Quotes and Excerpts from Rajiv on the article:
On the high rate of H-1B denials, Arlington-based Rajiv Khanna, Managing Attorney at Immigration.com, states: “Many of the denials handed out by USCIS appear to be pretextual rather than meritorious.” Several sponsoring employers and visa applicants have approached courts. “Lawsuits against the USCIS for specialty occupation issues and related H-1B issues are based entirely upon the record that the sponsoring employer has built before the USCIS. The court looks at this record, the documents to substantiate the claim of specialty occupation, to decide whether denying the H-1B application was a wrong decision,” explains Khanna.
TO-DOs TO GET AN H-1B VISA PROPER CLASSIFICATIONMake sure case is presented under appropriate standard category generally considered specialty occupation. In IT industry, systems analysis is a job position for both software engineer and a system analyst. USCIS treats a software engineer (also known as software developer), as a specialty occupation, but not the latter. DETAILED DESCRIPTION OF DUTIESContext of job must be clearly brought out, such as the nature and scale of work involved. Working on a mission-critical $10M project is most likely both quantitatively and qualitatively different from working on a $200k low-priority project. Rajiv Khanna
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