Category archive: Visa Approvals

The approval process for EB2 visas is long, arduous, and can get quite costly. That means when you submit your petition, or your client or employee’s petition for adjudication, you want to get it right the first time. If there are errors, inconsistencies, or requirements not met in the initial petition – or if CIS…

More and more H-1B petitions are coming in each year for the same 85,000 annual visas. At the same time, we have seen a sharp increase in the prevalence of RFEs in response to these petitions. Why You Don’t Want that RFE An RFE is a tool that CIS uses to make a decision about…

It’s been called impossible. It’s been called ridiculous. It’s been called the Nightmare, and it’s been called the Kitchen Sink…because absolutely everything is in it including the Kitchen Sink. It’s the scariest RFE out there and we’ve been seeing more and more of them every year. Just what exactly is the Kitchen Sink? Take a…

About one in every four H-1B petitions receive an RFE. The first step to answering an RFE is to understand what CIS is asking, who dropped the ball, and who can provide that information. Just because someone is at fault for your RFE, or your employee or client’s RFE does not mean you should fire…

It’s RFE Season! If you receive an RFE, respond to it as soon as possible. Once you respond and CIS receives the answer, you may have to wait to find out whether or not your H1B petition was approved. You don’t have to be one of those people left in limbo. Respond ASAP and get…

Education RFEs are some of the most common RFEs H-1B candidates receive post-lottery. Since this work visa is set aside for foreign nationals with US bachelor’s degrees or higher, or their equivalents, when a candidate’s degree was earned in a different country with a different education system, the value of this degree is murky. USCIS…

A recent client came to us with a bachelor’s degree in engineering for a job in computer sciences and a big RFE to show for it. Candidates for both H-1B and EB2 visas have been running into this problem because while employers will hire them with degrees in related fields – because of related work…

At TheDegreePeople, we recently helped a client with a three-year bachelor’s degree overturn the Denial he received from USCIS for his EB2 petition. He had over ten years of work experience in his field of employ, a three-year bachelor’s degree, and a two-year master’s degree. PERM requirements for his visa stated he needed a master’s…

When the number of H-1B petitions submitted that are not cap-exempt exceeds the allotted 85,000 annual visas, USCIS uses a randomized, computer-generated lottery to determine which visas are accepted for consideration for these visas. All visas selected are reviewed by CIS, and the rest are sent back to the petitioners and their employers. For the…

One filing that very often triggers an RFE is when a beneficiary applies for an H-1B visa for the job offer computer systems analysis. Since his or her degree must be an exact match for the job offer, candidates run into trouble because a US bachelor’s degree in computer systems analysis is extremely rare. Too…

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