This client, a marketing consulting company, had a previous H-1B denied for its Advertising Specialist position. That case was done by another lawyer.
Because most marketing positions require only a generalized business degree, these cases are often difficult to be approved by USCIS. We re-filed the case for the same position and occupation (Market Research Analysts and Marketing Specialists), believing a focus on the company’s past practice would satisfy the requirement for finding an H-1B specialty occupation. USCIS issued a Request for Evidence (RFE), stating that the employer did not establish that the Advertising Specialist position was a specialty occupation. We responded to the RFE by reminding USCIS that the employer need to meet only one of the four criteria to show an H-1B specialty occupation. In addition to establishing the employer's established past practice, we provided a legal argument about the fallacy of solely relying on the Occupational Outlook Handbook. We also demonstrated how the specialized complexity of the employer’s business and job duties required knowledge attained from a bachelor or higher degree in marketing, business administration, or related, which was further supported by an expert opinion. The H-1B case was approved.
H-1B cases are getting much harder to receive approval. Many tech H-1B petitions have been denied by the USCIS.
Don’t take your H-1B petition lightly just because you have a science/tech degree or you work in a big tech company.