expert opinion letter

H1B 2019 Post-Memorandum: Who Caused that RFE?

Sometimes it’s no one’s fault, and sometimes it’s fault of USCIS.When working with any bureaucratic process, there is the possibility of error.  When working with USCIS, there is the understanding that processing errors occur, and that their approval trends are volatile and can be unpredictable.  It can be difficult to anticipate which parts of the law they will interpret which way from year to year.  If approval issues arise due to bureaucratic or human error, there will likely be a way to address it.  A Denial is not the end of the road, it is just harder to overturn than an RFE.  If it is no one’s fault, or if USCIS pulls a fast one on us again, we can find a way to work around it.Sometimes the lawyer caused the RFE.Occasionally, an immigration attorney will file the wrong document, or file the petition wrong.  While this is rare, it can cost an outright approval.  To prevent this, legal assistants are encouraged to check in with to make sure that they have all of the necessary immigration forms, labor forms, and documentation necessary to file everything on time, in the right order, and filled out appropriately.Sometimes the beneficiary caused the RFE.It is not uncommon for a beneficiary to misunderstand the US academic equivalency of their education.  Sometimes a bachelor’s degree in one country is not a bachelor’s degree in the United States because even though the words translate the educational value does not.  Some certifications and professional licenses in some countries are the equivalent of a US bachelor’s degree in that field, while the US license or certification is not.  Sometimes a beneficiary will have a degree from an unaccredited academic institution, or even from a degree mill.  It is important for beneficiaries to understand their education, and what it means in terms of US value, and to make sure that their school is accredited.  If the beneficiary does not have the necessary education, it is their responsibility to make sure they have enough education and work experience to make up the equivalency.Sometimes it’s the employer or the job that caused the RFE.If the Labor Condition Application (LCA) is filled out incorrectly or misfiled, if there are discrepancies between the job description and the entry on the LCA, if USCIS feels that the wage level was set incorrectly or that the job does not meet specialty occupation requirements, issues will likely arise in the approval process.  It is recommended that all petitions now include an expert opinion letter clarifying that the job meets H1B specialty occupation requirements and explaining why the wage level is set as it is to meet H1B requirements.Before you file, let us review your case to make sure all your bases are covered.  It is more important this year than ever before to get it right the first time, because you may not get a second chance.  For a free review of your case visit  We will get back to you in 48 hours or less. ]]>

Visa Adjudication Memorandum Support Part II: Expert Opinion Letters for I-140 Issues We Can Help You With

Managerial/Executive Capacity LetterIf you, or your employee or client works as a manager, you will have to provide extra evidence to make sure the job meets certain criteria to work for the selected preference.  The key factor here is to show that the beneficiary MANAGES the daily functions of the business rather than simply PERFORMS them.  Making this distinction clear in a letter by an expert in the field is essential to making sure the beneficiary doesn’t run into trouble with this differentiation in the adjudication process.Extraordinary Ability LetterIf you, or if your employee or client is filing Form I-140 under classification EB-1, you will need to include a letter from an expert in the beneficiary’s field who is not affiliated with the beneficiary themselves.  This letter needs to clearly show CIS that the beneficiary is internationally recognized for their significant contributions to the field of their occupation.National Interest WaiverThis expert opinion letter is needed if your beneficiary is petitioning as key to the national interest.  What is in the “national interest” is not clearly spelled out and is highly subjective, and so an expert opinion letter is needed to prove to CIS that the beneficiary as an individual serves a key function for the national interest, not just that the occupation or field of employment sponsorship is in the national interest.  When CIS determines whether a beneficiary qualifies for a National Interest Waiver, they are looking for scope of benefit – meaning is the benefit of this person’s contribution effects the nation.  They also take into account whether a US citizen with the same qualifications would be able to accomplish what the beneficiary can.  Therefore, the expert opinion letter must address scope and uniqueness regarding your case, or your employee or client’s case.Specialty occupation, credential evaluation, and work experience evaluation issues also arise in I-140 cases.  These expert opinion letters must take the unique educational requirements of the visa into account because the sequence of education and work experience is nuanced, and any bachelor’s degrees or bachelor’s degree equivalency must be a single source.  This can be especially challenging if the degree was earned outside of the US, the degree major doesn’t match the field of employment, or years of college are missing.At TheDegreePeople, we will ALWAYS write you the evaluation or opinion letter you need with regards to your visa, or your employee or client’s visa, the particular occupation for the particular company, and with regards to CIS approval trends and process and policy changes.Whether you are working on an H1B or I-140 case, visit and let us review your case for free to identify any potential issues you may run into with adjudication.  We will get back to you in 48 hours with our full analysis and recommendations. ]]>

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