In both immigrant and non-immigrant visa processes, it’s important for employers to create job descriptions that are detailed and specific enough to help reduce processing delays and unexpected costs. Ambiguity or the inclusion of “soft skills” (e.g. “Strong communication” and “enthusiastic collaborator”), can lead to challenges from the government in the form of Requests for Evidence (RFEs) or Audits.
While creating a strong job description can take time, once finalized, these job descriptions can be part of your larger immigration strategy that ultimately reduces delays, and helps your company build strong roles that can easily be referenced and used for future immigration cases. To help you in the process of creating a strong job description, we’ve outlined some general recommendations below.
An employer should include 5-7 job duties that detail specific actions, list the technical aspects of the position, and are clear and definite. This allows the government officer reviewing the case to easily determine if the job qualifies for the immigration benefit sought. Employers can review the Occupational Outlook Handbook or O*NET Summary Report to gain a sense of typical job duties and degree fields required for similar roles.
Education and Experience
You’ll then integrate the aspects of the role’s education and experience requirements into the job duties. The candidate should be a clear choice for the job without having to state it. For example, if the position is for a Marketing Manager, what specific marketing duties will they be performing? Ask yourself, is it clear from the duties listed that a degree in Marketing or closely related position would be required?
“Energized”, “intellectually curious” and “imagining” are soft skills that can apply to many candidates. It’s best to leave these soft skills out of job descriptions for employment based visas, and focus on job duties that include hard skills., For instance, instead of saying that the Marketing Manager will “Work well with a team,” ask what will they be doing that requires them to work well with a team? Is it to “consult with product development personnel on product specifications” or will they be “working with developers, advertisers, or production managers, to market products or services?”
A strong job description might look something like this:
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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.