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H-1B Specialty Occupation Expert Opinion Letter

*Sometimes called an H-1B Expert Letter or a Specialty Occupation Letter.

What is an H-1B Expert Opinion Letter?
H-1B Trends: RFEs and Denials
Learn more

​​Between 2016 and 2020, denial rates had increased from the single digits (2010 - 15) into the double digits.  The highest year of denials was 2018 at a rate of 24% (NFAP 2022).  The reason for these increases were largely due to the United States Citizenship and Immigration Services (USCIS) seeking out a higher standard of proof for approving these petitions, as required by an April 2017 Presidential Executive Order  and subsequent USCIS memorandums.
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By 2021, the National Foundation for American Policy found that federal court decisions "returned H-1B denial rates for employers in FY 2021" to prior levels.  In 2021, for example, NFAP found that denials were approximately 4%.  

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According to a recent article in Forbes, "Higher fees and significant business immigration regulations" are anticipated in 2023 and beyond.  For employers, these hurdles represent significant costs in terms of delays, lost contracts, other issues.

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Political considerations coming out of the 2024 elections will likely lead to changes in timing, fees, and adjudication decisions leading to H-1B RFEs and denials.​

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ProfVal's analyses, freely, available on H1bexpert.com and our blog, show that H-1B workers make significant contributions to some of the nation's leading employers, including Fortune 500 companies, hospitals, universities, nonprofit organizations, and others. If you're interested to see the top employers of H-1B workers, check out our listing of top employers! (see top employers here)

Specialty Occupation RFEs, in depth

Understand what a specialty occupation RFE is, understand how to avoid or respond to one, and read immigration attorney insights*.

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Note: we do not offer legal advice.

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On H1Bexpert.com, learn more about how to find a home, get a loan, save for retirement, or get insurance.

A Specialty Occupation Expert Opinion Letter from ProfVal for an H-1B is used to address USCIS specialty occupation requirements related to a position and/or a beneficiary's qualifications.​​

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Your H-1B Expert Opinion Letter from ProfVal can help USCIS agents ascertain: i) whether your position meets specialty occupation requirements (an H-1B is a specialty occupation visa) and ii) whether or how you or your candidate’s credentials meet the criteria for the position offered.  Learn more about specialty occupation requirments.​​

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ProfVal’s Expert Opinion Letters will include an in-depth expert analysis completed and signed by a distinguished expert within the candidate’s discipline, typically a professor affiliated with an accredited public or private nonprofit U.S. college or university.  

 

An H-1B Expert Opinion Letter from ProfVal can thus help a USCIS agent understand your case and may reduce the probability of a Request for Information (RFE), rejection letter after an RFE, or other delays. 

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Experts affiliated with ProfVal have written letters on behalf of candidates now employed by Fortune 500 companies, consulting firms, small businesses, startups, colleges and universities, and nonprofit organizations.

H-1B History & Background

  1. History: how the H-1B was formed and its purpose

  2. Requirements for the H-1B visa

  3. Registration process and timeline

  4. Period of stay and family considerations

The top 5 reasons for an RFE

  1.  Specialty occupation position

  2. Employer-employee relationship

  3. Availability of work off-site

  4. Beneficiary qualifications

  5. Maintenance of status

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ProfVal's Expert Opinion Letters can help with Specialty Occupation and Beneficiary Qualification RFEs

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What type of H-1B Expert Opinion Letter do I need?

What must your letter address?

When requesting an RFE, the USCIS often requests evidence explaining either that the position is a specialty occupation or that both the position and candidate meet specialty occupation requirements. An H-1B EOL can address one or both of these concerns.

It needs to discuss the position & academic credentials

I need a Specialty Occupation (H-1B) Evaluation that discusses my academic credentials

This includes everything from a Standard Specialty (H-1B) evaluation along with a discussion of your academic credentials.

It needs to discuss the position only

I need a Standard Specialty Occupation (H-1B) Evaluation.

In a standard H1B Expert Opinion Letter, an expert discusses the position based on speciality occupation criteria.

You may need an academic transcript evaluation

A specialty occupation requires that a candidate hold the equivalent of a US degree

It needs to show the US equivalence of a foreign degree

You may need a work experience evaluation

Work experience can sometimes count for an academic degree 

It needs to discuss how work experience is equal to a degree

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