Success in responding to a Request for Evidence after filing an E-3 Petition

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.

Status: 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.