The quick answer – Computer Systems Analyst. These RFEs are pouring in.
While most of the H1b visas every year are for STEM – Science, Technology, Engineering and Math – jobs, the bulk of the RFE responses to H1b petitions are for Computer Systems Analyst jobs.
Why is this?
In their educational requirements policy, the USCIS states, “A generalized degree, absent specialized experience, is insufficient” to prove an H1b candidate is educationally qualified for their specialty occupation. For example, the USCIS cites, “Since there must be a close corollary between the required specialized studies and the position, the requirement of a degree of generalized title, such as business administration or liberal arts, without further specification, does not establish eligibility.”
When one’s education does not work standing alone, an evaluator must include the candidate’s work experience to meet H1b requirements. At the same time, the USCIS requires a candidate’s degree to specifically match their specialty occupation. While employers will hire those with a degree in a field related to their job, the USCIS requires an exact match. Which degree fits Computer Systems Analyst?
Master of Computer Analysis is the ONLY standard degree we have seen that has not triggered an RFE for that job offer. Some other degrees has “slid by” but we have seen RFEs for all of them.
A US Bachelor’s of Computer Science Engineering or its equivalent even receives an RFE for being a “generalized” degree. A bachelor’s degree in Computer Sciences Analysis is an extremely rare degree in the United States, available only at colleges and universities with self-designed degrees. However with work experience you can have that equivalence.
However, most candidates don’t have a Computer Sciences Analysis self-designed degree from a US school. A Bachelor’s of Computer Analysis should be accepted by the USCIS if it is a four-year degree, however the BCA from India is a three-year degree.
The solution? An evaluator can add your client’s work experience to his or her education to show an equivalence to a US Bachelor’s Degree in Computer Sciences Analysis. Although rare this degree does exist, and more importantly it is accepted by the USCIS as fulfilling the requirements for a Computer Systems Analyst.
While RFE’s are not the end of the world and can be addressed, they are also seen as red flags. An RFE for an issue like education can draw attention to the small details of your client’s petition, which can lead to even bigger issues. It is always better to prevent an RFE in the first place than to overturn one later.
About the author
Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credential Evaluation Agency. For a no charge analysis of any difficult cases, RFEs, Denials or NOIDS, please go to http://www.ccifree.com/ or call 800.771.4723.
This article was written by Rebecca Little