A common EB2 RFE that arrives in the mail instead of an approval is triggered when the beneficiary’s education is not an exact match for the job title on the PERM.
Employers will hire workers who meet the degree requirement in a related field because there is enough overlap in specialized skills and knowledge to do a quality job. However, none of this matters to CIS. Over the past seven or eight years, CIS has been issuing RFEs for beneficiaries with degrees in related fields because they are not an exact match to the job title on the PERM.
While this detail may not stop the new hire from performing their job excellently, it will get in the way of CIS approving their visa, and the bottom line is CIS gets their way.
The best way to address this RFE is to avoid it in the first place. Here’s how:
When you file the beneficiary’s EB2 petition, make sure to include a credential evaluation that takes EB2 educational standards, the job, and CIS approval trends into consideration. The right credential evaluation is written by an agency that works regularly with EB2 cases and their RFEs, keeps up to date on CIS approval trends, international trade agreements, and federal case law, and has an in-depth understanding of education internationally. When it comes to EB2, the bachelors degree must be a single source. That means that a creative approach is often needed that requires in-depth understanding of international education. Sometimes a work experience conversion is needed, other times writing a functional equivalency works best. It all depends on the beneficiary’s education and resume, and on the job in question.
If your education, or if your employee or client’s education is not an EXACT match for the job title on the perm, let us help you. Visit ccifree.com/ and submit the beneficiary’s educational documents and resume, and indicate the job in question. We will get back to you in 48 hours or less with our recommendations on what needs to be included in the evaluation you, or your client or employee needs to meet EB2 educational requirements.
This article was written by Rebecca Little