H1B visas require that the position being filled is one that requires specialized knowledge that can only be obtained from a bachelor’s degree or higher education or its equivalent. Here, the original job posting did not require a specific degree. Further, the position was a Network and Computer Systems Administrator position, and the USCIS deemed that these positions do not typically or necessarily require a bachelor’s degree and specialized knowledge obtained from that bachelor’s degree or its equivalent.
The client held an MS degree in Computer Science awarded by an American university and a degree in Electronics and Communication Engineering obtained from an Indian academic institution. The USCIS wanted to know how the position and its duties required the client’s degrees and specialized knowledge.
The solution here seems simple but was time-intensive. Much of our success comes in how we explain and detail information to USCIS officers. It’s also about providing complete and thorough documentation so that links are made and questions are clearly answered without raising more questions.
Here, we worked with the Beneficiary and his prospective employer to create charts to counter the USCIS’s assumptions and to justify the position and its need for specialized knowledge. One chart clearly broke down the specifics and the percentage of time allotted to each job duty. In this chart, we listed the relevant courses and explained how each course was necessary to fulfill the requirements of each duty. Another chart was created to clearly show that all former employees with the same job title had relevant Master degrees. This chart was used to specifically address the USCIS’s concern that the original job posting did not require a specific bachelor’s degree.