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Overcoming Specialty Occupation RFE: Criterion 1

 

Criterion 1: Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.

This criterion can be approached in a few ways. Here are a some to consider:

1. Use the disclaimer.

Normally, USCIS cites the Occupational Outlook Handbook or “OOH.” Here’s what the OOH states about itself:

“The OOH, therefore, is not intended to, and should never, be used for any legal purpose.”

“The information in the OOH should not be used to determine if an applicant is qualified to enter a specific job in an occupation.”

If your evidence had that disclaimer, USCIS would correctly not find it credible. USCIS should apply the same standard to its own evidence.

2. Get an Expert Opinion Letter.

Get a letter written by a college professor who is an expert in the field to confirm that a bachelor’s degree in X field is normally and minimally required for entry into the position. If you’ve already argued that the OOH is not reliable, this is the only credible evidence on the record. Don’t forget to include a reminder about the preponderance of the evidence standard of proof.

3. Get creative.

Search for the end-client’s job postings, look through prior PERM ads, speak with recruiters, get letters from multiples experts in the field, etc.

 
Eren Yildirim