In the present times, it is more common for USCIS to challenge an H-1B Application. It issues an extensive, detailed and demanding RFE – Requests for Evidence in this case. USCIS is more frequently challenging the H-1B Application based on the below scenarios:
Description of specialty occupation
General descriptions of job responsibilities and job duties are no longer accepted by the USCIS. It seeks complete documentation of the tasks to be performed and comprehensive explanation of duties. USICS seeks a direct relationship between the field of academic study of the prospective employee and the actual responsibilities and duties of the prospective position.
Additionally, USICS is regularly challenging the requirements of the employer, as quoted by the Lexology. This is when the US employer states a general degree requirement like Engineering or Business or unconnected to the offered position.
Documentation will be demanded by USCIS to ensure that there is s direct relationship between the employee and the employer. This implies the employer having the right to control the product and daily work schedule of the H-1B worker. Control is inclusive of the ability for direct hiring, termination, and supervision of the potential worker.
Accessibility of H-1B work
An H-1B Application has also been challenged by the USCIS in many instances requesting documentation from the employer. It is to demonstrate the abundant specialty occupation job that must be performed in the period of stated employment.
The H-1B rules order that the worker must be paid salary rate at the prevailing or actual wage – either of which is higher. Often in the present times, the use of wage surveys has been challenged by the USICS. It has requested extra evidence that the occupation specified in the survey offered is similar to the duties of the offered position.
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