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Countdown to April 2nd: Your H-1B Last Minute Checklist

nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery. Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case. Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions. If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements. Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized. There are some situations that are RFE magnets. If you, or your employee or client: • Has a degree from outside of the US, • Has a three-year bachelors degree, • Has an incomplete degree or no college at all, • Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or • Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization, You need to know before you file and address the situation accordingly to preempt an RFE. At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.]]>

Does Your H-1B Petition Need a Credential Evaluation? Find Out Fast!

nd, which is just under two weeks away. We predict that the cap will be met by Friday April 6th, so get those petitions ready to file! The last minute is NOT the time to cut corners. Even if you get your petition, or your employee or client’s petition in on time, it will not be approved if it is incorrect or incomplete. That means you need to have all of the documentation and evidence necessary to clearly show you meet, or your employee or client and the job meet H-1B eligibility requirements the first time. That way, if you make, or your client or employee makes the H-1B lottery, it will be easy for CIS to approve the petition. One of the biggest mistakes we see every year is that beneficiaries don’t include a credential evaluation in their petition when one is needed, or the credential evaluation will not serve the needs of the job or visa. To meet CIS educational requirements for the H-1B visa, the beneficiary must hold a US bachelors degree or higher, or its equivalent in the field of the H-1B job. In the past, related areas of study have been acceptable, but in the past several years, CIS has only approved beneficiaries with specialization in the exact field of the H-1B job. That means, to meet H-1B eligibility requirements, you, or your client or employee must have a US bachelors degree or higher or its equivalent in the exact field of the H-1B job. If you, or your client or employee doesn’t have the US degree in the exact field of the job, you will need to go a step farther to show you or your employee or client is qualified for the specialty occupation and for H-1B visa status. Do you, or does your client or employee need to include a credential evaluation to meet CIS educational requirements? If any of the following situations apply to your situation, or your client or employee’s situation, the answer is YES: • Degree is from outside of the United States, especially three-year bachelors degree. • Incomplete college degree or no college at all. • Degree with a major that is not an exact match for the H-1B job. • Degree is generalized with no specialization. • Degree does not have the word “degree” in the title, ex. Indian Chartered Accountancy. The next step is to order a credential evaluation that closes the gaps between the beneficiary’s education and H-1B educational requirements. The right evaluation takes into account the H-1B job and visa requirements. If an evaluator or agency doesn’t ask about the beneficiary’s job or visa, look elsewhere. For three-year degrees, CIS requires a work experience conversion that converts three years of progressive work experience into one year of college credit to account for the missing third year. Only a professor with the authority to grand work experience for college credit can do this. At TheDegreePeople, we have such professors on hand 24/7 to write the review you need. We offer affordable rush delivery options for evaluations needed all the way down to 12 hour rush delivery, by the clock. We have experts on hand 24/7 for free consultations on how to best ensure your petition, or your client or employee’s petition is seamless. Don’t file an incomplete or incorrect petition, simply visit ccifree.com for a no charge and no obligation review of your case, or your client or employee’s case.]]>

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