H1b visa for legal assistant, does it take that long?

Hi,

I hold a Masters degree I n business Law. I did a training in a Law firm And they hired me. They sponsored my h1b, we got a RFE regarding the speciality occupation and my degrees. We replied to the RFE with my degrees and the speciality occupation evidence. It has been over 4 months now that my case is under RFE review. I don’t know why it takes so long. Anyone is going through the same situation regarding h1b visa application for legal assistant/paralegal? Thank you

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If the RFE response was strong and confident, you will get approval any day now. This is a standard delay. Although I am not sure why the company has given you a ‘Legal assistant / paralegal’ title. It is weak like getting a secretary all the way from a foreign country. Your title should have been ‘International Legal Associate (Asia-Pacific and Europe)’. In that event, there would not have been an RFE

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu

Thank you Dr. Have you had any similar experience? The wait is just killing me. The evidence of my Masters degree equivalence was provided and evidence of an needed highly qualified legal assistant was also provided as the firm hired law schools students before for the position that it hired me for. If it is just the title which bothers them, it is unbelievable. Especially when the LCA was filled out and filled, at the title or position section regarding the legal industry, there were not many choices except attorney, judges, and other legal position as legal assistant, paralegal. Although, on the I129 form the firm put Legal advisor/assistant. Even on my contract. Indeed, we explained that my French degrees (iam from France) and skills combined with my US legal training was beneficial for the firm as it would like to develop a Francophile clientele and extend their business.
I am worried.

Law, lawyers, foreign legal experts are all a grey area for immigration officers. They think ‘legal assistant’ is a very soft skill, like a junior office administrator and that a US citizen must be given priority. You should not worry though as the RFE must have clearly explained why you are needed. They were confused, hence the RFE request, and an opportunity for the firm to correct your unique merit description. Be confident, feel confident and expect the best outcome.

Best wishes



Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu

Thank you Dr.