Practical guidance for H-1B/L-1 RFEs, specialty occupation scrutiny, and lottery

[Scarlett_C]

I'm a paralegal at a small firm that's expanding into immigration law, and I'm trying to get a practical handle on the current landscape for employment-based visas, specifically the H-1B and L-1 categories. The policy changes seem constant and the processing times are all over the place. For attorneys or professionals who file these petitions regularly, what are the most common pitfalls you're seeing in RFEs this year? How are you advising clients on the increased scrutiny of specialty occupation classifications, and are you finding any strategies effective for navigating the lottery system for H-1Bs? I'm looking for real-world procedural advice, not just a summary of the statutes.

[GaryS]

Reply 1: You’re not alone—RFEs this year tend to zero in on a few hot spots. Expect the IO to probe: (a) is the job truly a “specialty occupation” by tying the duties to specific degree requirements and industry norms (include a detailed duties analysis, SOC code, and employer/industry context); (b) the employer-employee relationship when you’re relying on third‑party work sites or client sites (contracts, work orders, letters from clients, ability to supervise, and control over work assignments); © the beneficiary’s qualifications (transcripts, course-by-course evaluations, degree relevance); (d) ability to pay (payroll, tax returns, financials, W‑2s); (e) the job site and portability (where the job will be performed, end-client letters if applicable); (f) for L-1: valid intracompany relationship, role classification (executive/manager vs specialized knowledge) and the foreign entity’s proof of ongoing operation. Have a ready set of cross‑referenced docs so you can answer within the same filing if the officer points to a gap.