We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience. More specifically, USCIS suggested that the employer had failed to provide an adequate explanation for how a candidate with a degree in business could qualify. In our response, we explained that the employer’s requirements cannot be read in isolation, and that the totality of the record clearly evidenced that candidates must have specific and relevant experience to perform the position. We provided a comprehensive explanation and considerable evidence, including detailed experience letters, work samples, job postings, and an expert opinion to illustrate that the employer’s requirements were in fact consistent, and that a business degree without the related experience would not be sufficient. The case was approved.
For more sample cases from our files, please click on the link below. It is impossible for us to present all we have done over the past 20 years. But these were some cases that came to mind when we started writing this column.
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