A Loosely Chosen Occupation Code Drew an RFE — H-1B Transfer Approved Six Business Days After Our Response

The applicant had a solid background and the employer was a multinational company. So why did this H-1B transfer receive a Request for Evidence? Prior counsel's loose choice of occupation code meant the position's specialized requirements were never accurately presented.

The Sophie Zhang team recently resolved an RFE on an H-1B change-of-employer petition (an "H-1B transfer"). The petition was originally filed by another attorney, and the client engaged us after receiving the RFE. Keeping the original occupation code, we built the response around the position's specialized requirements. The petition was approved on September 8, 2026, six business days after our response was mailed to USCIS.

Timeline

• December 22, 2025: H-1B transfer petition filed (by prior counsel)
• June 8, 2026: RFE received
• June 10, 2026: Client engaged the Sophie Team
• August 28, 2026: RFE response mailed
• September 8, 2026: Approval notice (six business days after the response was mailed)

Client background

The beneficiary has a combined background in economics and statistics. The employer is a multinational in manufacturing and research, and the actual position is operations and strategy analyst. Prior counsel, however, had filed the initial petition under the Management Analyst occupation.

The challenge

The Management Analyst occupation covers a wide range of work. The difficulty was to show, without materially changing the original petition and while keeping the same occupation code, that this particular position meets the legal definition of a specialty occupation. H-1B review looks both at the beneficiary's qualifications and at whether the position itself is a specialty occupation. Even when the beneficiary holds a relevant degree, the record still has to explain what specialized knowledge the job requires and how that knowledge is applied in day-to-day duties.

Management analysts are not barred from H-1B. The Bureau of Labor Statistics occupational profile lists a bachelor's degree as the typical entry-level requirement and names several fields of study that may apply. So the specific duties and requirements of the position have to be explained on their own facts. The occupation title alone settles nothing.

Strategy

The client engaged us two days after receiving the RFE. We quickly identified the core question: keeping the Management Analyst code, what else did the response need to make clear to answer USCIS's concerns?

The law sets out the standard. The key to an RFE response is how that standard is translated into evidence. We studied decisions of the USCIS Administrative Appeals Office (AAO) and relevant federal court cases, focusing on which evidence was accepted, which explanations failed to persuade, and why.

For example, an expert opinion letter cannot simply say "this position requires specialized knowledge." It has to explain why, with reference to the actual duties and to data or research. The basis for a conclusion matters more than the conclusion itself.

That research set the direction for gathering evidence and building the argument, so the response addressed the RFE's concerns directly, explained the position's specialized requirements clearly, and supported them with documents.

We mailed the response on August 28, 2026. USCIS confirmed receipt on September 2 and approved the petition on September 8. Counting from the first business day after mailing, the approval came in six business days.

Attorney perspective

When preparing an initial or transfer petition, define the job description and occupation classification precisely. For roles where analyst, operations, and strategy duties overlap, choosing the category requires understanding the company's business, the actual duties, and the specialized knowledge the work requires. Picking a code without that analysis can easily lead to an RFE, or even a denial.

If you have already received an RFE, the response should be planned around the specific issues in the notice, the materials already filed, and the actual job. A choice as simple-looking as an occupation code is exactly where an attorney's experience, care, and skill show.

If you would like your H-1B case evaluated, or have already received an RFE, please contact our team. We will analyze the key issues in the position and the filing and propose a professional solution.