Help!!! RFE on H1B visa

[CalvinX]

Hi,

We applied for our first H1B and got an RFE. The H1B is for a management job in a non-IT industry. RFE says:

Send us names of all managers at your work place

State how many of the managers have a baccalaureate degree in the specialty (this is the same speciality as mine).

For those who don't have a bacc degree, state how many years of experience each has.

Give more details on the job description. (this to me seems a minor, although we will beef up the description)

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My comments-

It is clear that INS wants to find out if other employees in a similar job have a baccalaureate degree, which is a precondition for H1B. For those who don't, INS wants to see if the job still meets the speciality occupation definition if the employees have 3 yrs of work experience for each year of baccalureate that they don't have.

The problem is all the managers working at this place do not have a baccalureate degree and neither do all of them have 3 years experience to show for each year of univ educatin that they don't have.

I guess, if the INS sees even a couple of employees like this, they will say ok so your organization HAS accepted employees without a bacc degree or the requisite work experience, so this is NOT a speciality occupation and the H1B is denied.

What is the best way to prevent a denial?
Can I just send the names of only those managers who do have a bacc degree? There are quite a few who do have it. This way INS cannot contest it.

Any ideas? Has anyone seen a similar RFE. It seems INS is getting tougher even with giving H1Bs.

Any help will be greatly appreciated!!!!!

[jaxen]

You can always say the type of projects that bacculerate degree holder managers are different from others. Salary and power wise there need not be a distinction. But a requirement based on some performance issue or project attribute or client requirement can also take care of this issue... My opinion.