Category archive: Visa Approvals

Ten years ago, receiving an H1B RFE was a relatively rare occurrence. Today, H1B applicants have about a one in three chance of getting an RFE instead of an approval. What does this mean for FY 2019 H1B beneficiaries? There is a strong chance the petition will receive an RFE. This does not mean the…

When CIS finds one problem, they usually find another.  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…

Last year, we saw an unprecedented number of RFEs targeting computer programmers making level 1 wages. These RFEs questioned whether this job met H1B specialization requirements, which states a specialty occupation requires a minimum of a US bachelors degree or higher or its equivalent for entry into the position. Here’s why: CIS assumes that because…

A common RFE we see every year is the Specialty Occupation RFE. Last year, we saw an unprecedented number of RFEs that brought up this issue pertaining to computer programmers making level 1 wages, but this issue can affect any H1B job. To qualify for H1B status, a job must require a minimum of a…

One of the central H1B qualifying components is that the H1B employee must be paid the prevailing wage for the job, in companies of that size, in that industry, in that geographical location. CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine what wage levels are appropriate for each job, and if…

Green card beneficiaries seeking EB2 status need to either hold a US master’s degree or a US bachelor’s degree followed by five years of progressive work experience, or the equivalency of one of these requirements. What if you, or your employee or client holds a degree with a major in a field related to the…

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…

H-1B filing season is over, but that doesn’t mean the work is done. Last year, CIS rolled out an unprecedented number of RFEs challenging occupational specialization. Last year, computer programmers at level 1 wages were targeted for RFEs claiming that the job entry level computer programmer didn’t meet the H-1B specialization requirement that a candidate…

Filing season for the H-1B cap has come and passed. That means this season’s first round of RFEs is on its way. Last year, we saw a spike in Specialty Occupation RFEs that questioned whether a job qualified for H-1B eligibility. For a job to meet H-1B specialization requirements, it must fit the definition of…

Education RFEs for the EB2 classification are common because it weighs so heavily into what defines the requirements for this visa. To meet EB2 requirements and CIS approval trends, a beneficiary must hold a US masters degree or higher or its foreign equivalent, OR a US bachelors degree or its equivalent FOLLOWED BY at least…

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