Credential Evaluation

Specialty Occupation and Wage Level H1B RFEs: Who Dropped the Ball?

st, but these mistakes have far-reaching consequences. Maybe your team didn’t provide enough detailed evidence regarding the duties and responsibilities of the job in question.Whatever the reason for the RFE, it’s important that you identify where the case is lacking in evidence, whose job it is to provide it, and fix it. At TheDegreePeople, we work with difficult RFEs every year. We can help you identify what went wrong and how to fix it. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.]]>

Case Study: H1B Specialty Occupation RFE – OVERTURNED

  • A position being set at level 1 wages does not mean it is an entry level position. There are many factors that go into determining what wage level a position is set at.
  • Most employers require a minimum of a bachelor’s degree for this position, and that is what the standard SHOULD be for determining the overall level of specialization for a given position. The norm, not the exception, should define the rule.
  • With an expert opinion letter from TheDegreePeople, the RFE was overturned and our client’s visa was approved.If you, or your employee or client receives a Specialty Occupation RFE, let us help you. Visit ccifree.com/. We will get back to you in 48 hours or less with a no-charge and no-obligation review of your case.]]>

    H1B Support: Answering the Double Wage Level and Specialty Occupation RFE

      Last year, we saw wage level issues and specialty occupation issues go hand in hand in common H1B RFEs.  This year, we expect to see them again.To meet H1B eligibility requirements, the job in question must require a minimum of a US bachelor’s degree for entry into the position, and the H1B employee must make the prevailing wage for the position in the industry for companies of that size in that geographical location.  If either of these aspects are lacking in evidence, CIS will issue an RFE.Some common problems that trigger an RFE include:• The job usually but does not ALWAYS require a minimum of an advanced degree.• This job is particularly complex as to require an advanced degree even though it is not an industry standard.• CIS wrongly assumes that the wage level indicates the job is not specialized.  This is especially the case with jobs set at Level 1 Wages.• CIS wrongly assumes that the wage level is set too low for the complexity of the job.You will need to provide thorough documentation supporting the specialization of this job, and you will need to explain all of the factors that went into determining its wage level.  You will also need to include an expert opinion letter in your response that fortifies your evidence that the job and wage level meet H1B requirements.At TheDegreePeople, we have experts on hand with the highest rate of success in responding to RFEs 24/7 to write the expert opinion letter you, or your employee or client needs to get that double RFE overturned.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.]]>

    Specialty Occupation RFE: Know the Job Inside and Out

  • CIS assumes that because the job is set at level 1 wages it is entry level.
  • According to the US Department of Labor’s Occupational Outlook Handbook entry level computer programmers are sometimes hired with only a US associates degree, which falls short of H1B educational requirements for a specialty occupation.
  • This RFE was based on two misconceptions. First, just because a job is set at level 1 wages doesn’t mean it’s entry level. Determining the wage level for any given position is complex, involving a great number of factors. Second, while some employers will hire entry level programmers with only an associate’s degree, this is the exception for the position, not the norm. The exception should not make the rule for determining whether an entire occupation meets specialization requirements.While this job got the most grief last season, any job can be met with a specialty occupation RFE. To answer this RFE, you need to know the job in question inside and out, far better than CIS does. That means knowing the passage in the Occupational Outlook Handbook, having the ad for the job documented that shows its minimum educational requirements, and having documentation of the requirements for similar jobs in similar companies in the industry. You also need documentation of the employer’s past hiring practices with regards to educational requirements for this job.If this job is uniquely specialized and requires an advanced degree to perform its duties even though similar jobs in similar companies in the industry don’t require an advanced degree, you will need to clearly and thoroughly explain why this is the case. Both the employer and an expert who can add weight to the argument with an expert opinion letter need to offer detailed explanations.If you, or your employee or client receives a specialty occupation RFE, you will need an expert opinion letter to fortify your case. We have experts on hand with the highest rate of success in answering these RFEs. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.]]>

    H1B Specialty Occupation RFEs: How to Prove Specialization

  • While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree.
  • Some employers will hire employees for this position without a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement.
  • The wage level set for this particular job is misleading. This was the case with computer programmers making level 1 wages that set off the string of RFEs last season. Just because a job is set at level 1 wages doesn’t mean it’s an entry level position – there are many factors that go into determining wage levels.
  • If you, or your employee or client receives a Specialty Occupation RFE, make sure to thoroughly read the passage from the Occupational Outlook Handbook about your client’s job to see if the discrepancy that triggered the RFE is in the text. Then, you will need to provide evidence that this job requires an advanced degree. Evidence includes the ad for the job and ads for the same job in similar companies with in the industry that shows the degree requirements. You can also include evidence that the employer in question has a consistent history of hiring employees to this position with this advanced degree as a minimum requirement.In addition to this evidence, you will also need an expert opinion letter that backs up the evidence provided. At TheDegreePeople, we work with experts who have the highest rate of success in answering Specialty Occupation RFEs. For a free review of your case, visit ccifree.com/ We have experts on hand to help you 24/7.]]>

    Case Study: The Triple H1B RFE – OVERTURNED!

    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.]]>

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