H1B Case Study: How to Overturn an RFE for Generalized Degree

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Education is a central component of H1B eligibility. This visa is for foreign nationals who work in specialty occupations that require advanced degrees and skills and understanding specialized to their position. If the job does not require a US bachelor’s degree or higher or its equivalent, the job is not considered specialized enough to qualify. Likewise, if a candidate does not hold a US bachelor’s degree or higher or its equivalent, their qualifications are not considered specialized enough to qualify.

What if you or your employee or client has a US bachelor’s degree in liberal arts? The answer is CIS would issue an RFE because this generalized degree does not show that the candidate has specialized skills and knowledge. For this reason, candidates with generalized degrees often run into trouble come RFE season.

When a client comes to us with this kind of situation, we take a look at the content of his or her education. We look at the course content and identify specific courses taken in the field of their H1B job. We then look at their work experience in the field of their H1B job. Three years of progressive work experience in the field can be equated to one year of college credit towards a US bachelor’s degree in that major. We then write an evaluation taking specific courses and work experience into account and write a very detailed and evidence-fortified evaluation that clearly shows the candidate has the equivalent of a US bachelor’s degree in the field of the H1B job. Through this extra step, CIS can clearly see that the candidate possesses the specialized skills and understanding required to be successful at the H1B job, and eligible for H1B visa status.

If you or your employee or client has received an RFE for a generalized degree, talk to a credential evaluator with experience working with H1B RFEs. Be sure to get a consultation before you order an evaluation to make sure that the candidate has the coursework and work experience necessary to write the evaluation you need to overturn that RFE.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.

 

This article was written by Rebecca Little

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