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Overcoming Specialty Occupation RFE: Criterion 3

 

Criterion 3: The employer normally requires a degree or its equivalent for the position.

This is a tough criterion because there are a lot of ways for USCIS to maneuver around it.

Make sure to provide sufficient information and documentation about the other employees’ positions—submitting only copies of other employees’ degrees is not enough.

Show that the Beneficiary and the other employees work in the same or similar position, for the same or similar end-client, on the same or similar project, etc. Make and show the connections instead of leaving it up to USCIS to interpret the evidence.

Keep in mind that even if you provide excellent evidence, USCIS may argue that since the petitioner is not the actual employer per Defensor v. Meissner, it is the end-client’s normal requirement that must be considered here, not the petitioner’s. Consider making a Defensor argument in order to convince USCIS to accept the job duties from the petitioner, then proceed with your argument.

 
Eren Yildirim