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H1B Specialty Occupation RFEs: How to Prove Specialization

Credential Evaluation, immigration, Visa Approvals

  • While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree.
  • Some employers will hire employees for this position without a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement.
  • The wage level set for this particular job is misleading. This was the case with computer programmers making level 1 wages that set off the string of RFEs last season. Just because a job is set at level 1 wages doesn’t mean it’s an entry level position – there are many factors that go into determining wage levels.
    • If you, or your employee or client receives a Specialty Occupation RFE, make sure to thoroughly read the passage from the Occupational Outlook Handbook about your client’s job to see if the discrepancy that triggered the RFE is in the text. Then, you will need to provide evidence that this job requires an advanced degree. Evidence includes the ad for the job and ads for the same job in similar companies with in the industry that shows the degree requirements. You can also include evidence that the employer in question has a consistent history of hiring employees to this position with this advanced degree as a minimum requirement. In addition to this evidence, you will also need an expert opinion letter that backs up the evidence provided. At TheDegreePeople, we work with experts who have the highest rate of success in answering Specialty Occupation RFEs. For a free review of your case, visit ccifree.com/ We have experts on hand to help you 24/7.]]>

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    Case Study: The Triple H1B RFE – OVERTURNED!

    Credential Evaluation, immigration, Visa Approvals

    Imagine an RFE that calls into question the beneficiary’s credentials, wage level, and occupational specialization that is virtually impossible to answer by its own guidelines. We saw them last year, and we have the experts with the highest rate of success to help overturn them. Coming up on RFE season, it’s important to keep in mind that many RFEs cannot be answered by their own instructions. The solution is to go back to the original H1B requirements and make sure they are clearly met, documented, explained, and backed up by expert opinion. To be eligible for an H1B visa, the job must be a specialty occupation, which means as a minimum requirement the employee must hold a US bachelors degree or higher or its equivalent in the field of the job. The beneficiary must have this degree or equivalency to meet H1B requirements, and the employer must pay the beneficiary prevailing wages and benefits for this position for companies of that size in that geographical location. In answering the Triple RFE, you need to do three things: First, the job in question must meet the criteria of a specialty occupation. This can be done in one of three ways:

    1. The job requires a US bachelors degree or higher.
    2. A US bachelors degree or higher is a normal minimum requirement for this position for the industry in similar companies.
    3. This particular job is uniquely complex so as to require a US bachelors degree or higher to perform its duties.
    Second, it must be proven that Level 1 Wages are the prevailing wage for this specialty occupation. For jobs set at Level 1 Wages, CIS is operating from the misconception that Level 1 Wages implies that the job is entry level. They’re wrong. That’s not how wage levels work. There are many factors that are taken into consideration when determining wage levels. You need to show that this is the prevailing wage for this position to meet H1B requirements. These first two issues can be addressed in one expert opinion letter. Third, the beneficiary must clearly meet H1B educational requirements. This means the beneficiary holds the advanced degree or its equivalent in the field of the H1B job. That means if the degree is from outside of the United States, in a different field than the H1B job, or incomplete, you will need to include a credential evaluation that fills in any gaps between the beneficiary’s education and H1B education requirements. This must take into account education that took place through work experience and a close evaluation of course content and classroom contact hours involved in the degree. At TheDegreePeople, we work with difficult RFEs every year, and we have the experts with the highest rates of success to help overturn them. For a no-charge and no-obligation review of your case, or your employee or client’s case, simply visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis and pre- evaluation.]]>

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    H-1B Support: Refuting the Specialty Occupation RFE

    Credential Evaluation, immigration, Visa Approvals

    specialty occupation according to USCIS statutes. Here is where it gets murky: There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute. INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty. Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.” In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:

    1. The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
    2. This minimum degree requirement is normal for this job in similar organizations in the industry.
    3. The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
    4. The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.
    If the job meets one of these four requirements – and the beneficiary meets the educational and experiential requirements as well – the job meets H-1B eligibility requirements. However, you will need evidence to back up that the specialization of the job in question is consistent with industry standards or employer hiring practices. This requires a detailed employer support letter, but CIS will NOT just take the employer’s word for it. Your RFE response must also include an expert opinion letter to back up that the job does meet H-1B specialization requirements. At TheDegreePeople.com we have experts on hand 24/7 to review your case and write the letter you need, or your employee or client needs to get that RFE overturned. Every year, we work with difficult H-1B RFE cases and we get them overturned virtually every time. For a no charge and no obligation review of your case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis and expert consultation on how to best proceed.]]>

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    Common EB2 Education RFEs and How to Preempt Them

    Credential Evaluation, immigration, Visa Approvals

    ccifree.com/. We will get back to your in 48 hours or less about whether or not EB2 educational requirements can be met. Often, all that is needed is the right credential evaluation that takes the beneficiary’s education and work experience, the job in question, specific EB2 requirements, and CIS approval trends into account to get that EB2 petition approved.]]>

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    Degree Equivalency or False Translation? – Find Out Now!

    Credential Evaluation, immigration, Visa Approvals

    kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same. The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency. For a free review of your case, or your client or employees case, visit ccifree.com/. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.]]>

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