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Leveraging the skills of our legal team, we effectively addressed an RFE, leading to the subsequent approval of our client’s case within 20 days of USCIS receiving it! Learn the strategic approach and evidence that paved the way for our client’s approval.
In order to qualify for an H-1B visa, a specialty occupation mandates both a “theoretical and practical” application of highly specialized knowledge and a higher degree within the specified field. Our client, employed by a consulting firm specializing in customer experience and product management, held the role of a Product Designer. This encompassed responsibilities such as design strategies, user research, cross-functional collaboration, mentorship, presentations, and tool expertise.
Despite meeting all H-1B criteria, USCIS issued a detailed Request for Evidence (RFE), challenging the specialty occupation classification based on the certified Labor Condition Application (LCA). Our client’s occupation was filed under that of a Graphic Designer and USCIS pointed out that it should have been a UX Designer, which was a major obstacle. The reality is that the job responsibilities between both designer positions intertwined. Citing the Occupational Outlook Handbook, USCIS questioned the educational requirements for Graphic Designer positions, specifically focusing on our client’s Information Design degree.
USCIS contended that our client’s degree did not directly align with the specialty occupation of a Graphic Designer, despite their background in computer engineering and a master’s degree in information experience design. Our response to the RFE clarified that the position:
Collaborating with a major food and drug retailer, our client contributed to the creation of graphics for the retailer’s digital platform, aligning with the Graphic Designer role outlined in the H-1B duties. We highlighted our client’s creation of style guides, typography, and color schemes in line with the retailer’s branding, showcasing their expertise in visual design for digital media.
Emphasizing that the job duties aligned with our client’s education in information and speculative design, we provided comprehensive documentation, including course descriptions, job duty charts, and multiple graphic designer job descriptions. The duties our client performed aligned with the duties of a Graphic designer per the Occupational Outlook Handbook. Additionally, we presented a detailed evaluation of the academic degree requirements by the Department of Transmedia at a U.S. University for a professional position in Product Design, as well as an evaluation for our client’s academic background.
Our response addressed every aspect of the RFE, underscoring our client’s qualifications. Within 20 days, USCIS approved our client’s case, validating the alignment of their skills and expertise with the demands of the specialty occupation.
The H-1B visa is a highly sought-after immigration path for foreign professionals and each year more and more applications are received by USCIS. Our team has tremendous success in getting these cases approved and overcoming challenging RFEs like in the case above. If you’re interested in an employment-based green card, the best course of action is to speak with our team! Schedule a consultation with one of our attorneys to get started!
