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Every year, we see more and more education RFEs for EB2 visas. This is because the difference between whether a candidate qualifies for an EB2 or an EB3 visa is based on their level of education, and EB3 candidates can find themselves in limbo, waiting up to a decade for their petition to be reviewed….

H1B filing season is over. That means now it is RFE season. Over one in four H1B petitions receive and RFE, which is a drastic increase from just less than ten years ago, but not a new trend for the past few years. The number of H1B petitions filed has skyrocketed while the number of…

Before you, your client, or your employee file for EB2 visa status, make sure that the education meets the requirements for this particular visa. Filing for EB2 instead of EB3 is preferential to beneficiaries because the turnaround waiting time for EB3 can take as long as a decade. However, if your education – or your…

H1B season is over. Guess what’s next. RFE season. If USCIS continues the pattern of the past few years, we will soon be inundated with RFEs. In recent years, over one in every four H1B petitions are met with an RFE. In the common case that you, your employee, or your client receives an RFE,…

Current US educational trends clearly show that the amount of time it takes to complete a degree is not an accurate reflection of its actual academic content. More and more US college students are taking over four years to complete their four-year bachelor’s degrees, opting to take time off or take fewer classes at a…

H1B educational requirements are laden with sneaky traps that can tank your client’s case in a hurry. To avoid these traps, it is essential to be aware of the unique educational requirements of each visa, as well as the educational equivalency requirements, which also vary from visa to visa, and change with USCIS trends. Attorneys…

In some countries, certain certificates and licenses require post-secondary educational steps or their equivalents and other countries do not. Some professional licenses and certifications are called the same thing in two completely different countries, but the education it takes to earn these verbally identical degrees are completely different. This is one of the many complexities…

Why does the job Computer Systems Analyst get the most H1b RFEs? With so many STEM jobs filled with H1b workers, it would follow that USCIS is used to seeing this job title on petitions and understand what to do with them. So what’s the recurring problem? The problem does not lie within the job,…

In other words…USCIS is not your friend. Against a backdrop of increased pressure and limited resources, the RFE your client receives in response to his or her petition is not always as unique and specific as it may appear to be. The number of petitions submitted for the same number of visas has forced CIS…

But what is functional equivalency? To answer this question, let’s take a look at what an educational equivalency actually is. For your client’s education to meet visa requirements, you must show that they either have the advanced US degree required for their specialty occupation, or its foreign equivalent. Sometimes, equivalencies across borders, educational systems, and…

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