There were three specific challenges for this H1B case. The USCIS sent a Request for Evidence (RFE) requesting very specific information to address each of these concerns.
Our approach to these challenges was simple: we would take on each separately and aggressively. We took the needed time to gather all the evidence and draft responses that were clear, concise, and fully supported with documentation and legal analysis.
With regard to the academic studies not in alignment with the IT position, we argued that the sum of the Beneficiary’s degrees, specific courses she took related to Management Information Systems, and her seven years of progressive professional experience in all aspects of software engineering, system analysis, etc. were equivalent to a U.S. Bachelor’s Degree in Management Information Systems. To resolve the third-party placement issue, we cited relevant case law and regulations. As for the last challenge, we provided a clear link between the duties of the position and the specialized knowledge needed to successfully perform each job duty. In doing so, we also made it clear that this specialized knowledge could only be obtained through a bachelor’s degree or higher degree.