Legal Question in Immigration Law in Illinois
H-1B visa transfer screw-up
H-1B visa transfer screw-up
I live in Illinois and I am currently employed on an H-1B visa. The company I work for has recently become a corporation from a sole proprietorship. My application to transfer the visa to the new company got sent.
I just got a letter from the INS stating that they want evidence that the position is a specialty occupation. This is baffling because I already have the visa and it's the same position. The only thing different is there's an Inc. at the end of the company name now.
What sort of evidence are they looking for? The letter they sent wasn't exactly clear and I haven't been able to get through to the Nebraska office.
Do they need letters from other companies stating that similar positions require a degree? Would a letter from a national certifying agency in my field do?
I'm confused. Thanks for the help!
2 Answers from Attorneys
Re: H-1B visa transfer screw-up
A "specialty occupation" is an occupation that requires the attainment of theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree as a minimum for entry into the occupation. Evidence: the industry norm for parallel positions, complexity of the job duties, employer's normal requirement of a degree for the position and the level of authority and responsibilty involved.
As you have suggested, letters from other industry players, National agencies etc. are relevant. You should have the attorney respond to this challenge because unless your occupation is one of the traditional occupations accepted by INS as "professionals" you are going to have an interesting battle ahead.
Good luck
Re: H-1B visa transfer screw-up
There is no screw up. It is not unheard of for the INS to be inconsistent in their decision making. You need to get an expert opinion conmfirming the professional caliber of your position as well as evidence that others in the industry require the same and bury the bastards in paper with evidence.
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