Case Study – Preventing a Kitchen Sink RFE is Easier than Fixing One

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One filing that very often triggers an RFE is when a beneficiary applies for an H-1B visa for the job offer computer systems analysis. Since his or her degree must be an exact match for the job offer, candidates run into trouble because a US bachelor’s degree in computer systems analysis is extremely rare. Too often, candidates and their lawyers figure that a related field will work and file with a bachelor’s degree in computer sciences or with a credential evaluation stating an equivalency to a US bachelor’s degree in computer sciences. The result? An RFE. For some candidates, an RFE is just the beginning of an even bigger headache.

One of our clients came to us with a Kitchen Sink RFE. This RFE cannot be answered by following its own directions because everything is in it except the kitchen sink. USCIS has set conditions in this RFE that, even were they possible to meet, would involve the services of so many authorities and individuals that they would be completely impossible both in terms of time and cost. No evaluation agency offers a service to deal with these RFEs following the request because of these two factors. A long list of people would be needed – professors, registrars, accrediting agencies, program directors, and so forth. We cannot meet the requirements listed and we know of no one who ever has. The Kitchen Sink RFE may well be unreasonable, and it is not clear if CIS has the right to even make this request in the first place.

How did this happen? First, this candidate filed an H-1B petition for a computer systems analysis job with an equivalency to a bachelor’s degree in computer sciences. Our client and his lawyer thought this would be enough. It was not. They received an RFE, and it was the Kitchen Sink. CIS sees an RFE as a red flag flying high over a petition that triggers a close scrutiny of the case. Small details and inconsistencies that would have gone unnoticed are brought to the light. Other issues became apparent and our client’s RFE quickly triggered an impossible mess to clean up. That’s when he came to us. The Kitchen Sink RFE must be dealt with very carefully, and very creatively, with precise documentation and evidence that anticipates what CIS is really asking for when they ask for the impossible. At TheDegreePeople, we know how to answer their questions without getting choked up by Kitchen Sink wording. We know how to respond to the Kitchen Sink RFE…but we would rather not have to.

While a bachelor’s degree in computer systems analysis is rare, it does exist and the equivalency can be written. H-1B educational standards accept combining work experience to account for college credit towards a major in that field of employ. By using the ratio of converting three years of work experience in the field into one year of college credit, a credential evaluation can be written with the proper detailing and documentation to write an equivalency to a US bachelor’s degree in computer systems analysis. All of our clients who file with this equivalency the FIRST time have been approved on the first filing.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.

This article was written by Rebecca Little

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