knowledge that people usually get through a bachelor’s or higher degree program in a specific field. It’s different from criterion two because it focuses on how specialized the duties are rather than how unique or complex the whole position is.

A detailed job description that shows specialized tasks, projects, and responsibilities helps meet this criterion. Expert opinion letters work well here because they can link specific job duties to knowledge areas that degree programs typically cover.

These four criteria might look simple, but USCIS reviews H-1B specialty occupation petitions with intense scrutiny. Your best chance to avoid or handle an RFE for H1B successfully comes from providing solid evidence for at least two criteria.

Role of Expert Opinion Letters in Avoiding RFEs

Expert opinion letters serve as a powerful tool that addresses specialty occupation RFEs in H-1B petitions. These letters provide authoritative analysis from qualified professionals who can confirm both your position’s specialized nature and the beneficiary’s qualifications.

How expert letters support each USCIS criterion

A well-crafted expert opinion letter addresses each specialty occupation criterion strategically:

• Criterion 1 (Degree Normally Required): Expert letters explain industry standards for degree requirements. They confirm that positions like yours typically need specialized degrees.
• Criterion 2 (Industry Standard/Complexity): Experts measure your position’s duties against industry standards. They detail why the role’s complexity needs specialized knowledge from specific education.
• Criterion 3 (Employer’s Hiring Practices): Expert letters confirm your organization’s hiring patterns by putting them in context with broader industry practices.
• Criterion 4 (Specialized Duties): Expert letters excel here. They provide deep analysis that connects specific job duties to knowledge from relevant degree programs.

When to include an expert letter in your petition

You can choose between two strategic approaches for expert opinion letters:

1. Original H-1B Filing: Adding an expert letter early can strengthen borderline cases. Many practitioners suggest waiting for USCIS to issue an RFE.
2. RFE Response: Expert letters work best as responses to H-1B specialty occupation RFEs. This focused approach tackles specific USCIS concerns and manages costs.

Denial rates drop by a lot when experts get involved. A neutral third party provides analysis to USCIS. Your petition moves beyond claiming qualifications to having recognized authorities confirm them.

Examples of successful expert letter usage

Expert letters have helped address specialty occupation RFEs in these scenarios:

• Data Analyst positions with business degrees—experts explained how the role needed advanced statistics and programming skills from specific education.
• Software Engineers with electrical engineering degrees—experts showed how their education and work history made them right for the position.
• Non-traditional degrees—experts showed how progressive work experience matched U.S. degree equivalency.

The most effective expert opinion letters include a full position analysis, detailed educational requirement explanations, industry data references, and truth statements with the expert’s credentials.

How to Craft a Strong Expert Letter

The life-blood of avoiding a specialty occupation RFE comes down to creating an expert opinion letter that effectively addresses USCIS concerns. A well-crafted letter validates your position’s specialized nature and educational requirements.

Choose a qualified and credible expert

Your expert opinion letter’s effectiveness depends on its author. The ideal expert for H-1B specialty occupation cases should have:

• Advanced degrees (Ph.D. preferred) in the relevant field
• Professional recognition through publications or awards
• Current employment as a professor or industry leader
• Experience writing opinion letters for immigration cases

USCIS regulations state that experts must be individuals or organizations with specialized knowledge and expertise to give the requested opinion. University professors make ideal candidates because they bring academic authority to your case.

Include detailed job duties and analysis

Your expert needs to analyze specific job responsibilities beyond just job titles. The letter must explain how each duty needs specialized knowledge that comes from a relevant degree program. Experts should get to know your company by reviewing profiles and talking to management about your specific needs.

Use industry data and academic references

The best expert opinion letters use published resources, industry standards, and academic references. References to relevant studies or publications make the expert’s argument stronger and show industry-wide agreement about educational requirements. The expert’s own published work adds credibility to the letter.

Maintain a clear and professional tone

Your letter should use clear, factual language without emotional words or exaggeration. USCIS officers find objective, analytical writing more credible than subjective opinions. The letter needs to read like an objective review based on professional knowledge rather than personal views.

Include a statement of veracity and CV

Each expert opinion letter must conclude with a declaration of veracity that confirms the information’s accuracy. A standard format states: “I declare, under penalty of perjury, that the information provided in this letter is true and accurate to the best of my knowledge and belief”. The expert’s complete CV or resume should validate their qualifications.

A final review ensures your letter addresses all USCIS criteria for specialty occupations while staying precise and clear throughout.

Supporting Documents and Best Practices

Complete supporting documentation plays a vital role in avoiding specialty occupation RFEs. USCIS reviews your H-1B specialty occupation petition to find solid evidence that proves your position meets their criteria. A well-prepared set of documents can help you avoid delays and uncertainty that come with an RFE for H1B.

Job descriptions and organizational charts

Strong job descriptions are the foundations of a solid specialty occupation case. You should break down specific duties and show what percentage of time goes to each task. The descriptions must detail the technologies or processes used without industry jargon that might confuse USCIS examiners. Unclear descriptions often lead to specialty occupation RFEs because they don’t show how complex the position really is.

Organizational charts make your case stronger by showing where the position fits in your company. These charts show who reports to whom and prove that the H-1B worker will do qualifying work. Companies of all sizes use these visual aids to help USCIS understand the role’s context better.

Past hiring records and employee credentials

Your hiring practices can strengthen your H-1B specialty occupation case by a lot. Records that show you’ve always needed specific degrees for similar roles give solid proof for the third USCIS criterion. Job posts, recruitment records, and degree verifications help build this case.

Your hiring history needs to be consistent. USCIS looks at whether you need these degrees for real business reasons or just to hire foreign workers.

Client letters and project documentation

Client letters must be on company letterhead for third-party placements. These letters need to confirm job duties, how long the project runs, where the work happens, and your control over the worker. They should state clearly that the H-1B worker won’t become the client’s employee.

You should add contracts, work statements, and purchase orders that prove you have projects needing specialty skills. USCIS might check this information during site visits, so accuracy matters.

Avoiding vague or overly broad degree fields

USCIS inspects degree requirements carefully in specialty occupation cases. You won’t meet their standards if you list unrelated fields like “Computer Science, Business, or related”. The better approach is to list specific fields like “Computer Science, Computer Engineering, or related technical field.”

Generic job descriptions that don’t link to specific academic fields won’t work either. USCIS challenges roles that can be filled through different educational paths, especially those under broad job categories.

Conclusion

Specialty occupation RFEs have become a major roadblock in the H-1B petition process. In spite of that, you can tackle these challenges with the right preparation and documentation. Expert opinion letters serve as powerful tools that validate your position’s specialized nature and educational requirements.

In this piece, we got into how USCIS assesses specialty occupations based on four key criteria. Without doubt, a clear grasp of these criteria builds the foundation to create compelling evidence that meets the “preponderance of evidence” standard. Expert letters help prove that your position needs specialized knowledge gained through relevant degree programs.

On top of that, supporting documentation plays a vital role to strengthen your case. Job descriptions, organizational charts, hiring records, and client letters work together with expert opinions to build a complete petition package. Your chances of receiving an RFE go up by a lot without these elements.

Note that proper preparation and attention to detail help avoid a specialty occupation RFE. Each document should link your position’s duties to specific educational requirements. The process might seem overwhelming, but expert help can boost your approval chances substantially.

USCIS trends and requirements change often, so staying up to date helps you prepare for potential challenges. The H-1B world keeps changing, but you can direct the petition process successfully and avoid RFE-related delays with proper guidance and preparation.

The strategies we covered in this piece set you up for success in proving your job’s status as a specialty occupation. Investing in proper documentation and expert opinion letters saves time, cuts down stress, and boosts your H-1B petition’s approval chances.

FAQs

Q1. What is a specialty occupation for H-1B visa purposes?

A specialty occupation requires theoretical and practical application of highly specialized knowledge and a minimum of a bachelor’s degree in a specific field related to the job. The position must meet at least one of four criteria set by USCIS regarding degree requirements, industry standards, employer practices, or job complexity.

Q2. How can an expert opinion letter help avoid a specialty occupation RFE?

An expert opinion letter provides authoritative analysis from a qualified professional validating the specialized nature of the position and its educational requirements. It can address each USCIS criterion for specialty occupations, explaining industry standards, job complexity, and how specific duties relate to specialized knowledge gained through relevant degree programs.

Q3. What should be included in a strong expert opinion letter?

A strong expert opinion letter should include the expert’s qualifications, a detailed analysis of job duties, industry data and academic references, a clear professional tone, and a statement of veracity. It should thoroughly explain how each job duty requires specialized knowledge typically gained through a relevant degree program.

Q4. What supporting documents can strengthen a specialty occupation case?

Key supporting documents include detailed job descriptions, organizational charts, past hiring records showing consistent degree requirements, employee credentials, and for third-party placements, client letters confirming job duties and project details. These documents help demonstrate that the position truly qualifies as a specialty occupation.

Q5. How can employers avoid common pitfalls in specialty occupation petitions?

Employers should avoid vague job descriptions, inconsistent hiring practices, and overly broad degree field requirements. Instead, they should provide specific, duty-focused job descriptions that clearly connect to relevant academic disciplines, maintain consistent hiring standards, and specify closely related degree fields for the position.