Sheila Danzig

Next Tuesday March 9^th USCIS begins accepting electronic H-1B registrations at noon Eastern Time.  Registrations will be accepted through noon Eastern Time on March 25^th.

What YOU need to know about registering:

• ONE REGISTRATION PER BENEFICIARY!  If more than one registration is filed for a beneficiary all registrations for that beneficiary will be disqualified.
• There is a $10 registration fee per beneficiary.
• Petitioners must create a myUSCIS account to access the registration portal.
• On March 31^st USCIS will begin notifying registrants that have been selected and the following day USCIS begins accepted completed H-1B petitions.

The advanced degree cap of 20,000 H-1B visas will be selected first.  Those not selected will be incorporated into the subsequent regular cap of 65,000 visas.

While those selected will have 90 days to file the completed H-1B petition, we recommend having the completed petition ready as soon as possible.  The RFE rate is still high and we have seen as many as three rounds of RFEs before visa approval.  Make sure all answers are consistent across documents when you file.  Inconsistencies are a big red flag that triggers a scrutiny of the petition which leads to difficult RFEs.  Make sure all any weaknesses in your case are identified and fortified before you file. 

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

Last year, USCIS implemented an online registration process for H-1B cap-subject petitioners to streamline the process.  Applicants register online BEFORE the lottery and if selected, then they have 90 days to file a completed H-1B petition.  This process will be repeated this year for FY2022 applicants and is likely to become the new normal. 

Here is what you need to know:

USCIS accepts online registrations starting on March 9^th at noon Eastern Time.  Registration closes March 25^th at noon Eastern Time.

Petitioners filing on behalf of H-1B employees must register online through USCIS.gov by creating a myUSCIS account at www.myaccount.uscis.gov/users/sign_up.  Petitioners – also known as registrants – will submit company information along with a $10 registration fee for each beneficiary.

Only submit ONE registration per BENEFICIARY.  If a beneficiary has more than one registration, they will be disqualified.

The 20,000 visa advanced degree cap will be selected first followed by the 65,000 visa regular cap.  This will give beneficiaries with advanced degrees two chances at being selected in the randomized lotteries.

On March 31, USCIS will notify registrants that they have been selected to file a complete petition.  The following day, on April 1^st, USCIS will begin accepting full H-1B petitions for FY2022.

Do not hesitate to file the completed petition.  We anticipate RFE rates to be high again this year, and we have seen as many as three rounds of RFEs before visa approval.  Be sure to identify weaknesses in your case and anticipate any additional evidence or documentation you will need BEFORE you file.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

USCIS begins accepting electronic applications for H-1B cap-subject petitions NEXT MONTH.  Even though applicants do not file a completed petition until having been selected in the lottery, it is time to identify potential case weaknesses and how to fortify them before you file. 

A common and persistent issue H-1B applicants run into every year occurs when the beneficiary’s education is not a US degree earned in the exact field of the H-1B job.  Education RFEs arrive when:

• The beneficiary has a degree earned outside of the United States, ESPECIALLY if it is a 3-year degree.
• The degree is in a field other than the exact field of the H-1B job, even if it is related.
• The degree is in a generalized field.
• The beneficiary has incomplete college or no college at all.
• The degree was earned at an unaccredited institution.

If any of these situations apply to the beneficiary, an essential component of any successful H-1B petition is a detailed credential evaluation.  This evaluation must show that the beneficiary has the educational background equivalent to the needed degree in the exact field of the H-1B job in terms of US academic standards.  This means taking course content, progressive work experience, and other professional training into account.  The evaluation must be written uniquely to address the situation, addressing the beneficiary’s job, education, and work experience, as well as H-1B visa requirements and USCIS approval trends.

At CCI TheDegreePeople.com all of our credential evaluations are researched and written uniquely so as to address each applicant’s specific situation.  We work with professors with the authority to convert years of work experience into college credit to fill in any gaps between the education the beneficiary has and the education the beneficiary needs.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

It’s nearly February, and that means the electronic application for H-1B cap-subject submissions is coming right up.  At the same time, the Biden Administration’s Chief of Staff Ronald A. Klain instituted a regulatory freeze through a memorandum.  That means Final Interim Rules restricting the employer-employee relationship and specialty occupation requirements and changing the selection process to prioritize higher wages have been put on hold for review.

The good news is that petitioners don’t have to have their full H-1B petition complete until after the H-1B lottery.  That means you can file the electronic application, pay the $10 fee, and if selected you have 90 days to file with a clearer view of the statutory landscape.

However, we recommend having the completed petition ready to file as soon as possible.  The rate of RFEs and difficult RFEs is still high, and petitioners have seen as many as three rounds of RFEs before visa approval.  This delays employee start dates and interrupts company workflow.

If you are planning on filing a completed petition this H-1B cap-subject season, make sure to prepare to have additional evidence and documentation to support the specialty occupation, wage level, and employer-employee relationship requirements.  These have come under fire in recent years and can be addressed with added documentation and an expert opinion letter written by an expert in the field of the H-1B job with extensive field and leadership experience including making hiring decisions regarding the H-1B occupation.

Every year, we advise to fill in any gaps between the education the H-1B employee has and the exact US degree in the exact field and the H-1B job.  This means degrees earned outside of the US, degrees in related fields, degrees in generalized or unrelated fields, incomplete college, unaccredited college, and no college at all are all situations that require a credential evaluation.  This evaluation must take the job, the degree, work experience and course content, the visa, and USCIS approval trends into account.

At CCI TheDegreePeople.com we work with RFE and Denial cases every year, and we know what additional documentation and evidence is needed to fortify your case to prevent them.

Let us review your case for free before you file.  Visit www.ccifree.com and we will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

When USCIS finds one problem with an H-1B RFE, they tend to find more because it triggers a scrutiny of the case.  In recent years, difficult RFEs that raise two or more issues have become more and more common, including the Triple Threat RFE and the classic Nightmare RFE.  These RFEs are virtually impossible to answer by their own guidelines in the timeline allotted.  So how can petitioners successfully answer them?

1. Read the RFE and then put it down.

DO NOT get caught up in the wording.  Understand the areas of the case that the RFE is calling into question – even if it is ALL of them – but don’t overthink it.  Make a list of the petition areas that need more evidence and documentation, but don’t get caught up in the RFE’s wording because it will paralyze your response.

2. Go back to the original H-1B eligibility requirements and USCIS approval trends.

One you have identified the areas of issue in the petition, go back to the basics and see what specific H-1B eligibility requirements you need to prove are met for visa approval.  At CCI TheDegreePeople.com, we always keep an eye on USCIS approval trends because the norm has been to restrict H-1B eligibility requirements.  Specialty occupation, degree specialization, employer-employee relationship, and wage level eligibility have all been restricted by USCIS approval trends and new rules codifying the trends we have been seeing for years.  Understand the requirements your revised case must meet.

3. Gather and submit additional evidence and documentation for issue areas indicated in the RFE.

For education issues, include a credential evaluation that shows the beneficiary has the educational equivalent of the required specialized degree by US educational standards.  For specialty occupation and wage level issues, include an expert opinion letter that lends weight to the case along with additional documentation.  For specialty occupation, that means proof that an advanced degree as a minimum requirement for entry into the position is an industry standard, company standard, or a justifiable unique situation.  For wage level issues, include a breakdown of the factors that went into setting the wage level.  For employer-employee relationship issues, show how the employer will be able to control the employee’s work for the duration of the H-1B visa, including when work is being performed at third-party worksites.  For consulting firms, include a complete itinerary of the work to be performed for the duration of the visa along with client and customer contact information.

At CCI TheDegreePeople.com we work with difficult RFEs every year.  We can help you identify points of weakness in your case and advise what additional evidence and documentation to include to prevent, answer, or prevent a second round of difficult RFEs.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs, NOIDs, and Denials for work visas.

Expert opinion letters have proven the most effective strategy to prevent and answer specialty occupation and wage level H-1B RFEs.  However, USCIS will not accept just any expert opinion letter as credible.  What goes into the RIGHT expert opinion letter requires the right kind of expert and as much information as the petitioner can provide them.

Choose the RIGHT Expert

USCIS will only give weight to expert opinion letters written by those who have extensive experience working in the field of the H-1B job.  Instructors without field experience will not cut it.  The expert should have recognition in the field and have held positions of leadership wherein they had to make hiring decisions regarding the H-1B position in question and supporting positions.  This gives credibility to their opinion about the minimum qualifications necessary to fulfill the roles and responsibilities of the position, and about how wage levels for the position are set. 

Give the Expert the Information Needed to Write the RIGHT Letter

Once you find the right expert to write the opinion letter, the letter itself will only be as good as the information you provide.  This means providing information about the employer, a detailed breakdown of the duties and responsibilities of the H-1B position, past hiring practices, and the beneficiary’s educational background.  The more information you can provide the expert the better the opinion letter will be.  The expert needs to be able to explain how the wage level was set, and how specialized skills learned through the indicated degree program apply to the precise duties and responsibilities of the H-1B job.

At CCI TheDegreePeople.com we work with the RIGHT kind of experts in all H-1B fields.  We can help you gather the evidence and documentation needed for a strong expert opinion letter and identify areas of weakness in your case to address.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

Last year, USCIS introduced the electronic filing process where H-1B petitioners file a short, electronic application with basic information about the business and the beneficiaries along with a $10 fee.  If selected, the petitioner would have 90 days to complete and submit the full petition.  This process will continue this year and expected to be the new normal.  However, along with this change come two others that will significantly impact the H-1B visa program.

1. Regular cap petitions will be selected first, followed by the advanced degree exception selections.  Reversing this process gives petitioners with advanced degrees a higher chance of being selected.

2. The petition selection process will prioritize higher wages.  This will be the case for both the regular cap and the advanced degree exception.  This means no more randomized lottery.  Selections will be made to prioritize advanced degrees and high-paid workers. 

These rules will only impact cap-subject H-1B petitioners, and they may not last through the change of presidential administrations.  They are also vulnerable to challenge in court.  We hope that these two changes don’t survive long enough to impact the H-1B program, STEM industries, and the US academic system in the damaging ways they threaten to.

At CCI TheDegreePeople.com, we will continue to follow any new rules that will impact the H-1B cap-subject filing process for FY2022.  We anticipate high levels of RFEs again this season as the general trend throughout the exiting administration has been to restrict the H-1B visa program.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

The easiest way to address an education RFE is to avoid one in the first place.  If you are, or if your employee or client is applying for H-1B visa status, here are three circumstances in which an credential evaluation is essential to preempt any education issues on the road to visa approval:

1. Three-Year Bachelor’s Degree

If the H-1B worker has a three-year bachelor’s degree a credential evaluation is needed to account for the missing fourth year.  This is even the case if the three-year program had the same or greater classroom contact hours than a traditional US four-year program.  A work experience conversion where three years of work experience in the field of the H-1B job is converted into one year of college credit in that degree specialization is needed to account for the missing fourth year.  This conversion can be completed by a professor authorized to grant college credit for work experience.

2. Degree Earned Outside of the United States

An academic credential evaluation must be written to clearly show USCIS what this foreign degree means in terms of US educational standards.  Sometimes the evaluation is straightforward.  Sometimes, a work experience conversion, a close examination of course content, or citing precedent decisions and federal caselaw is needed.

3. Mismatched Degree Specialization

For over five years, USCIS has been issuing education RFEs if the degree specialization is not an exact match for the H-1B job, even if it is in a related field.  This is a problem because employers will hire workers with degrees in related specializations, but then USCIS will not approve their visas.  To address this issue, a detailed credential evaluation is needed to write the equivalent of the required degree in the exact specialization of the H-1B job.  This requires a close look at course content, additional training and education in the field, and often a work experience conversion.

All of these situations require an academic credential evaluation written uniquely to address the beneficiary, the visa, the job, the education, and USCIS approval trends.  Even if the H-1B beneficiary has no college, incomplete college, or a degree from an unaccredited institution, the right evaluation can show how their non-traditional pathway through education has qualified them for the H-1B job in terms of US academic standards.

At CCI TheDegreePeople.com, all of our credential evaluations are written uniquely by expert evaluators.  We work with professors who have the authority to make work experience conversions.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

US District Court Judge Reggie B. Walton upheld the STEM OPT program by the Department of Homeland Security in a lawsuit brought against the department by the Washington Alliance of Technology Workers.  This ruling upheld that foreign graduates of accredited US academic institutions with STEM degrees work in the United States for up to three years post-graduation.

This ruling comes with some history and some unlikely characters.  In 2008, DHS enacted the STEM OPT rule which allowed OPT workers with STEM degrees to apply for an additional 17 months of OPT.  The Washington Alliance of Technology Workers sued claiming that this rule exceeded the department’s authority.  The courts upheld the rule but declared that DHS did not meet obligations for notice and comment before codifying the rule.  Ultimately, this backfired from Washington Alliance because in 2016, DHS met notice and comment obligations when it proposed the current STEM OPT rule, which increased the extension to 24 months.

Again, the Washington Alliance of Technology Workers sued claiming the rule exceeded the authority of DHS.  Who came out in defense of the rule?  The National Association of Manufacturers, the US Chamber of Commerce, and the Information Technology Industry Council gave their input that the extension program is beneficial to the country’s STEM industries, education system, and economy.  An unlikely suspect – the Trump Administration – also came out in support of the STEM OPT extension.

While the Washington Alliance of Technology Workers is not expected to back down, this is good news for STEM OPT program applicants and the employers that hire them.  To apply for a STEM OPT extension, applicants must be in a valid period of OPT and have earned at least a bachelor’s degree in a STEM specialization from a US Department of Education-recognized accredited academic institution.  Practical training must be directly related to the STEM degree and the employer must meet specific requirements and responsibilities, including the training obligation.

If you are currently in OPT for a non-STEM degree but have earned a STEM degree in the United States, you may still be eligible for the STEM OPT extension, provided that the STEM OPT job is directly related to the STEM degree. 

If you, or if your employee or client is having OPT or STEM OPT issues, visit www.ccifree.com for a free review of your case.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

Every year, USCIS rolls out more monster RFEs that are impossible to answer by their own guidelines.  This includes the Nightmare RFE that has everything and its mailman in it and the Triple Threat RFE that calls wage level, specialty occupation, and education into question.  What happens when these two are wrapped up in one?

This nightmare of all nightmare RFEs is a panic attack.  However, the two together is not much different than one or the other.  Since the Nightmare RFE is virtually impossible to answer by its own directions in the timeline provided, a different approach is required, one that addresses all three issues tied in with the Triple Threat.

The key is to put the RFE down and go back to the original H-1B eligibility requirements and work from there.  Make sure that all criteria are met with added evidence and documentation.  If there are multiple ways to meet a requirement – like the specialty occupation requirement – pick two.  Include a credential evaluation filling in any gaps between the beneficiary’s degree and the specific advanced degree required for the position AND the visa.  Include an expert opinion letter covering specialty occupation and wage level issues.  Document the employer-employee relationship, especially if the position is at a consulting firm and ESPECIALLY if the H-1B employee will spend time at third party worksites.  You need to show how the employer will be able to control the work of the H-1B employee even offsite.  Include a complete itinerary of the H-1B employee’s work including contract contacts for the duration of the three-year H-1B visa period.  Make sure all answers are consistent across documents. 

The burden of proof on the petitioner has dramatically increased since 2017.  We are here to help.  At CCI TheDegreePeople.com we work with monster RFEs every year with a 96% success rate. 

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.