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Strategies for Drafting Winning Job Descriptions for H-1B Visas

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Job descriptions are the key to obtaining an H-1B visa. USCIS will issue an RFE or denial if it is vague. Improper ones can result in site visit investigations and result in fraud determinations. Many do not

consider them and receive incredible but avoidable frustration.

Job descriptions are essential for obtaining a visa and recruiting the right person for the job. The best understanding is to understand how to perform its services best. Using a holistic approach to describing its positions is a good starting point.

A job description must outline the job duties and the requirements. Making it clear or not vague is providing detail, for example. Simply speaking, in the tech sector, you may want to hire a developer

or a Java Developer. The latter includes specificity that indicates the position is genuine. To further divide the duties into components and compare them to the Occupational Outlook Handbook, as that is what USCIS will look at when determining whether your position meets the requirements of an H-1B specialty occupation.

The OOH under the Software Developer position states:

  • Software developers typically do the following:
  • Analyze users’ needs and then design, test, and develop software to meet those needs
  • Recommend software upgrades for customers’ existing programs and systems
  • Design each piece of an application or system and plan how the elements will work together
  • Create a variety of models and diagrams (such as flowcharts) that show programmers the software code needed for an application
  •  Ensure that a program continues to function normally through software maintenance and testing
  • Document every aspect of an application or system as a reference for future maintenance and upgrades
  • Collaborate with other computer specialists to create optimum software.

You don’t want to adopt this language. First, USCIS will say you just adopted the language from the OOH and infer you don’t have actual job duties. Also, these duties are vague in that they have no specified. USCIS relies on job duties that they would not approve of themselves.

You can use them to compare with your company’s needs and describe them in a manner that will be acceptable to USCIS. An excellent way to do this is to determine which components are the same

or similar. For example, your developer may analyze, design, test, and develop software as indicated

in the top bullet. They don’t need to do all of these things. But what they do will be more specific.

For example, analyze the company’s financial client’s needs to develop or modify fintech applications. You can discuss current or previous client projects by adding a sentence. Such as, “Current and previous clients include: CitiBank, the State of Kentucky, Frist Bank of Hometown over

the last three years.” You may want to add, “Company has ongoing projects and renewable contracts for the next five years.” You can add specifics such as adding technology programs or languages. For example, “Evaluate existing software or stack of software that existing applications

are built to determine how to design and build applications. Must be able to use and understand JavaScript, Python, FinTastTech programs.”

USCIS wants to understand the percentage of time each component will comprise for the position. You can use language, “This component comprises 20% of the position.”

You can add the degree requirements for each component or the position as a whole. You can focus on one degree or a few, and you may consider keeping it broad enough to fit other future employees without making it so wide that it is not specialized enough. “This component or position

requires the knowledge obtained in a Computer Science, Electronics, Engineering or similar degree.”

Repeat this process with each of the other relevant components. For example, take “Design each piece of an application or system and plan how the pieces will work together” and change to something like, “Design, develop or modify fintech applications for company’s financial clients

including or similar to its current and former clients CitiBank and Wells Fargo using Java, Python, Ruby, and C++ languages. This component comprises 50% of the position and requires the knowledge gained through a degree in Computer Science, Electronics, Engineering or similar

degree.”