H-1B Approvals with Right SOC Codes

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H-1B Approvals with Right SOC Codes
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• Standard Occupational Classification codes or
  simply SOC codes are an integral part in hiring
  foreign nationals on H-1B visa. They are also one
  of the key factors in deciding your H-1B
  approvals. You might know that an employers
  failure in establishing the job as a Specialty
  Occupation can lead to an RFE. But, are you aware
  that it is one of the top 10 reasons to receive
  an RFE?
• Yes, USCIS has released a breakdown of why RFEs
  were issued for H-1B Petitions in FY 2018 out of
  which specialty occupation stands out as one of
  the top reasons.
• Specialty Occupation
• Specialty occupation is not new to US employers
  who hire foreign nationals. Any employer filing
  an H-1B petition should prove that the job
  specified is a specialty occupation. As per the
  USCIS, it should be as defined in section
  214(i)(1) of the Act 8 CFR 214.2(h)(4)(ii) and/or
  that it meets at least one of the four criteria
  in 8 CFR 214.2(h)(4)(iii).
• Bachelors or higher degree or its equivalent is
  normally the minimum entry requirement for the
  position
• The degree requirement for the job is common to
  the industry or the job is so complex or unique
  that it can be performed only by an individual
  with a degree
• The employer normally requires a degree or its
  equivalent for the position
• The nature of the specific duties is so
  specialized and complex that the knowledge
  required to perform the duties is usually
  associated with the attainment of a bachelors or
  higher degree.

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• In brief, it means that the job specified should
  require a U.S. bachelors degree or its
  equivalent in the relevant field of study. The
  job requirements must establish a direct
  connection between the work performed and
  educational qualifications. For example, a
  graduate in Mechanical Engineering will find it
  difficult to establish a direct connection for
  the role of a Software Developer, unless the
  beneficiary has taken computer science courses in
  his Mechanical Engineering curriculum.
• According to BLS, a Bachelors degree in Computer
  Science and strong computer programming skills
  are required for the role of Software Developer.
• Increase in Specialty Occupation RFEs. Why?
• What might be the reason for a drastic increase
  in specialty occupation RFEs during the past
  three years? One of the main reasons is Trumps
  Buy American and Hire American policy.
• In recent years, USCIS is following strict norms
  in adjudicating immigration cases. It includes an
  extra level of scrutiny in analyzing specialty
  occupations for which it primarily follows the
  DOLs statistical wing OOH (Operational Outlook
  Handbook). The key components that help in
  analyzing specialty occupations are Job Duties,
  SOC Codes, and Wage levels.

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• Job Duties
• Job duties specify all the roles and
  responsibilities of the position offered. A
  detailed specification of all the job duties is a
  key factor in analyzing specialty occupation. If
  the job duties are not broke down to finer
  details it can lead to an RFE.
• SOC Codes
• Standard Occupational Classification Code, this
  is a deciding factor for determining wages. SOC
  system is a standard classification used by all
  federal agencies to classify workers into
  occupational categories for the purpose
  of collecting, calculating, or disseminating
  data.The SOC code for major group (Arts, Design,
  Entertainment, Sports, and Media Occupations)
  is 27-0000.
• Lets consider, you have to look up SOC code for
  Graphic designers, this is how the classification
  of codes work
• The SOC code for major groups (Arts, Design,
  Entertainment, Sports, and Media Occupations)
  is 27-0000
• SOC code for minor group (Art and Design Workers)
  is 27-1000
• SOC code for Broad occupation (Designers)
  is 27-1020
• The ultimate SOC code for detailed occupation
  (Graphic Designers) is 27-1024.00

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• Wage Level
• Each job category has four different wage levels,
  starting from Level 1 to Level 4. In a direct
  sense, prevailing wages imply significance of the
  position offered. Here are the three key factors
  that guide employers in determining wage level
• Nature of the job offer
• Work location of the job
• Job responsibilities
• If we analyze specialty occupation RFEs in recent
  years, we can understand that USCIS may reject
  H-1B visa if the wage levels offered for the job
  is not matching the job responsibilities. The
  actual wage offered must either match or exceed
  the prevailing wage for that job relevant to its
  immediate location.
• Where Employers Go Wrong?
• Assigning a Right SOC Code
• Employers or attorneys who are filing H-1B
  petitions face challenges in the getting SOC code
  right. Why? There are several reasons to it. One
  of them is picking the SOC code based on Job
  title, instead of job duties. But, one has to
  remember that SOC codes should match Job duties.
  A great place to look up for SOC codes that match
  your job duties is ONet. This is where the
  employer has to compare the job duties with all
  the similar duties available in ONet. This is a
  challenging task that may lead to manual errors
  and H-1B petitions may end up in RFEs.

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• OnBlicks SOC Predictor Wage level Calculator
• OnBlick is a SaaS-based application designed and
  developed for guiding organizations in attaining
  compliance. It is enhanced with features that add
  tremendous value to organizations. One such
  feature is SOC Predictor and wage level
  calculator. It assimilates data from the
  regulatory sources such as ONet/FLC
  Data/BLS.gov and suggests appropriate SOC codes
  that match the actual job duties using AI
  technologies. Not just that, it even recommends
  prevailing wage levels based on the type of
  duties the beneficiary has to perform. This
  avoids any potential errors in the selection
  of SOC codes and wage levels.
• Be it attorneys or employers, you can save a lot
  of time and can assign appropriate SOC
  codes using this intelligent system. This H-1B
  Cap season, dont let an inappropriate SOC code
  or wage level be the reason for your H-1B denial.
  Integrate with OnBlick today.