Ni: USCIS logic equating Level 1 wages to non-specialty occupations is faulty
Ting Ni · Immigration Shifts 2019: Prep & Resources for Startups · Jan 21, 2019 · at 23:55
Ting Ni, Principal at ImmiPartner, discusses USCIS immigration challenges regarding wage levels for tech startup H-1B visa petitions.
0:00 / 0:30exact quote · 30.1s
▶ Watch the full episode on YouTube → 720p mp4 · rendered on demand · StarZero watermark
“The first USCIS challenge we see in the wage level category is this idea that Because an H-I-B position has a level one wage, it's not a specialty occupation, meaning any entry level position is by default not a specialty occupation, which is really faulty logic because they're applying this to positions like for physicians, for lawyers, for senior engineers, where, you know, the basic minimum threshold for entry is probably grad school, you know, beyond that bachelor's, but they're making this argument.”
quote is from the automated transcript, cleaned for reading: filler sounds and stutters are removed, nothing is rephrased. names can be misheard (the analysis reads context, assessments check outside sources). how →
More from Ting Ni
Ni: USCIS H-1B Request for Evidence rates jumped to 68.9% in 2017
“In Q-III, for all the H-I-Bs that were filed, 22.5% received RFE's. It's a little bit higher than the Q-II and the Q-I figures of 13.5 and 17.3% respectively, But it's still within the realm of reason. Fast forward to Q-IV, when everything kind of started happ…”
Ni: USCIS Googles startups to verify H-1B filings match public postings
“Because USCIS do Google companies and confirm whether what you're submitting matches with what you're putting out there to make sure that you're putting the right thing out there from the get-go.”
Ni: Filing H-1Bs under computer programmer SOC code risks RFE or denial
“So if you file an application with a computer programmer code instead of a software engineer code, you're very much going to get an RFE, if not a denial.”
Ting Ni argues immigration strategy should be a key employee retention tool
“Immigration should really become a key aspect of your retention strategy for your employees.”