- Education clearly meets CIS requirements for H1B eligibility.
- Documentation clearly shows the job is specialized.
- Organized and in order!
st, and since this year is predicted to follow the trend of those before, you won’t have long before CIS closes its doors.Don’t let the last minute cause you to file an incomplete petition that will only get met with an RFE or worse. CIS educational requirements have changed in the past few years and they’ve just gotten stricter. Your education, or the education of your employee or client alone may not be enough to get their visa approved. You will have to submit a credential evaluation along with the petition to clearly show that the candidate meets H1B educational requirements.At TheDegreePeople, we have been working with H1B cases for a LONG time, and we are well versed in the nature of your needs in the last weeks before filing season. Do not hesitate to contact us for rush services. We can have evaluations completed and sent to you within hours as needed.Here are some common situations where candidates run into trouble:
st if possible because in the past few years CIS has been flooded with petitions and closed its doors in five days.Don’t let the time crunch cause you to file a disorganized or incomplete petition. There’s no point in making the FY2018 lottery if your petition, or your employee or client’s petition is just going to get an RFE or Denial. Here’s what you can do to make the most of the next few weeks:
Don’t file without double-checking every document included for consistency. Inconsistent spelling of institutions, workplaces, and even names can hurt the credibility of the petition. Make sure location, education, and employment dates match on all documents.Don’t assume CIS knows the academic value of a foreign degree.Don’t assume CIS will see that the candidate’s education and work experience indicate the degree of skill and specialization needed for the candidate to excel at his or her H1B job simply because the employer did.Don’t file with pages out of order. Making your petition, or your employee or client’s petition readable and easy to digest is key to a favorable outcome.Do check in with a credential evaluator with experience working with H1B cases and their RFEs before you file to make sure the education is in order.Do include a foreign credential evaluation in the petition if the degree is from outside of the United States.Do include a foreign credential evaluation in the petition if you or your employee or client has a degree in a field other than their job, a generalized degree, or no college degree.Unless the degree is a four year US bachelor’s degree or higher in the exact field of the H1B job, never assume CIS understands the value of the education. CIS approval trends change, and the person adjudicating the petition is most likely NOT an international education expert. You will need to use the petition to hold CIS’ hand and guide them through the story of why you, or your employee or client is H1B qualified.About the Author Sheila 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.]]>
st, 2017 for visas for fiscal year 2018.The annual cap is 65,000 for candidates with bachelor’s degrees, and another 20,000 for candidates with master’s degrees of higher. This cap has not changed. Last year, CIS received a record 236,000 petitions in the first five days of opening its doors to petitions, during which CIS is mandated to continue to accept petitions even if the cap is exceeded. After that point, the petitions go into a randomized lottery for review for approval.Every year, more and more petitions have come in, exceeding the annual H1B cap in the first week. There will almost certainly be an H1B lottery again this year. That means if you or your employee or client has a cap-subject H1B job and is petitioning for a visa for FY2018, the petition MUST be filed on April 1st or very shortly after to make the lottery.Make sure that when you file, everything you or your employee or client needs to get the visa approved is included. If you or your employee or client has a degree that doesn’t fit their job title, a foreign degree, a three-year bachelor’s degree, or any other unusual education situation, do not file without first consulting with a foreign credential evaluation agency that specializes in H1B visas. Making the lottery only to receive an RFE or worse is not worth the time, money, and energy.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.]]>
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.]]>
About the Author Sheila DanzigSheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723. ]]>
Degree does not match the job titleWe expect this CIS approval trend that emerged about six or seven years ago to hold strong. Your degree, or your employee client’s degree must be an exact match for the job. H1B visa holders must work specialty jobs and have the specialized skills and expertise required to perform the duties of these jobs. To prove specialization, you or your employee or client must either hold a degree in that exact field, or have the individual credits and work experience to write an equivalency to that exact field. For example, if you or your employee or client has a job in finance and a Bachelor’s degree in business, you need to include a credential evaluation that takes a close look at the candidate’s courses taken in finance, as well as work experience in the field of finance. Work experience – so long as the candidate took on progressively more responsibility through this work – can be converted into years of college credit with three years of work experience equating to one year of college credit in the field. This evaluation is necessary to sidestep this VERY common RFE.Three-year bachelor’s degreeAt TheDegreePeople, we work with many clients with Indian three-year Bachelor’s degrees. Every year, we see that without a credential evaluation, virtually all of these clients receive an RFE. In the past, we’ve been able to answer these RFEs by showing that the course content of three-year degrees is the equivalent to a US four-year bachelor degree by converting classroom contact hours into college credit hours using the Carnegie Unit conversion of fifteen classroom contact hours to one hour of college credit. However, last year it did not work. Luckily, we always have a plan B.This year, if you or your employee or client has a three-year bachelor’s degree, you should understand right off the bat that your client will need a work experience conversion to get the H1B visa approved. CIS is hung up on that missing fourth year, and at the end of the day, it’s up to them whether or not to approve your visa, or your employee or client’s visa. Consult with a credential evaluation agency about the candidate’s education and work experience and include a credential evaluation with a work experience conversion in the initial H1B filing on April 1st.If either or both of these situation matches that of you or your employee or client, do not file without the appropriate work experience conversion. It’s important to remember that not all credential evaluation agencies are authorized to make this work experience conversion. Only a college or university professor is authorized to issue college credit for years of progressive work experience. The credential evaluation agency you want to work with has these professors on staff or on contract to write the evaluation you or your employee or client needs to sidestep an education RFE.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.]]>