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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 Author Sheila Danzig Sheila 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.]]>

    Challenges and Benefits of Hiring H1B Employees to Your Start-Up Staff

    st. Detailed evidence that your company upholds US labor standards is necessary for this application to be approved so you and your employee or client can move forward on the petition process. This will benefit your company in the long run by ensuring that your business is built on a basis of excellence. If you hire a foreign worker, you will most certainly be held to higher standards and have those standards enforced more strictly than if you simply hire US-born workers. However, this will ensure that your company get off to a legitimate start and evolve from a strong, solid foundation. There are simply not enough highly skilled workers who are US citizens to meet the growing job demands of the IT industry, and plenty of brilliant minds from other countries who want to work for you. At the same time, with H1b employees on staff, your company will have strong roots in an international perspective and a global focus. As the business world – particularly the IT world – becomes evermore globally oriented, your company will already be structured for this modern, global industry while established companies and other start-ups that don’t hire H1b workers will have to adapt. It is well worth the extra attention to the details of the petition process to start up your new business with H1b employees on your staff. About the Author Sheila Danzig Sheila 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.  ]]>

    The Truth About The Green Card Lottery for Prospective Lawful Permanent Residents

    Getting a Green Card can be very difficult these days but the green card lottery offers hope for many. Learn how to get one here. (EMAILWIRE.COM, June 16, 2009 ) A Green Card is an official card issued by the United States Citizen and Immigration Services (USCIS) granting foreign nationals permanent residency in the US. Form I-551 as it is officially referred to, allows the holder to live, work and study in the US. This makes it superior to H1Bvisa or any other visa available. Basically, there are four sure ways to obtaining Green Card. They include: • Green Card Employment & Sponsorship. This way of securing a Green Card has very many advantages embedded in it. They include: • Your sponsor or employer in most cases is responsible for all application costs. The Employer or the company is then liable to pay for your relocation costs as well. • You do not have to undergo education evaluation since a college degree is not a requirement for qualifying for a green card. • For an employer or sponsor to file your Green Card supplication, you mustn’t be currently in the US borders. • You get a job waiting for you and a Green card simultaneously. • Winning a Green card in the Lottery There usually is an annual green card lottery which is referred to as the DV (Diversity Visa) Lottery.  It avails 50,000 permanent visas to random people across the globe. The program gets its mandate from Section 203(c) of 1990’s US Immigration Act. It is an easy process to apply and is rarely subject to anycredential evaluation. • Green Card through a US Citizen Family Member For eligibility in this criterion, you must have immediate family currently in possession of a green card or is a US Citizen. For this (securing a Green Card on the basis of a relative being a US citizen), you have to undergo a rigorous, multi-faceted process. Your relative (sponsor) abroad has to undergo evaluation services e.g. Prove your relationship, prove support for you at 125% above poverty line et cetera. • Green Card Via Marriage By Marrying a US Citizen, you earn your citizenship. When the process is filed abroad (outside US) it takes a shorter duration of time usually within 6-8 months, to acquire the Green Card. While filed within the US, the individual applying, may work and live in the US immediately after filing but the process will take 12-18 months to actually secure the Green Card. This process is not subject to any documentation by the credential evaluators. Winning a Green Card rarely requires a credential evaluation. “We had one case of a Lottery Winner that needed an evaluations,” said Sheila Danzig, Executive Director of Career Consulting International, www.TheDegreePeople.com. “It was an unusual case and he had to show equivalence to a US High School diploma.”]]>

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