EB2 visa

Preempt an RFE: Beware of False Translations

kandidat naouk is generally evaluated to be the equivalent of a US doctorate, but it cannot be TRANSLATED into this equivalency.Don’t get too far on your petition, or your employee or client’s petition before without an accurate account of their education. Simply go to ccifree.com and attach the academic documents and a current resume, and indicate the visa, and job or desired equivalency. Within 24 hours, we will get back to your with a pre-evaluation and full analysis of your options.Translation and evaluation are very different, highly specialized services. A good evaluator can spot and correct when academic value gets lost in translation. Foreign credential evaluators typically have significant experience with international credentials from working in university admissions or similar work environments, or have earned graduate level degrees in international education. Because of the complex nature of international education, evaluators must have a firm grasp of education structures across the world, as well as USCIS statutes and precedent decisions, international trade agreements, and more. Evaluations must be performed on a case-by-case basis because every candidate’s path through learning – both in institutions and on-the-job – is unique. Therefore, evaluators must have the experience and insight to pass judgment with integrity.Do not file an H1B or EB2 petition with falsely translated educational documents. Both of these visas rely heavily on academic eligibility and filing with the wrong education will result in an RFE at best, and a lot of extra work.Before you get too far on the petition, let us provide a pre-evaluation with all of your options to help prevent or overturn an educational RFE. Simply go to ccifree.com and attach all educational documents and a current, accurate resume, and indicate the visa, and job or desired academic equivalency. We will get back to you within 24 hours with a full analysis and all of your options.About the AuthorSheila DanzigSheila 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.]]>

Avoid that EB2 RFE: Sidestep Education Traps

  • Mismatched Education
  • If the candidate’s degree is in a field that is not an exact fit for the job offer on the PERM, you can expect an RFE at best. This is a major EB2 education trap because employers will hire candidates with degrees in related fields and work experience in the field, but CIS will not approve their visas. If this is your situation, or your employee or client’s situation, you will need a very detailed and specific credential evaluation to write the US academic equivalency of the right degree in the right specialization. CIS has very strict requirements about how you can meet these equivalency requirements when it comes to EB2. Talk to a credential evaluator to see if you can make this equivalency work with your, or your employee or client’s education and work experience. The answer may be no. If this is the case, don’t be tempted to pull one over on CIS. This will not work.
    1. Bachelor’s Degree Equivalency is not a Single Source
    EB2 education requirements state that to qualify a candidate must hold a US bachelor’s degree FOLLOWED BY at least five years of progressive work experience in the field, OR a US Master’s degree or higher in the field. If you or your employee or client has a bachelor’s degree from outside of the United States, or a US degree in the wrong field, you will need an equivalency that is a SINGLE SOURCE. CIS accepts three years of progressive work experience in the field as the equivalent of one year of US college credit towards a degree in that specialization. Likewise, following having earned a bachelor’s degree, CIS counts fives years of progressive work experience in your client’s field of employ as the equivalent of a US Master’s degree in the field provided that a bachelor’s degree was a minimum requirement for the job itself.This gets tricky real fast. We always recommend taking your or your employee or client’s education and a current, accurate resume to a credential evaluation agency that works regularly with EB2 visas and their RFEs, and that also works with college professors with the authority to grant college credit for work experience. Your will need to have the work experience necessary to provide a SINGLE SOURCE bachelor’s degree equivalency. This requirement is complex and requires expertise to determine whether you or your employee or client can qualify, and to provide the evidence, analysis, and documentation necessary to explain this to CIS in the petition.
    1. Poorly Translated Documents
    Candidates fall into EB2 education traps when they provide mistranslated or misevaluated documents. Some degrees simply don’t translate into English and retain their academic value. Some translation agencies have begun to provide evaluation services that are attractive to candidates wanting to save time and money. However, evaluation is a completely different, highly specialized service because of the complex nature of foreign academic differentiations and the fact that degrees with the same name hold different academic values between countries. Some degrees with different names hold the same equivalency. For example, Indian Chartered Accountancy is the foreign equivalent of a US bachelor’s degree in Accounting while the Canadian Chartered Accountancy and US CPA are not the equivalent of that advanced degree. This sort of problem comes up when academic value gets lost in translation, or when a translator takes credential evaluation liberties without the knowledge to assure accuracy.To sidestep this EB2 education trap, if your or your employee or client’s educational documents need to be translated and evaluated, make this a two-step process. Do NOT compromise on this. You would never take credentials to an evaluation agency for translation! Get them translated into English first, then take them to a credential evaluation agency. Agencies that work regularly with EB2 visas can identify common translation errors and make academic value judgments accordingly.To avoid these EB2 education traps, simply visit ccifree.com and attach all educational documents and a current, accurate resume, along with the job title. We will get back to you within 24 hours with a pre-evaluation of your case, or your employee or client’s case, and a full analysis of all of your options.About the Author Sheila DanzigSheila 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.]]>

    2017 EB2 Education Trends You Need to Know About

    The Degree must EXACTLY fit the job title on the PERMOne common mistake in EB2 filing occurs when a candidate’s education does not exactly match the job title on the PERM. In the past, CIS has allowed candidates with degrees in fields related to their job to have their visas approved, but educational standards have tightened. This means if you have, or if your employee or client has a degree in a field that doesn’t exactly fit the field of employ, you cannot simply file as is. EB2 occupations are highly specialized, and you need to clearly show CIS that you have, or your employee or client has the precise skills and knowledge necessary to excel at the job. This means having education specialized to the profession. If this is you situation, or your employee or client’s situation, have a credential evaluator with experience working with EB2 petitions review the education and work experience. With the proper conversions, documentation, and citations, you may be able to get the evaluation needed to account for the proper degree specialization.The Bachelor’s Degree must be a SINGLE SOURCEIf the bachelor’s or master’s degree is not an exact match for the job title on the PERM, or if you or your employee or client has a three-year bachelor’s degree, or anything other than a straightforward US education that fits the field of employ, DO NOT file without a credential evaluation. The purpose of this is to explain that the candidate holds the educational value equivalency of the education required by CIS to meet EB2 eligibility requirements. However, this leads into another common problem EB2 candidates face: the bachelor’s degree must be a SINGLE SOURCE. Unlike other visas, you cannot combine work experience and college credit to make the bachelor’s degree or master’s degree equivalency in the correct specialization. However, CIS does accept a work experience conversion of ONLY years of work experience in the field into enough years of college credit to meet CIS requirements for bachelor’s degree equivalency. Talk to a credential evaluator with the authority to convert years of work experience into college credit to see if you have, or your employee or client has the background necessary for this solution.EB2 processing time is years shorter than the time it takes to process EB3 petitions. For this reason, candidates are tempted to try to meet EB2 requirements even if they do not. DO NOT BE TEMPTED BY THIS. It is a waste of time. However, if the EB2 educational requirements can be met, definitely take advantage of this. Before you file, have a credential evaluator with extensive experience working with EB2 cases and EB2 RFEs review your case, or your employee or client’s case and see if you can clearly meet the requirements for this visa. If the education and work experiences fit, congratulations! Go for it.About the Author  Sheila DanzigSheila 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. ]]>

    Two Common Reasons and Solutions for Educational RFEs for EB2 Petitions

  • The education equivalency must match the education requirements on the PERM.
  • The bachelor’s degree equivalency must be a single-source degree.
  • The first problem EB2 candidates run into regularly that triggers and education RFE is that their education does not match the education requirements on the PERM. The PERM requires your education, or your employee or client’s education to be an exact match for their job title. This leads right into the second problem.CIS requires an EB2 candidate’s education to have a single-source bachelor’s degree. This means that you, your employee, or your client’s education sources, or education and work experience cannot be combined to write an equivalency.The 2006 Annual Conference of the American Immigration Lawyers Association concluded, “For employment-based immigration visa purposes, the U.S. Citizenship and Immigration Services will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. bachelor’s degree for either EB2 classification.”This means if you, your employee, or your client has a two or three-year degree, the credential evaluator you work with needs to be able to write an evaluation to show equivalence to a US four-year degree without combining work experience to fill in the missing fourth year. While this method of evaluation works for the H1B visa, it will not for EB2.What is the solution? Find a credential evaluation agency that often works with difficult cases, RFEs, and Denials because they understand what triggers them, and they understand how to address them. A knowledgeable evaluator knows the concerns and questions CIS has underlying this kind of RFE and can answer them by citing CIS decisions, memos, precedents, and other evidence that show functional equivalence, and how international trade organizations view the equivalence of your client’s degree. At TheDegreePeople, we are able to write evaluations that get our clients’ three and two-year degrees accepted regularly, but it takes a VERY detailed evaluation in which we hold CIS’s hand, guiding them through the complex terrain of the equivalency.One way credential evaluators address this kind of RFE is by utilizing the progressive work experience conversion formula of three years of work experience in the field to one year of college credit in that field to write a Master’s degree equivalence. A credential evaluator can cite federal case law and CIS precedent decisions to write an evaluation that converts five years of progressive work experience in the field to a US Master’s degree in that field to meet PERM education requirements.We see difficult RFEs and Denials every day at TheDegreePeople. While there are never any guarantees with CIS, we follow their educational trends closely and know what tends to work and what does not. If you, your client, or your employ has received an RFE for an education situation, visit us online at cciFree.com. We will review your case at no cost and advise you on how to best proceed.About the Author Sheila DanzigSheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. ]]>

    How Functional Equivalency can Get Your Client’s Visa Approved

    functional equivalency.An equivalency means that the candidate has the educational experience that has resulted in the same knowledge base and skill set required to work their specialty occupation that a US degree would result in. Equivalency is not always interpreted in a literal sense. Looking up correspondence between degree majors and titles only goes so far when your client has a degree or major that exists in their home country, but not in the United States.It is possible to device an equivalency based on an understanding of the role of the credential concerned as it functions within its native system, independently of what the major, degree, or title is called. This is particularly true when considering credentials that have a professional or vocational orientation.To see how this works, let’s take a look at how the US Bachelor’s of Science degree functions in terms of admission to a US Master’s of Business Administration program. By looking at this functional relationship, we can see that the US Bachelor’s of Science equips candidates with the required knowledge base and skill set US MBA programs require students to have to be successful in MBA programs.Take a US Bachelor of Science with a major in Physics and a US Master of Business Administration. While at first glance, these degrees and majors are unrelated, when considered from the perspective of MBA admissions, a relationship CAN be established because the MBA has a long history of admitting students with Bachelor’s of Science degrees in Physics. They are functionally related in this way. This illustrates that a Bachelor’s of Science in Physics is a functional step – a prerequisite – to an MBA credential. This has particular relevance where USCIS requires that two credentials are related in order to meet a given PERM requirement. Examining admissions practices in Master’s programs in the United States reveals other useful functional relationships not only in the business world, but also in areas such as computer sciences and information management.If your client has a foreign degree without a clear US equivalency, or a vocational or professional credential, they need to have their education reviewed by an evaluator who possesses a deep understanding of the stages of education in systems around the world. The evaluator you are looking for understands how these systems function so they can discern and clearly explain the functional equivalency of your client’s education.About the AuthorSheila DanzigSheila 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.  ]]>

    It’s Easier to Prevent an EB2 RFE than to Overturn One

  • Your education must match the education requirement on the PERM. If your education is not a match, it will trigger an RFE or Denial. If your degree does not match the education requirement, you need a credential evaluation. If your degree is anything other than a straightforward four-year bachelor’s degree from the United States, you need a credential evaluation, and you need to submit it with the rest of your petition and documentation.
    1. Your bachelor’s degree MUST be a single source degree. This is where this first factor can get tricky. With other Visas like the H1B Visa, CIS allows candidates’ evaluators to combine work experience with years of college to equate to a bachelor’s degree. This is NOT the case with EB2, the bachelor’s degree must be from a single source degree. To work around this, you must find an evaluator well-versed in federal case law that allows for using five years of work experience to show equivalence to a US Master’s Degree. At CCI we can do this, and it takes a LOT of research, evidence, and documentation.
    1. Beware of mistranslations. If your transcripts and educational documents needed to be translated into English, the value of your degree may have been inadvertently changed in translation. One common mistranslation is Baccalaureate to Bachelor’s degree, and these degrees are NOT the same. Similarly, the Russian specialist degree is often mistranslated as well. The kandidat naouk is generally the equivalent to a US doctorate, but cannot be TRANSLATED as a doctorate degree.
    John Kersey, international education expert, explains, “In international education, the same term may mean entirely different things. Most bachelor’s degrees in Pakistan, for example, are only two years long and are comparable to a United States associate’s degree, not a bachelor’s degree, which requires three to four years of study. The European Master degree typically represents four years of postsecondary education, and is thus comparable to a United States bachelor’s degree, rather than a Master’s degree, which requires five to six years of postsecondary study.”Some translation firms are now offering evaluation services as well which has compounded the problem. International credential evaluation is highly nuanced and complex, not to mention translation firms do not know the particular degree requirements of each Visa and how that must impact the way the degree is evaluated.The solution? A skilled credential evaluator with expertise in international education can pick up on mistranslations. Be sure to let your evaluator know that your educational documents were translated and find a credential evaluation agency with evaluators who at minimum hold a degree in higher education that includes significant study in international education systems. These evaluators will be able to pick up on mistranslations and have a nuanced understanding of which equivalencies are seen as valid in the eyes of CIS, as well as universities and colleges. Find an evaluation agency with evaluators well-versed in federal case law who can evaluate your work experience into the degree you need to meet the educational requirements on the PERM.Get it right the first time. Don’t make CIS ask again, and don’t give them an excuse to pick your petition apart. These are tricky factors to keep in mind, but now that you know about them, you now have to tools to avoid an RFE.About the AuthorSheila DanzigSheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.]]>

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