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USCIS Reverses Denial Of H-1B Visa For Engineering Job

USCIS Reverses Denial Of H-1B Visa For Engineering Job

An appellate office within U.S. Citizenship and Immigration Services has reversed the agency’s denial of an H-1B visa petition by a geotechnical and geophysical engineering consulting firm for an engineer-in-training job in Texas, finding the company used the correct wage level for the job.

USCIS center in Vermont erred by rejecting the petition filed by BC Inc., as the company adhered with the correct, five-step procedure for determining the appropriate wage level for the job, the agency’s Administrative Appeals Office held.

The Vermont center rejected the petition after comparing the duties BC said the job would entail with the U.S. Department of Labor‘s generic description of a Level I wage, according to the AAO’s order. But the center should have conducted its review by comparing the job attributes and requirements indicated by the company with the general duties and requirements listed for the most similar position in the federal Occupational Information Network, or O*Net, according to the order.

“As the proffered position does not require experience, education, special skills or supervisory duties beyond those listed in the related O*Net occupation, it is properly classified as a Level I wage,” the order reads. “The petitioner has demonstrated that the submitted [labor condition application] corresponds to the petition.”

The AAO reached the opposite conclusion in another H-1B visa petition it issued an order for on Thursday, holding that securities company GJS USA Inc. misclassified its investment banking analyst position as a Level I job.

Attributes that GJS listed as necessary for the job, such as a graduate degree, went above the requirements for a Level I job, and should have prompted the company to identify the position as a Level II job, according to the AAO’s order.

“Because the education requirement contained in the appendix indicates that the usual education level for a financial analyst is a bachelor’s degree, the petitioner’s master’s degree requirement warrants a one level increase in the wage,” the order reads. “For this reason alone, the petitioner’s designation of the proffered position as a Level I wage was not correct and the petition is not approvable.”

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