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H1B Visa Denial due to potentially inadequate information in response to RFE

Discussion in 'Vermont Service Center - H-Visa Issues' started by H1b4Sam, Dec 15, 2016.

  1. H1b4Sam

    H1b4Sam New Member

    My employer had filed my H1B visa under 'Computer Occupations, All Others' while my job description is of a Computer Systems Analyst. My H1B visa has been denied by USICS stating the following reasons:

    1. The title used for petition did not qualify for a speciality occupation.
    2. The petition mentioned that this job needs a candidate who holds at least a bachelor's degree but did not specify the field of study.
    3. The petition failed to explain that this job was a complex job and need specific academics to accomplish it.
    4. The USCIS thinks that the client service contract provided by my employer in the response to the RFE does not clearly mention that the client needs the services from my employer throughout the period of 3 years and neither it clearly states that such services should be rendered by a candidate who holds at least a bachelors degree in a specific field. Further the USCIS thinks that my employer may not have enough work to keep me engaged for my entire work duration in-house.
    5. The employer had stated in the petition that they had not hired any candidates for such job positions without a bachelors degree however, they did not send a list of candidates that were hired like this.
    6. The USCIS thinks that my employer is a consulting company and that I would be sent to work with clients on contractual periods. Further the USCIS thinks that the petition failed to prove a rightful / adequate employee - employer relationship and that the client may govern my services more than my employer would.
    7. The USICS thinks that my employer's office is a virtual office and is not sure how would they employ me to work in-house when I am suppose to work in a client liaison position.
    What should be my employer's response to the USCIS in the motion to reopen / reconsider the petition? Should this need an attorney or be done by the employer? What is the likelihood of a positive decision after a good appeal?

    Appreciate any guidance on this. Thank you.
     

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