H-1B RFE · Worker Qualifications
USCIS says the beneficiary is not qualified for the H-1B position?
Even when the offered job qualifies as a specialty occupation, the petitioner must separately establish that the beneficiary has the education, equivalent qualifications, license or other credentials required to perform that occupation.
The beneficiary must qualify for this particular specialty occupation.
The response should first identify what specialized degree or equivalent preparation the offered position requires. It should then show how the beneficiary’s actual education, training, progressively responsible experience or licensing satisfies that requirement.
A degree in an impressive field is not enough if it is unrelated to the position. Likewise, a foreign degree or combination of education and experience may require evidence explaining its equivalency under the H-1B rules.
Why USCIS may question beneficiary qualifications.
The degree field does not appear directly related.
USCIS may question how the beneficiary’s academic field provides the specialized knowledge required for the offered duties.
The foreign credential is not adequately evaluated.
A diploma alone may not establish that a foreign degree is equivalent to the required U.S. bachelor’s or higher degree.
Equivalency relies on education and experience.
The response may need to establish the nature, duration and progression of experience used in an equivalency analysis.
A required professional license is missing.
Where the occupation requires a state or professional license, USCIS may request evidence showing that the beneficiary possesses or can satisfy the applicable licensing requirement.
Build the qualification record from primary evidence outward.
The strongest record generally begins with the beneficiary’s actual academic and professional documents and uses evaluations or expert opinions to explain those documents where necessary.
- U.S. degree certificates and transcripts;
- Foreign diplomas, degree certificates and complete transcripts;
- Certified English translations where required;
- Credential evaluations addressing equivalency to the particular U.S. degree requirement;
- Employment verification and detailed experience evidence when progressively responsible experience is relied upon;
- Training records, professional certifications and specialized education where relevant;
- Licenses or other official authorization required to perform the occupation; and
- A written explanation showing how the beneficiary’s preparation corresponds to the specialized knowledge required by the position.
Do not rely on a credential evaluator to answer the legal question for USCIS.
An evaluation can explain education or equivalency, but the RFE response should independently identify the position’s qualifying degree requirement and explain why the beneficiary satisfies it.
If USCIS identifies a mismatch between the degree and the job, the response should explain the substantive relationship between the beneficiary’s coursework, training or experience and the actual duties rather than relying on degree titles alone.
A qualified job and an unqualified beneficiary still result in an approvability problem.
USCIS can accept that the position is a specialty occupation while denying the petition because the beneficiary does not meet the educational, equivalency or licensing requirements.
After a denial, the record should be reviewed to determine whether the issue resulted from missing evidence, an incorrect equivalency analysis, a legal error, or a genuine mismatch between the beneficiary and the offered position.