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Sheila Danzig

H-1B News: No Second Lottery for FY2023

In total, around 484,000 H-1B electronic registrations were submitted and 127,600 were selected in the lottery in March of 2022.  Those selected were invited to submit complete H-1B petitions.  USCIS selects a buffer number of extra registrations to account for those who opt to not submit petitions and those whose applications are denied.  Last year, there were three rounds of H-1B lotteries to solicit enough completed petitions to reach the annual H-1B cap.  This lead many to anticipate a second lottery this year.

On August 23, 2022, USCIS officially announced that there will be no second lottery for FY2023 H-1B cap-subject visas.  All 65,000 regular and 20,000 advanced degree visas have been awarded, and applicants not selected will have to wait until next year.

However, non-cap subject H-1B petitions are still being received and approved.  If you, or if your employee or client is in one of these situations that apply to both cap-subject and cap-exempt initial petitions, you don’t have to worry about a lottery:

  • H-1B transfers wherein the beneficiary changes employers
  • H-1B extensions wherein the beneficiary extends their visa beyond the three-year period or based on a Green Card situation
  • H-1B amendments regarding employment terms or duties changes
  • H-1B concurrent employment.

Beneficiaries with advanced degrees working in specialty occupations for the following employer entities are also cap-exempt:

  • Institutions of higher education
  • Nonprofit research organizations
  • Government research organizations
  • Nonprofit entities affiliated with or related to an institution of higher education.

If you, or if your employee or client is not subject the H-1B cap, you will still need to prove that all H-1B eligibility requirements are met to ensure you don’t run into any approval issues that impact the employee start date, or the beneficiary’s ability to remain in and work in the United States. 

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.

How to Get Your H-1B Visa Approved with NO COLLEGE

One of the main H-1B eligibility requirements is that beneficiaries hold a bachelor’s degree or higher or its equivalent in the field of the H-1B job.  However, highly skilled individuals often have non-traditional educational pathways and many qualified hires do not have any college credit at all.

Does this mean no chance at a visa?  Of course not!  But it will take extra steps and a good deal of USCIS handholding to make your case.

USCIS accepts that three years of progressive work experience in the field of the H-1B job is equivalent to one year of college credit in the associated major.  Progressive work experience means that education took place on the job as evidenced by the nature of the work becoming increasingly complex and specialized, with the employee taking on progressively more responsibility.  A professor authorized to grant college credit for work experience can write this work experience conversion.  To account for all four years of a bachelor’s degree, the beneficiary must have twelve years of progressive work experience to meet this academic equivalency.

If this is your situation, or your employee or client’s situation, you will need to include a credential evaluation that includes this work experience conversion with your initial petition.  This will clearly show USCIS that the beneficiary has the educational equivalent of a bachelor’s degree in the field of the H-1B job in terms of US academic value.

At CCI TheDegreePeople.com, each credential evaluation is written uniquely to fit the job, the education, the work experience, and the visa of each client.  We work with professors authorized to grant college credit for progressive work experience to write the credential evaluation you need for visa approval.

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

Sheila Danzig

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

How to Choose the RIGHT Credential Evaluation Agency

Whether you’re filing the initial H-1B petition or facing an education RFE, there are many cases in which the beneficiary will need to include a credential evaluation.  Here are some reasons why:

  • No college or incomplete college
  • Degree earned outside of the United States
  • Degree is a three-year degree
  • Generalized degree
  • Degree in a major that does not match the H-1B job.

If the beneficiary’s education is ANYTHING BUT a US bachelor’s degree or higher in the exact field of the H-1B job, you will need to include a credential evaluation that clearly shows USCIS that their education and work experience comprises the equivalency of the required degree in terms of US academic value.

However, finding the right agency to write this credential evaluation can be murky business because the industry is not regulated.  Often, an agency will write a cookie-cutter evaluation that does not address the unique situation of the H-1B beneficiary.  An effective evaluation is written uniquely to the situation, taking the job, the education, past work experience, the visa, and USCIS approval trends all into account.

How do you know when you’ve found the right credential evaluation agency?  Look for these GREEN flags:

  • They are members of a professional organization that holds its members to standards of excellence.
  • They are great communicators, responding promptly to text, email, phone, and social media.
  • They offer a free consultation and reasonable prices even for rush delivery.
  • They ask about the job, the education, and the visa.
  • They provide references when asked.

At CCI The DegreePeople.com, we check all the boxes.  We have an over 90% rate for successfully overturning education RFEs and all of our credential evaluations are written uniquely by international education experts.

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.

H-1B Support: What is a Specialty Occupation?

Specialty occupation issues have triggered barriers to H-1B visa approval for about half of the past decade and continue to be a statutory target for restrictions on the H-1B program.  Beneficiaries, petitioners, and immigration attorneys have put countless hours of work into fighting back against these restrictions and holding USCIS accountable for illegally denying H-1B visas, and this has had a significant impact on RFE and Denial rates. 

However, H-1B petitions are still ground zero for holding these restrictions at bay to maintain a robust H-1B visa program to keep the United States economically competitive and continue to attract bright minds from around the world to US universities and the work force.  Since Specialty Occupation issues are a pinch point, it is important to understand the nuanced requirements and provide documentation that multiple options are accounted for in the initial petition.

USCIS states, “The occupation requires: Theoretical and practical application of a body of highly specialized knowledge; and Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

One of four criteria must be met to prove the H-1B job is a specialty occupation:

  1. The position normally requires a bachelor’s degree or higher as the minimum educational requirement for entry into the position.  Falling back on this requirement has proven dicey for applicants because USCIS has been adjudicating “normally” as “always,” making the exception the norm.  If the job’s entry in the US Department of Labor’s Occupational Outlook Handbook states that the position does not ALWAYS require a bachelor’s degree or higher minimum, USCIS is likely to issue an RFE instead of approving the visa.  This is why at CCI TheDegreePeople.com we recommend covering your bases and providing documentation that one of the following criteria are also met.
  2. A bachelor’s degree or higher minimum educational requirement for entry into the position is the industry standard as evidence by hiring practices for parallel positions, or this job is uniquely complex so as to require an advanced degree. 
  3. A bachelor’s degree or higher minimum educational requirement for this position is a consistent hiring practice for this employer as evidenced by proof of past hiring.
  4. Specific duties unique to this job are specialized and complex as to require an advanced degree minimum. 

Provide additional evidence and documentation to prove that at least two of these requirements are met and an expert opinion letter to lend weight to the case.  This letter must be written based on documentation the petitioner provides of industry standard and past employer hiring practices, and a detailed breakdown of the duties and responsibilities of the job highlighting how specialized skills and knowledge acquired through advanced degree attainment apply.  This expert must have extensive experience working directly in the field of the H-1B job, and have held leadership roles wherein they made hiring decisions regarding this position and supporting positions. 

At CCI TheDegreePeople.com we work with experts in every H-1B field.  Let us review your case for free before you file to prevent Specialty Occupation issues.  Visit www.ccifree.com and we will respond in 4 hours or less.

Airtight H-1B Petition Checklist

It’s time for those selected in the H-1B lottery to file complete petitions.  An airtight petition will prevent any RFEs or other adjudication hang-ups standing between your employee and their start date. 

Before you file, go through this checklist to make sure any potential weaknesses in your case are addressed:

  • Double-check all documents to make sure answers, timelines, addresses and other contact information, and spellings are consistent.
  • Make sure all documents, forms, and supporting evidence are accounted for and filed in the proper order.
  • If the wage level is set at Level One Wages or if the entry for the H-1B job in the US Department of Labor’s Occupational Outlook Handbook lists that the job does not ALWAYS require a bachelor’s degree minimum, include an expert opinion letter addressing wage level and specialty occupation issues.
  • Include a detailed breakdown of the duties and responsibilities of the job and how attainment of an advanced degree apply.
  • Provide evidence of past hiring practices and hiring practices for parallel positions within the industry showing specialty occupation.
  • If the wage level is set at Level One Wages, include a breakdown of the factors that went into setting the wage level appropriately and proof of prevailing wage.
  • If the beneficiary’s degree is ANYTHING EXCEPT a US bachelor’s degree or higher in the exact field of the H-1B job, include a credential evaluation showing that the beneficiary has the academic equivalent of the required degree in terms of US academic value.
  • If the H-1B position is a consultant or works on a per-project basis, include a complete itinerary of the work to be performed for the 3-year H-1B visa period.
  • If the H-1B employee will spend time at third-party worksites, explain how the employer will be able to control the work of the employee offsite.
  • Have a professional review of your case to check for any omissions or weaknesses and advise accordingly.

At CCI TheDegreePeople.com we work with difficult cases every year.  We know what triggers adjudication issues, and we know what petitioners need to show to prevent them.  Let us help you hold USCIS’ hand as they approve your petition.  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.

Case Study: Nightmare H-1B RFE Overturned!

Complex H-1B RFEs are not new, and they are not going away.  When USCIS finds one issue with a petition it triggers a closer look to find more – even if there aren’t any there!  That is how too many petitioners end up with multi-issue RFEs.  The Nightmare RFE dredges up so many issues that it is virtually impossible to answer in time by its own guidelines.

How do we answer the Nightmare RFE with an over 90% success rate?  We don’t follow the guidelines.

We advise our clients to read through the RFE, then put it down and go back to the original H-1B requirements and USCIS approval trends.  Then, look at the case in question and determine what evidence and documentation can better strengthen each requirement area.

When it comes to the Nightmare, this is what the solution looks like:

  1. Education Issues.  Include a credential evaluation written uniquely to address the visa, the job, the beneficiary’s education, and USCIS approval trends.  This means showing that the beneficiary has the clear educational equivalency of a US bachelor’s degree or higher in the exact field of the H-1B job.  This often includes a progressive work experience conversion wherein a professor with the authority to grant college credit for work experience converts three years of the beneficiary’s progressive work experience in the field of the H-1B job into one year of college credit towards that major.
  2. Specialty Occupation Issues.  Provide the ad for the job and ads for the same job at similar companies that show a bachelor’s degree is a minimum requirement to be hired to the position.  Include evidence of past hiring practices within the company showing the required bachelor’s degree minimum for the H-1B position in question. Include a detailed breakdown of the duties and responsibilities of the job highlighting specific skills and knowledge applied learned specifically through completion of a degree program in the field of the H-1B job.  Finally, include an expert opinion letter written by a professional in the field of the H-1B job with at least 10 years of field experience based on the additional information provided.  This expert should have experience in leadership and authority positions within the field in which they made hiring decisions regarding the position in question and supporting positions.
  3. Employer-Employee Relationship Issues.  Show how the employer will be able to control the work of the employee even at third-party worksites.  In addition, provide a complete itinerary of the work the H-1B employee will perform for the duration of the H-1B visa. 
  4. Wage Level Issues.  Provide a detailed breakdown of the factors that went into determining the appropriate wage level.  This issue can also be addressed in the Specialty Occupation expert opinion letter.

The best way to prevent a complex RFE is to anticipate and prevent it.  Taking the extra steps to clearly show USCIS that the beneficiary, the employer, and the position meet H-1B eligibility requirements is always worth it even if it feels like an unnecessary amount of hand holding.  At CCI TheDegreePeople.com we work with Nightmare RFE cases every year.  We know how to answer them, and we know how 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.

Changing from F-1 to H-1B Status? Challenges and Opportunities

One of the central purposes of the H-1B visa program is to attract foreign students to US colleges and universities by offering a post-graduate opportunity to stay in the country and work specialty occupations.  The H-1B visa is a visa of dual intent which allows beneficiaries the option to pursue pathways to citizenship if they so choose. Additionally, H-1B employees tend to earn higher wages, with $101,000 as the median annual income.

The Department of Homeland Security and Biden Administration are proposing changes to the H-1B visa program to provide more flexibility for F-1 individuals making the shift to H-1B.  Being the focus of new legislation is a mixed bag, however this does emphasize the importance of F-1 students to the vitality of the H-1B visa program, and in turn to the economic health and competitiveness of US industries.  For just one example, there are currently over 1.5 million job vacancies in computer occupations.  About 56,000 new H-1B petitions are for computer occupations annually.  That means there are nearly 30 times more computer job openings than there are H-1B beneficiaries eligible to fill them.

For F-1 students who want to make the shift to H-1B status following graduation, the first step is to plan ahead.  Apply for specialty occupation positions with employers who hire H-1B workers to be your sponsor.  If your position is subject to the annual H-1B cap, you will need to be ready to register for the H-1B lottery this coming March.  Some H-1B positions are not cap-subject, including jobs for nonprofits, institutions of higher education, and medical institutions.  It is essential to be aware of any deadlines.  When your petition is filed, it must be filed as a “Change of Status.”  If approved, the beneficiary can begin work on October 1, 2022, at the start of FY2023.

If the beneficiary’s F-1 status expires before their H-1B status begins, they may be eligible for a cap-gap extension.  This applies to beneficiaries with cap-subject H-1B occupations.  USCIS explains, “An F-1 student who is the beneficiary of a cap-subject H-1B petition and request for change of status that is filed on time may have their F-1 status and any current employment authorization extended until the first day of the new fiscal year.”  For this reason, it is essential to file on time.

Along with proposed changes to F-1 to H-1B, there are also proposed changes to H-1B cap-subject selection that would favor high earners, and further erode what qualifies as a specialty occupation. As evidenced by approval trends of previous years, and by these proposed changes, entry level positions are particularly vulnerable to RFEs and Denials.  This is because entry level workers make lower wage levels, and because USCIS does not always accept that these positions meet specialty occupation requirements – particularly positions that normally but do not ALWAYS require a US bachelor’s degree minimum.  Challenges with entry level positions are a particular problem for recent college and university graduates seeking to change from F1 to H-1B status.

At CCI TheDegreePeople.com, we have encountered specialty occupation RFEs, wage level issue RFEs, and the Double RFE which rolls these two issues into one complex RFE. We have found the most successful way to answer these RFEs is with an expert opinion letter written by an expert in the field of the H-1B job with at least ten years’ experience working directly in the field, as well as leadership experience wherein they made hiring decisions regarding the H-1B position and supporting positions reliant on the H-1B position.  This letter is based on evidence and documentation provided by the petitioner regarding the position in question, past hiring practices, and wage level factors and will lend weight to the validity of the case.  We work with the RIGHT experts in every H-1B field to make sure beneficiaries get the support needed for H-1B visa approval.

Before you file, let us review your case for free.  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.

A Year in Immigration News: Looking Back on 2021

This past year has seen some monumental shifts in education and work-based immigration.  As we bring in the New Year, it is important to acknowledge the peculiarities of this year in the world of immigration, and to celebrate the victories we have had in the world of visa approval and immigration reform.

The number of education-based green cards doubled for this year due to the massive amount of unused family-based green cards during COVID-19 shutdowns worldwide.  This provided the opportunity for hundreds of thousands of skilled foreign nationals to live and work in the United States and pursue citizenship.

This year, immigration lawyers, H-1B beneficiaries and their sponsors, and other active parties pulled together to block the lottery from being converted into a wage-based system.  We fought for fair and legal H-1B visa adjudication in our petitions, RFE responses, and even in court.  In result, the RFE rate plummeted and the H-1B visa approval rate rose.  This took a massive effort, perseverance, and a healthy dose of creativity, and together we made massive strides.

Much of this year has been damage control from years of targeted attacks on the H-1B program, and from pandemic-based immigration hindrances.  At CCI TheDegreePeople.com, we are excited for what 2022 holds, as we build on the momentum of the past year. 

Sheila Danzig

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

Case Study: the RIGHT Expert and Expert Opinion Letter for H-1B Approval

Since 2017, specialty occupation H-1B RFEs have become commonplace even for occupations that had never before run into trouble.  Here is why:

In terms of H-1B eligibility, the beneficiary must work in a specialty occupation and so the burden of proof is on the petitioner to show that the H-1B job meets one of the following eligibility categories:

  1. The job normally requires attainment of a US bachelor’s degree or higher or its equivalent as a minimum educational requirement for entry into the job.
  2. A US bachelor’s degree or higher or its equivalent is required for this particular position and in the same position in similar organizations within the industry.
  3. The employer always requires a US bachelor’s degree or higher or its equivalent for this position as evidenced by past hiring practices.
  4. This position is uniquely complex and specialized as to require the skills and knowledge associated with completion of a minimum of a US bachelor’s degree or higher or its equivalent to perform.

In 2017, USCIS began adjudicating “normally” as “always.”  If an occupation did not ALWAYS require a bachelor’s degree minimum according to the US Department of Labor’s Occupational Outlook Handbook, USCIS would issue a specialty occupation RFE.  In effect, they ruled the exception as the norm for jobs that would otherwise would not have run into any issue. 

At CCI TheDegreePeople.com, we work with specialty occupation RFEs every year and the best way to get them overturned is with the support of an expert opinion letter.  We always recommend including one with the initial petition.  However, a computer programmer client came to us last year who did just that and STILL received a specialty occupation RFE. 

Here’s why: the expert opinion letter was written by an INSTRUCTOR for the field of the H-1B job.  While this expert had extensive experience teaching ABOUT the field, they had very little actual experience working in the field of the H-1B job, nor had they been in positions of authority within the field.  USCIS would not accept the validity of this expert’s opinion.

USCIS will only accept the opinions of experts with extensive experience working directly in the field of the H-1B job.  This expert should have held positions of authority within the field wherein they made hiring decisions regarding the H-1B position in question.  We work with the RIGHT experts in every H-1B field.  We requested the client provide additional evidence and documentation regarding the position in question, including a detailed breakdown of the duties and responsibilities of the job highlighting which skills and knowledge are attained through completion of an advanced degree.  We requested the ad for the job and ads for the same position for similar companies, as well as proof of past hiring practices. 

Our expert was able to use this information and the weight of their credentials to write an expert opinion letter clearly showing USCIS that the position met specialty occupation requirements.  The RFE got overturned and our client got to work on time! 

If your employee or client is facing specialty occupation issues, let us review your case for free.  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.

How to Check Your H-1B Case Status with USCIS

Unsure of your H-1B petition status?  Does it seem like processing time is dragging?  Has your address or other contact information changed since the time of filing leave you concerned that maybe you missed something?  You can get peace of mind by checking your case status online through the USCIS Case Status Online portal.

Here is what you need: the case receipt number.  This is a unique 13-character code consisting of three letters and ten subsequent numbers.  If you are not sure where your case receipt number is, look at the notices of action you have received by USCIS.  This number will appear on these notices.

On the case tracking portal, you will be prompted to enter this number.  When doing so, include all numbers, including asterisks if applicable, but omit all dashes, then hit the CHECK STATUS button.  From here, you will be able to view the status of your case and additional steps you will need to take.  If your contact information or address has changed since the time of filing, you will be prompted at this point to update this information to ensure streamlined communication regarding visa processing.

At this point, into FY2022, you are likely anxious to get the H-1B employee onboarded and to work.  There may still be RFEs standing in your way.  While RFE rates have dropped from previous cap-subject H-1B visa filing cycles, they are slowly creeping back up as second-round selections for this year’s lottery are being processed.  If you receive an RFE instead of approval, don’t panic.  This is not a rejection and can serve as an opportunity to strengthen your case.  Read over the RFE, then put it down and go back to the original H-1B eligibility requirements.  Then, cross-reference to see which requirements USCIS find evidence lacking in your case and provide additional evidence and documentation from there. 

If you have an education issue, a credential evaluation that fills in any gaps between the education the beneficiary has and the education USCIS will approve.  This may require a progressive work experience conversion in which three years of work experience in the field of the H-1B job wherein the beneficiary’s work took on greater complexity, specialization, and responsibility occurred indicating that education occurred on the job can be converted into one year of college credit in the major of the H-1B job. 

If you have a specialty occupation issue, an expert opinion letter written by an expert with extensive experience working in the field of the H-1B job in positions of leadership in which they made hiring decisions regarding the position in question will lend weight to your case.  This letter will be based on the information you can provide to the expert regarding the specific position in question. 

At CCI TheDegreePeople.com we work with difficult RFEs every year and we get them overturned.  We work with professors authorized to grant college credit for work experience available to write progressive work experience conversions.  Our international and domestic education experts write every credential evaluation uniquely, taking the job, education, work experience, visa requirements, and USCIS approval trends into account.  We work with experts in every H-1B field to write opinion letters to strengthen H-1B cases.  We know what triggers RFEs and we know how to successfully answer them.

Let us review your case for free.  Visit www.ccifree.com and we will respond in 4 hours or less with a free consultation. 

Sheila Danzig

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

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