One of my friends who has an undergrad degree in mechanical engineering from India (STEM) and a masters degree in engineering management (STEM-from a reputed university) in USA is currently working as a software development project manager in a company here in U.S. on OPT.
The company he works for filed an H1B for him this year. The H1B was selected by USCIS but now he has received a notice asking for providing evidence.
The LCA filed by the company refers to the SOC (ONET/OES) Code 15-1199, computer occupations, all others, as most closely resembling the preferred position of software development project manager. But the job title as indicated on the LCA corresponding to that code is categorized as - computer application, all others - This title could not be matched with the Occupation outlook handbook (OOH) which is published by US Department of Labor. Therefore USIS only used the category of computer occupations to ascertain my friend’s job’s field and requirements as to whether he qualifies for that job or not.
USCIS believes that the job offered or the job related to the above mentioned SOC code is not a specialty occupation and does not require the services of a person holding at least a baccalaureate degree in the related field.
The description of education requirements on onetonline.org website for job code 15-1199 is: Most of these occupations require a four-year bachelor’s degree, but some do not. USCIS has asked for evidence showing that bachelor’s degree in a specific field of study or equivalent is a normal minimum requirement for entry and is the current standard in his company or in the industry.
In OOH there is a related job under management category (Computer and Information Systems Managers) that has a minimum requirement of bachelor’s degree. This category matches my friend’s job description but is under a different SOC (ONET/OES) code:11-3021. Now my friend has a couple of options:
- Focus on proving that his job matches the other SOC code (11-3021). Since the LCA was filed with another code is it possible to change that code now and what are the implications of that?
- Prove that the job he is performing requires at-least a bachelor’s degree in a specific field by:
a) collecting industry standard
b) submitting the details of the duties that he performs on a daily basis, proving how complex they are that they require atleast a bachelor or master’s degree in a related field of study.
Is there any other option that you would suggest on how to resolve this?