Case Study: EB-2 Education RFE – Overturned!
Position indicated on Form I-140 fit the category indicated in Part 2. Part 2 is where you must indicate the visa classification. This is based on what credentials are required as minimum requirements for entry into the position. You must choose a classification, and you must ONLY choose one. Applicants selecting the EB2 category tend to run into the most trouble here. The EB2 category requires the position and the beneficiary to hold a minimum of a US Master’s degree in the field, or a Bachelor’s degree in the field FOLLOWED BY five years of progressive work experience, or its equivalent. Since EB2 processing time is much faster than the EB3 classification, beneficiaries and their sponsors have incentive to try to make the position – and the candidate – fit into the wrong category. Oftentimes, the positiondoes fit into the EB2 classification, but sufficient evidence and expert analysis is lacking, and this is what you need to provide in your RFE response. Answers between the PERM and Form I-140 are inconsistent. Inconsistent answers between forms are a surefire way to trigger an RFE. Make sure answers are consistent in their content and in their spelling between forms. If there are amendments, make sure to check yes for Part 4, Item 7 accompanied by an attached explanation of any changes made on a bright colored sheet placed directly beneath Form I-140. Write that the PERM has already been submitted and that this is an amended petition. Include the receipt number for the PERM. This way, inconsistencies between the PERM and I-140 will be clearly explained to CIS and they will not have to ask inquire about it. Sometimes they will anyway, but you will have already strengthened your case with the amendment and this will help you greatly in an RFE arrives. The petition did not include a credential evaluation or included the WRONG credential evaluation. If the beneficiary’s degree or degrees were earned outside of the United States, a credential evaluation will be needed to clearly show the educational value of the degree in question by US educational standards. If the degree does not match the field of employ, or if there is incomplete college – or no college, but a lot of work experience in the field – a credential evaluation will be needed to close any gaps between the education the beneficiary has, and the education the beneficiary needs to meet the educational requirements of the category indicated in Part 2 of Form I-140. If a credential evaluation is not included and the beneficiary has anything but a straightforward degree earned in the US in the exact field of the job in question, it will likely trigger an RFE. Choosing the right credential evaluator is essential because educational requirements when it comes to equivalencies differ between visas. If the evaluator doesn’t ask about your, or your employee or client’s job or visa, look elsewhere. The agency should not rely solely on online equivalency databases, but rather have their own updated reference library that includes CIS approval precedents, federal caselaw, and international trade agreements regarding employment and education portability. At TheDegreePeople, we have experts in every field on hand to write expert opinion letters to strengthen your case, or your employee or client’s case, and evaluators with extensive experience in international education, college and graduate program admissions, and working with Form I-140 cases and their RFEs. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.]]>
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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.]]>
ccifree.com/ for a no charge and no obligation review of the. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our recommendations.]]>
ccifree.com and submit your clients resume and educational documents. We will get back to you within 48 hours with our recommendations.]]>
ccifree.com and submit the candidate’s educational documents and a current, accurate resume, along with the job and desired educational equivalency. We will get back to you within 24 hours with a pre-evaluation and full analysis, and consult with you on your options. Sheila Danzig Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723. ]]>
TheDegreePeople, we keep one eye on the education, and one eye on CIS. We ask questions about the visa to make sure we provide you with the best possible match based on the visa you, or your employee or client is filing. Come to us before you file. We can review everything at no charge and eliminate any situations that simply won’t work. This will save you a great deal of time, money, and peace of mind. For a full analysis and pre-evaluation of any case, simply visit www.ccifree.com, fill out the short form, and attach all required documents. We will get back to you in less than 24 hours at absolutely no charge with all of your options. 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.]]>
ccifree.com, let us know the visa and job, and attach the candidate’s educational documents and resume. Within 24 hours, we will send you a pre-evaluation and full analysis of all of your options. You will know what you’re working with, and be able to move forward accordingly. It’s not uncommon for candidates to insist that their high school diploma is a college degree, or for a translated document to report a false academic equivalency. This happens for two main reasons. First, many degrees don’t actually have the word “degree” in the title. When this is translated, it is unclear whether or not the candidate actually has earned the postsecondary education necessary to meet the academic qualifications for their visa. On the same note, some credentials that do have the word degree in the title are not the academic equivalent of US postsecondary education, and some credentials don’t have the word “degree” in the title and are not degrees, period. Some countries have the same titles for different education. For example, the Indian Chartered Accountancy certification is the equivalent of a US bachelor’s degree in accounting while the Canadian Chartered Accountancy certification is not. The second reason this happens is because when documents are translated from their original language into English, some degree titles don’t actually have a direct linguistic translation into English. Others do, but the academic value is different. It’s easy for translators to accidentally insert misinformed judgment into the academic value of a degree through translation. It is always best for translators to simply perform a direct translation and then have the documents passed onto a credential evaluator for the next step. Understanding the value of a foreign degree requires a complex, specialized understanding of international education. Understanding the structures of education and the educational steps required to earn each credential, as well as international trade agreements, graduate program admissions trends, CIS trends and precedents, and federal case law is required to write an accurate evaluation that CIS will understand and accept. Before you file, make sure you, or your employee or client has the right education for the visa. If you’ve already received an RFE, it’s not too late! Simply go to ccifree.com and submit the educational documents and a current resume, and indicate the visa and job. We will get back to you within 24 hours with a pre-evaluation of your case and all of your options for evaluation. 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.]]>