Request for Evidence in New H-1B cases

The season for new H-1B Request for Evidence is approaching. Because we cannot control who will make it to the lottery, petitions are often filed in bulk. And Citizenship and Immigration Service looking at small company H-1Bs, issues Request for Evidences, and very often a denial after that.
Its always the small companies that get these insane Request for Evidences. They state:

1. This is not a specialty occupation: Commonly given for Computer professionals, there is no objective criteria to define this. We have had the exact same complex job go through with one adjudicator, and not with another. Generally though, if the pay is high, the petition does go through. The problem is that while filing, the petitioner does not know who will get in, and does not want to promise a lot of money for someone who they may not like.
2. The Beneficiary is not qualified: Recently the Citizenship and Immigration Service has been holding that anyone with a Bachelors in anything other than computer science is not qualified. Unless they have more than 12 years of experience.
For both these above types of Request for Evidence, one can give expert opinions. But often, especially with small Computer Consulting Company, the officers have already made up their mind, and will deny, no matter what evidence you give.
I know small Computer Companies are very often fraudulent, and I am not defending them. I do wish though that the Citizenship and Immigration Service would give objective criteria and also allow substitution in the lottery process.

For more information, contact Banerjee & Associates