Case Studies

Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others

The Specialty Occupation RFE has become the new nightmare
facing H-1B beneficiaries, their sponsors, and their lawyers.  They can be answered successfully with the
inclusion of an expert opinion letter, but this does not always work.

There are two reasons why:

1. The letter is
lacking in detail.  
USCIS requires a
very detailed letter with a breakdown of the daily duties and responsibilities
of the job and how specialized knowledge and skills are required to carry them
out.  They need to understand this position
and its educational requirements within the broader context of the industry,
and they need to know all of the factors that went into setting the wage
level.  A detailed expert opinion letter
can only accomplish this if you provide said expert with as many details as
possible.  USCIS needs to know absolutely
everything.

2. The expert lacks
field experience.  
Every expert we
work with at CCI TheDegreePeople.com has extensive experience working in their
field of expertise.  While some of our
experts are professors in that field, they also work directly in the
field.  Teaching about the field is not
good enough for USCIS to consider someone an expert – they must WORK IN THE
FIELD beyond simply teaching it, and have extensive field experience and
respect within the field of specialization. 
When the right expert writes a detailed letter, the Specialty Occupation
RFE is overturned and the visa is approved. 
When the WRONG expert writes it, even if the letter is detailed, USCIS
denies the visa.

Make sure you work with the RIGHT expert this RFE season.  We have the right kind of experts on hand in every field ready to help you get that RFE overturned.  Your job is to provide the details, and their job is to lend their authority to strengthen your case and get that RFE overturned.  Get a free review of your case. We will get back to you in 48 hours or less.

International Student Enrollment Critical to the Survival of Community Colleges in the United States

We recently wrote a press release regarding the alarming drop in enrollment in community colleges across the country due to dropping high school graduation rates and the low unemployment rate. At the same time, community colleges that make it easy for international students to enroll are seeing stable – and even rising – enrollment rates. Our press release appeared in dozens of news sources to spread the word to community colleges to open their doors to international students, and how best to do this.

Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE

It’s no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. RFEs for petitions for FY-2018 have started arriving and this year, CIS is going after entry level wages for H1B jobs.Here’s the scoop:H1B visas are reserved for highly skilled foreign workers in specialty occupations. This means a candidate must hold a US bachelor’s degree or higher, or its equivalent to qualify, and the job must be specialized to the point of requiring a minimum of that degree or degree equivalency to perform its duties. Part of the petition is the employer submitting a Labor Conditions Application which indicates that the H1B employee will make prevailing wages for that job in that geographic location for companies of that size. Some of these jobs pay entry level wages.That’s where employers have been running into trouble this year. CIS has been consistent in issuing RFEs for candidates making entry level wages because there is question as to whether these entry level jobs are adequately specialized to meet H1B educational requirements.While the rationalization behind this is that many entry level jobs do not require a US bachelor’s degree or higher or its equivalent, many professions DO require this education to gain entry to the field. At TheDegreePeople.com, we work with RFEs and difficult cases on a regular basis and understand what CIS is really looking for in the evidence they request. To have us review your case at no charge and no obligation, please submit the following documents to predocs@cci123.com• LCA• Beneficiary’s resume and educational documents• Employer Support Letter• Detailed job description and duties• RFEWe will get back o you in 48 hours or less with a full analysis and, if we can help you, the costs of this and how many to order.]]>

H1B Case Study: Approved with NO College Credit!

can an H1B candidate be approved without any college credit, but rather how much progressive work experience is needed.As an equivalency, CIS accepts three years of progressive work experience as the equivalent of one year of college credit. This equivalency must be written by a professor with the authority to grant college credit for work experience. Progressive work experience means the candidate took on more responsibility and complexity with time, indicating that the nature of the work experience was educational and increasingly specialized. This work experience must be in the candidate’s EXACT field of employ to meet CIS specialization requirements for H1B visa approval.If you or your employee or client has no college credit or no degree from a government accredited institution, twelve years of progressive work experience in the field is needed to make this equivalency work.Sometimes, candidates say that their high school diploma is a college degree. Other times, candidates hold credentials from programs that are not government accredited. If this is the case, you need to know about it before you file the H1B petition. Take your transcripts, or your employee or client’s transcripts to a credential evaluator who can identify what kind of educational background you or your employee or client has, and whether or not the institutions are accredited. Evaluators with experience working with H1B cases can also identify whether or not work experience is “progressive” and will count towards a college credit equivalency.About the AuthorSheila DanzigSheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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