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The Matter of Shah and Why it Should NOT Matter

did in fact major in chemistry in the Matter of Shah. Even though the board did not recognize the value of the candidate’s undergraduate degree, the University of Detroit certainly did.  In fact, the university admitted the candidate into their MBA program based on the three-year Indian bachelor’s degree being the equivalent of the US four-year bachelor’s degree necessary to gain entrance into that very program.  The fact that the candidate went on to successfully complete the two-year MBA program goes to show that the Indian three-year degree with chemistry as a special subject really did qualify the candidate for the graduate program. Finally, the last reason I will go into for why the Matter of Shah should not be grounds for denying anyone’s visa is that in making the decision, the board overturned a previous ruling.  This ruling was made by the United States Department of Health, Education, and Welfare, and can be found in Appendix 5-F, pages 34-37 of the Immigrant Inspector’s Handbook.  In this ruling, the department stated that a B.S. degree in chemistry from the candidate’s university, Gujarat University, is the equivalent of a United States B.S. degree. The Matter of Shah has its foundation in four errors:

  1. Incomplete evaluation of the academic content of the candidate’s degree.
  2. Failing to translate the term “Special” into US academic context.
  3. Ignoring the University of Detroit’s decision to admit the candidate into their graduate program based on the academic value of the candidate’s three-year Indian bachelor’s degree, as well as the candidate’s successful completion of the MBA.
  4. Overturning a previous ruling that determined that the candidate’s exact degree was the equivalent of a US four-year bachelor’s degree.
The Matter of Shah should not serve as a roadblock to Visa approval.  Unfortunately, almost forty years later, it still does.  If your client or employee received an RFE about their three-year bachelor’s degree, you need to provide a credential evaluation that includes a refutation of the Matter of Shah.  As you can see, refuting the Matter of Shah as grounds for a decision about the value of a three-year Indian bachelor’s degree or specialization is not difficult to do in a credential evaluation.  However, the evaluator you select must be well versed in USCIS and immigration precedents, and be able to provide the documentation that highlights these points of refutation. About the Author  Sheila Danzig Sheila Danzig is the Executive Director of CCI 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.]]>

The H1B Nicknamed the Genius Visa H1B Visa Program Keeps US STEM Industries from Collapse

can choose to pursue pathways to citizenship. About 70% of all H1B Visas go to workers in STEM (science, technology, engineering, and math) industries. Why is this? “Science is the engine of prosperity,” Dr. Kaku explains. “The United States has the worst educational system known to science.” Students in the United States are not graduating high school or even college with the math and science skills necessary to fill the growing number of high tech jobs in places like Silicon Valley. According to Dr. Kaku, Silicon Valley would not even exist without the H1B Visa program because people coming to the United States to work on these Visas fill the positions that create entire STEM industries. Wall Street Journal agrees that when it comes to the highest level jobs at the highest level technology companies, Americans simply are not qualified. H1B workers are needed to create jobs for US citizens in these same industries because high-level jobs are necessary to create lower-tiered jobs in the industry through which US citizens can develop expertise through industry experience. Without a doubt, the “genius visa” is the secret ingredient that keeps STEM industries in the United States from collapsing. While it may come as a surprise to some that Silicon Valleys are popping up in countries like China and India, it actually makes all the sense in the world because these are the countries that the top-level Silicon Valley engineers and developers are coming from. School systems in these countries cultivate strong scientific minds, and the United States attracts them with the H1B Visa program. STEM industries aren’t the only fields attracting foreign geniuses. Dr. Kaku reports that 50% of all PhD candidates in the United States are foreign born, building the backbone of graduate programs in the country. Without the H1B visa program, 50% of all PhD candidates in the United States simply would not exist. To qualify for H1B Visa status, a candidate must hold an advanced degree in a specialized field. That means having earned a bachelor’s degree or higher in a specialized field that matches their field of employ. While this sounds straightforward, variance of academic structures across borders muddles the value of any given degree. H1B Visa candidates are running into trouble getting their Visas approved because employers understand the value of their foreign education, but the USICS needs the value clearly articulated in terms of US educational standards. Candidates with three-year bachelor’s degrees in particular are running into trouble. When a candidate files his or her H1B Visa petition, an evaluation of their foreign degree must be included. “Credential evaluation is a highly specialized process,” explains International Education expert and credential evaluator Sheila Danzig. “When we evaluate foreign credentials for US equivalence, we have to take classroom contact hours, USCIS and other legal precedents, university admissions decisions, and documented investigations into foreign education equivalencies into account to clearly spell out the value of your education.” Dr. Kaku’s and the Wall Street Journal’s observations about the state of the US educational system are clearly reflected in the demographics of high-level tech jobs. All the same, the H1B Visa program requires candidates to prove their genius to their employers and graduate programs, as well as the bureaucracies that approve their visas. About the Author   Sheila Danzig Sheila Danzig is the Executive Director of CCI 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.]]>

H1b Question – Which job offer has the most RFEs in 2015?

Why is this?  In their educational requirements policy, the USCIS states, “A generalized degree, absent specialized experience, is insufficient” to prove an H1b candidate is educationally qualified for their specialty occupation. For example, the USCIS cites, “Since there must be a close corollary between the required specialized studies and the position, the requirement of a degree of generalized title, such as business administration or liberal arts, without further specification, does not establish eligibility.” When one’s education does not work standing alone, an evaluator must include the candidate’s work experience to meet H1b requirements.  At the same time, the USCIS requires a candidate’s degree to specifically match their specialty occupation.  While employers will hire those with a degree in a field related to their job, the USCIS requires an exact match.  Which degree fits Computer Systems Analyst? Master of Computer Analysis is the ONLY standard degree we have seen that ​has​ not triggered​ an RFE for that job offer​. Some other degrees has “slid by” but we have seen RFEs for all of them.​ A US Bachelor’s of Computer Science Engineering or its equivalent even receives an RFE for being a “generalized” degree.  A bachelor’s degree in Computer Sciences Analysis is an extremely rare degree in the United States, available only at colleges and universities with self-designed degrees. However with work experience you can have that equivalence.​ However, most candidates don’t have a Computer Sciences Analysis self-designed degree from a US school.  A Bachelor’s of Computer Analysis sh​ould be accepted by the USCIS if it is a four-year degree, however​ the BCA from India is a three-year degree. The solution?  An evaluator can add your client’s work experience to his or her education to show an ​equivalence to a US Bachelor’s Degree in Computer Sciences Analysis. Although rare this degree does exist, and more importantly it​ is accepted by the USCIS as fulfilling the requirements for a Computer Systems Analyst. While RFE’s are not the end of the world and can be addressed, they are also seen as red flags.  An RFE for an​ issue like education can draw attention to the small details of your client’s petition, which can lead to even bigger issues.  It is always better to prevent an RFE in the first place than to overturn one later. About the author  Sheila Danzig   ​Sheila Danzig is the Executive Director​ of CCI TheDegreePeople.com a Foreign Credential Evaluation Agency. For a no charge analysis of any difficult cases, RFEs, Denials or NOIDS, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

Change It Up: Your H-1B Transfer Option

job, not a new visa. Once your visa is approved, you can take as much time as you want between ending your current job and beginning your new job. How much time you take and what you do with this time is entirely up to you. Some people take this opportunity to travel or visit family. Others dive right into their new job. You can’t just change jobs without alerting the USCIS. Just like all other visa-related processes, you will have to petition the USCIS for an H-1b transfer. This process takes about 4-8 weeks, but can take more. In this petition, you’ll need to include your last three pay stubs, copies of your immigration paperwork, as well as copies of your educational documents. If your specialized degree is from a country besides the US, you will need to submit a credential evaluation along with your documents to clearly show the value of your education in terms of US academic structures and standards. Don’t submit educational documents without first getting them translated into English and evaluated for US academic equivalence. Don’t stick it out with a job you hate when you can find fulfillment in your dream job. The hard part is over, you’ve got your H-1b visa status. Now make the most of it. Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/.]]>

ALERT: Attorneys and Employers Be on the Lookout for False Translations

kandidat naouk, which is generally the equivalent of a US doctorate cannot be TRANSLATED as a doctorate degree or a PhD. In the US, we know that a CPA is not a degree title. The title Certified Public Accountant is a professional title. The same is true for the CA (Chartered Accountants) in Canada. However, in India, the CA is actually equivalent to a degree in India, but this cannot be translated. It must be carefully evaluated based on academic content and legal precedents. Words must be translated, and credentials must be evaluated. These are two completely different processes and to combine them is both dangerous and misleading. The solution to this is for the translator to always translate the literal words without making an educational value assessment. Leave that to a credential evaluation agency. To get an accurate evaluation that will not mislead employers and not leave visa candidates out of luck when the USCIS questions the credibility of their credential evaluator, keep this a two-step process. You would never hire a credential evaluation agency to translate documents. Do not hire a translation agency to discern academic equivalencies. Bear in mind that not all credential evaluation agencies have evaluators qualified to assess equivalency with accuracy either. In fact, we are seeing more and more Requests For Evidence inquiring into the credibility of credential evaluation agencies. Not all credential evaluators have the expertise to write accurate evaluations, and not all agencies have the authority to make the necessary conversions to prove equivalence. When you and your client or employee are looking for the right agency to hire to write a credential evaluation, here are three things to keep in mind:

  1. When you talk with an agency, ask about the credentials, experience, and expertise of the person who will be writing the evaluation. If the agency will not discuss this with you, look elsewhere. A credential evaluator should at minimum hold a degree in higher education that includes significant study in international education systems, or have extensive experience working in university admissions. Working in admissions gives evaluators first hand knowledge and experience with how foreign degrees are valued in the eyes of the universities and graduate programs the evaluation will be written for.
  1. Higher cost does not directly translate into higher quality when it comes to credential evaluations. In fact, it’s the credible evaluation agencies that typically offer inexpensive services. If an agency requests a large payment up front before they are willing to discuss your case, look elsewhere. If they charge exorbitant prices, look elsewhere.
  1. Many evaluation agencies are members of professional bodies and trade associations. Evaluation agencies are not required to be members in organizations such as these, although many are. While membership may make an agency look more official and credible, do not base your decision on these associations. Membership does not make for a meaningful assessment of an agency’s product.
  1. Beware evaluation mills. Some evaluators will just rubber-stamp whatever equivalency is asked for. This is misleading for employers and will certainly land your client or employee an RFE come visa petition time. How can you avoid this? When you talk to a potential evaluation agency, ask about their evaluation policies. This will show you whether or not they are prepared to tailor their services to your client or employee’s individual situation.
Look for a credential evaluation agency that is forthcoming with the qualifications of their evaluators, and that will address your client or your employee’s unique situation. About the Author Sheila Danzig Sheila Danzig is the Executive Director of CCI 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. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.  ]]>

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