H-1B for Recruiter Position

A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter. Accordingly, since the job duties of such a position are sufficiently complex to require knowledge of accounting, taxation, audit etc., the position requires the incumbent to possess at least a bachelor’s degree in the relevant field.   Consequently, USCIS issued an RFE raising the issue of specialty occupation. We responded by providing the beneficiary’s expanded job description and detailed project description, the employer’s past hiring practices and other supporting evidence.  This case was approved.

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