In this post, we discuss the top most commonly denied specialty occupations for the H-1B visa program. Don’t be caught in the dark. For more information just keep on watching.
0:19 – Marketing Manager
0:47 – Business Development Manager
1:12 – Technical Writer
1:37 – Computer Programmer
1:56 – Financial Analyst for Business
2:36 – Sales Positions
2:56 – Arts and Fashion
These occupations have been repeatedly denied over the years during H-1B filing season.
- Marketing Manager: It is very difficult to receive an approval with this occupation because USCIS has claimed that on the Occupational Outlook Handbook (OOH), the occupation of marketing manager does not require the individual to have a specific degree or a bachelor’s degree at all.
- Business Development Manager: This occupation falls under the Market Research Analyst category. We have seen quite a few denials associated with this occupation within the past 2 years. It is difficult to receive an approval for market research analysts, and the rate of requests for evidence issued for this occupation have increased tremendously.
- Legal Technical Writer/Technical Writers: We have seen increasing denials associated with this occupation since the last filing season. Extensions have also proved difficult to receive for this occupation. The common reason for denying this occupation is also that the OOH does not require the individual to have a specific degree or a bachelor’s degree at all.
- Computer Programmer: Based on recent memos issued by USCIS it is very difficult to receive an approval for this occupation because USCIS does not think that a bachelor’s degree is required for this position.
- Financial Analyst for Business: We have seen denials for financial analysts seeking to work for a business that isn’t involved in the financial sector. This applied in a situation where the beneficiary was seeking a financial position within a large restaurant. In this situation, USCIS has questioned whether the degree is a specialty occupation because although the position requires a bachelor’s degree, within the restaurant industry it is not common to require a degree for the position.
- Sales Positions: It is very difficult to receive an H-1B for a sales position. We would recommend reconsidering applying for the H-1B visa, or changing your position based on your job description.
- Arts and Fashion: Positions that are not specifically geared toward fashion design or graphic design are increasingly scrutinized by USCIS.
If you have questions regarding your H-1B position, please contact our office for a free consultation.