Case Study: The Triple H1B RFE – OVERTURNED!

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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.

This article was written by Rebecca Little

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