Credential Evaluation

H-1B Support: Refuting the Specialty Occupation RFE

specialty occupation according to USCIS statutes. Here is where it gets murky:There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute.INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty.Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.”In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:

  1. The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
  2. This minimum degree requirement is normal for this job in similar organizations in the industry.
  3. The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
  4. The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.
If the job meets one of these four requirements – and the beneficiary meets the educational and experiential requirements as well – the job meets H-1B eligibility requirements. However, you will need evidence to back up that the specialization of the job in question is consistent with industry standards or employer hiring practices. This requires a detailed employer support letter, but CIS will NOT just take the employer’s word for it. Your RFE response must also include an expert opinion letter to back up that the job does meet H-1B specialization requirements. At TheDegreePeople.com we have experts on hand 24/7 to review your case and write the letter you need, or your employee or client needs to get that RFE overturned. Every year, we work with difficult H-1B RFE cases and we get them overturned virtually every time. For a no charge and no obligation review of your case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis and expert consultation on how to best proceed.]]>

Degree Equivalency or False Translation? – Find Out Now!

kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same.The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency.For a free review of your case, or your client or employees case, visit ccifree.com/. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.]]>

Attention: H1B Filing Opens TODAY!!!

nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days.For the past few years, the cap has been met before the mandatory five business days is up, so that means you have to file THIS WEEK for you, or your employee or client to have a shot at making the H-1B lottery for FY2019.Last year, we saw an unprecedented number of RFEs, especially targeting computer programmers. This year, make sure you take steps to preempt an RFE or rejection. Don’t fall into common RFE traps by taking these precautions:

  1. Consistent Answers – make sure what is entered on the LCA matches the petition, including the job title and description.
  2. Start Date is NO EARLIER THAN October 1st 2019.
  3. Borderline jobs that don’t necessarily require a US Bachelors degree or higher according to the Department of Labor’s Occupational Outlook Handbook are accompanied by a detailed job description and expert opinion letter to prove specialization.
  4. The beneficiary’s degree or degree equivalency specialization matches the job title or is accompanied by a credential evaluation.
  5. Degrees earned outside of the US, incomplete college, or mismatched degree specialization is accompanied by a credential evaluation.
If you, or your employee or client needs a credential evaluation or expert opinion letter, don’t file the petition without one. We have credential evaluators and experts on hand 24/7 ready to write the evaluation or expert opinion letter you need, or your employee or client needs for visa approval. We offer rush delivery options at affordable prices down to as fast as 12 hours by the clock, and we work off of emailed copies of educational documents. Time is of the essence. Simply visit ccifree.com/ to get started now!]]>

Countdown to April 2nd: Your H-1B Last Minute Checklist

nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery.Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case.Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions.If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements.Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized.There are some situations that are RFE magnets. If you, or your employee or client:• Has a degree from outside of the US,• Has a three-year bachelors degree,• Has an incomplete degree or no college at all,• Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or• Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization,You need to know before you file and address the situation accordingly to preempt an RFE.At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.]]>

Does Your H-1B Petition Need a Credential Evaluation? Find Out Fast!

nd, which is just under two weeks away. We predict that the cap will be met by Friday April 6th, so get those petitions ready to file!The last minute is NOT the time to cut corners. Even if you get your petition, or your employee or client’s petition in on time, it will not be approved if it is incorrect or incomplete. That means you need to have all of the documentation and evidence necessary to clearly show you meet, or your employee or client and the job meet H-1B eligibility requirements the first time. That way, if you make, or your client or employee makes the H-1B lottery, it will be easy for CIS to approve the petition.One of the biggest mistakes we see every year is that beneficiaries don’t include a credential evaluation in their petition when one is needed, or the credential evaluation will not serve the needs of the job or visa.To meet CIS educational requirements for the H-1B visa, the beneficiary must hold a US bachelors degree or higher, or its equivalent in the field of the H-1B job. In the past, related areas of study have been acceptable, but in the past several years, CIS has only approved beneficiaries with specialization in the exact field of the H-1B job.That means, to meet H-1B eligibility requirements, you, or your client or employee must have a US bachelors degree or higher or its equivalent in the exact field of the H-1B job. If you, or your client or employee doesn’t have the US degree in the exact field of the job, you will need to go a step farther to show you or your employee or client is qualified for the specialty occupation and for H-1B visa status.Do you, or does your client or employee need to include a credential evaluation to meet CIS educational requirements?If any of the following situations apply to your situation, or your client or employee’s situation, the answer is YES:• Degree is from outside of the United States, especially three-year bachelors degree.• Incomplete college degree or no college at all.• Degree with a major that is not an exact match for the H-1B job.• Degree is generalized with no specialization.• Degree does not have the word “degree” in the title, ex. Indian Chartered Accountancy.The next step is to order a credential evaluation that closes the gaps between the beneficiary’s education and H-1B educational requirements. The right evaluation takes into account the H-1B job and visa requirements. If an evaluator or agency doesn’t ask about the beneficiary’s job or visa, look elsewhere. For three-year degrees, CIS requires a work experience conversion that converts three years of progressive work experience into one year of college credit to account for the missing third year. Only a professor with the authority to grand work experience for college credit can do this. At TheDegreePeople, we have such professors on hand 24/7 to write the review you need.We offer affordable rush delivery options for evaluations needed all the way down to 12 hour rush delivery, by the clock. We have experts on hand 24/7 for free consultations on how to best ensure your petition, or your client or employee’s petition is seamless. Don’t file an incomplete or incorrect petition, simply visit ccifree.com for a no charge and no obligation review of your case, or your client or employee’s case.]]>

Countdown to April 2nd: Your H-1B Last Minute Checklist

nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery.Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case.Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions.If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements.Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized.There are some situations that are RFE magnets. If you, or your employee or client:• Has a degree from outside of the US,• Has a three-year bachelors degree,• Has an incomplete degree or no college at all,• Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or• Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization,You need to know before you file and address the situation accordingly to preempt an RFE.At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.]]>

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