Category archive: immigration

In other words…USCIS is not your friend. Against a backdrop of increased pressure and limited resources, the RFE your client receives in response to his or her petition is not always as unique and specific as it may appear to be. The number of petitions submitted for the same number of visas has forced CIS…

But what is functional equivalency? To answer this question, let’s take a look at what an educational equivalency actually is. For your client’s education to meet visa requirements, you must show that they either have the advanced US degree required for their specialty occupation, or its foreign equivalent. Sometimes, equivalencies across borders, educational systems, and…

A Request for Information (RFE) is a tool CIS uses to make a clear decision on whether or not to approve your client’s visa. If they don’t feel enough evidence was provided in the initial petition to make a decision, they will issue an RFE indicating what further evidence they need. When they request this…

Over the course of the next two months before the H1-b filing date, you will see a lot of articles, blogs, and reports urging you to get your client’s education evaluated for US equivalence. H1-b candidates with degrees from outside of the US are required by CIS to submit a thorough evaluation of their foreign…

Your client’s H1-B eligibility is primarily about his or her education. There are two primary educational requirements CIS evaluates to determine whether or not to approve a candidate’s visa: Does the candidate have a US bachelor’s degree or higher? Does the candidate’s degree match their specialty occupation? Many H1-B candidates do not have US bachelor’s…

If your client is petitioning for an H1B visa with a foreign degree – especially if it is a three-year bachelor’s degree – you already know you need to submit a credential evaluation for the petition to be successful. More and more education RFE’s are issued every year to clarify foreign degree equivalencies. However, RFE’s…

Talk of raising the H1-B annual cap from 65,000 visas to 110,000 will not come to fruition for the FY 2017 filing season. This means that the same number of annual H1-B visas will be available for a rapidly growing number of candidates. CIS is required to accept petitions for at least the first five…

The H1B visa requires qualified candidates to hold a bachelor’s degree or higher to work their H1B qualified specialty occupation. This means that your client needs to hold a US bachelor’s degree or its equivalent or higher to qualify for H1B visa status. Seems straightforward enough, right? Wrong. And getting more and more wrong as…

The date to file your client’s H1-B petition for the 2017 fiscal year is coming up fast. Last year’s trends and the trends of years previous are expected to continue, and that means even more petitions flooding in for the same number of annual visas. That also means more RFE’s that you might have to…

Education RFEs are on the rise because a Bachelor’s degree equivalence must be a single source, and qualified candidates with three-year degrees and degrees that do not actually have the word “degree” in them are running into trouble. Complex education requirements for EB2 Visa candidates have left many lawyers wondering if it’s even worth the…

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