EB3 visa

I-140 Prevention and Solutions

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.]]>

EB2 or EB3? Know which one before you file!

  • The candidate’s job.
  • The candidate’s education.
  • For both EB2 and EB3, the job must hold as a minimum requirement the visa’s education requirements, and the candidate must meet these requirements within CIS guidelines for equivalency. That means the candidate must hold the required degree or training for the job, and the degree must be in the exact field of the job.EB3 is for skilled, unskilled, or professional workers. These requirements are different for the different kinds of jobs. If the job is classified as skilled work, to meet EB3 requirements the job must require at least two years of training or job experience, and the candidate must have this education or experience. For jobs classified as professional, the job must require and the candidate must hold a US bachelor’s degree or its foreign equivalent in that field. If the job is classified as “other” or unskilled, the job must require and the candidate require less than two years of training, and the job must be permanent to meet CIS requirements for EB3.As you can see, EB3 is a broad classification that most candidates can meet. EB2 visa requirements are much more strict and have very specific requirements surrounding equivalencies for candidate with degrees from outside of the United States.To meet EB2 requirements, candidates must either have:
    1. A US bachelor’s degree or a SINGLE SOURCE equivalent FOLLOWED BY five years of progressive work experience in the field, or
    2. A US Master’s Degree or higher or its foreign equivalent.
    For candidates with education outside of the United States, meeting EB2 education requirements can be difficult because of the single source equivalency rule. The Bachelor’s degree equivalency must be a single source, so when it comes writing equivalencies for three-year bachelor’s degrees, you or your employee or client may not be able to meet EB2 standards. For example, when we work with H1B visas, when candidates have three-year degrees and at least three years of progressive work experience in the field, we can write a credential evaluation that converts the three years of progressive work experience into one year of college credit in the field, signed off by a professor authorized to issue college credit for work experience. We can then add that additional year to the three-year degree and have what CIS would accept as the equivalency of a US four-year Bachelor’s degree. The does NOT work for EB2 because the Bachelor’s degree must be a single source, so combining years of education with work experience will just result in an RFE or Denial.If you or your employee or client has a three-year Bachelor’s degree and no additional education, their best option is to file for EB3 as a skilled worker with an Associate’s degree and work experience. Filing for EB2 would be a waste of time.However, there are situations where a candidate DOES qualify for EB2 with a detailed credential evaluation. Before you get too far on your case or your employee or client’s case, visit ccifree.com and submit the candidate’s educational documents and a current, accurate resume, along with the job or desired equivalency. We will get back to you within 24 hours with a pre-evaluation of the candidate’s education, a full analysis, and an overview of 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.]]>

    The difference between an evaluation for college study, for H1B, and for I140, and why you need to know.

    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 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.]]>

    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. ]]>

    The Answer to Your EB2 RFE is NOT in the RFE!

    Do you, or does your employee or client meet the educational criteria of the visa?First and foremost, make sure that the beneficiary’s education meets the educational criteria for the particular visa preference classification. For example, and EB2 visa requires beneficiaries to hold a US Master’s degree or higher or its foreign equivalent, or a US bachelor’s degree or its equivalent FOLLOWED BY five years of progressive work experience in the field. If you or your employee or client does not meet these requirements, or cannot meet them with a detailed credential evaluation, you are petitioning for the wrong visa. However, many candidates who do not immediately meet these criteria actually do with the proper credential evaluation. This brings us to the second educational requirement for I-140 visas:The Bachelor’s Degree must be a single source.This means, unlike other visas such as the H1B, your client cannot combine work experience with years of college credit to write a bachelor’s degree equivalency. It must be a single source. This can become troublesome if you or your employee or client holds a three-year bachelor’s degree from a country outside of the United States because that missing fourth year is going to be a problem. However, years of progressive work experience in the field can in many cases be evaluated to be the equivalency of a US Master’s degree in the field, accompanied by the proper evidentiary support, documentations, and citations.The Education and Job Must Meet Visa CriteriaIt is tempting for candidates with EB3 qualified education to try for EB2 preference. This is because the wait time for visas being processed is years shorter for EB2 candidates than for those of EB3 education. Do NOT be tempted into petitioning for a visa that is not right for your client. EB2 candidates must hold a US Master’s degree or higher or its foreign equivalent, OR a US bachelor’s degree or its foreign equivalent FOLLOWED BY five years of progressive work experience in the field. These requirements are extremely specific, but also very clearly spelled out. If you are unsure about your client’s education, talk to a credential evaluator who often works with I-140 cases and their RFEs. In the same way, some jobs simply don’t meet the specialization requirements of EB2 or EB1. These visas require highly specialized jobs with advanced degrees and work experience necessary to perform. If you or your client or employee does not hold a job that fits these requirements, you may be chasing the wrong visa.USCIS defines progressive work experience in the field as “demonstrated by advancing levels of responsibility and knowledge in the specialty.” This means that the candidate must have clearly learned skills and knowledge essential to the industry through this work experience, and instead of passing a test or getting a grade, this progress is evidenced through promotions and increased responsibility. Progressive work experience comes in handy candidates don’t have the number of years necessary in their foreign bachelor’s degree to make a single source US equivalence, and also when they run into the next RFE-triggering problem.The Degree MUST Match the Job OfferIf your education, or your employee or client’s education doesn’t match the job offer on the PERM, you will receive an RFE. This is because candidates need to have the specialized skills and knowledge necessary to perform their job, and a degree in a different field does not assure CIS that they meet minimum requirements to perform their job. Employers will often hire employees with degrees in related fields that are not an exact match because they know there is enough information overlap, but CIS will question their qualifications with an RFE. If your degree, or your employee or client’s degree does not match the job offer, progressive work experience in the field can be converted into the necessary degree specialization. For example, say you or your employee or client has a job in computer sciences but a Master’s degree in engineering. The beneficiary also has five years of progressive work experience in the field of computer sciences. A credential evaluator with the authority to make this conversion can write the equivalent of five years of POST-BACHELOR’S DEGREE work experience in the field of computer sciences to a US Master’s degree in computer sciences.If you or your employee or client received an RFE, read it over carefully, but don’t get lost in it. Instead, sit down with your team and understand which of the ORIGINAL VISA CRITERIA are in question. Find out what evidence you need to provide to meet the ORIGINAL VISA CRITERIA that are in question and submit that documentation in your answer. The roadmap to answering the RFE is NOT in the RFE, so look to the original visa criteria and make sure that you’re not leaving any open gaps or failing to meet any requirements.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.  ]]>

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