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h1b cap

Does the Education H1B Qualify? Find Out Fast!

Credential Evaluation, immigration, Visa Approvals

st, and since this year is predicted to follow the trend of those before, you won’t have long before CIS closes its doors. Don’t let the last minute cause you to file an incomplete petition that will only get met with an RFE or worse. CIS educational requirements have changed in the past few years and they’ve just gotten stricter. Your education, or the education of your employee or client alone may not be enough to get their visa approved. You will have to submit a credential evaluation along with the petition to clearly show that the candidate meets H1B educational requirements. At TheDegreePeople, we have been working with H1B cases for a LONG time, and we are well versed in the nature of your needs in the last weeks before filing season. Do not hesitate to contact us for rush services. We can have evaluations completed and sent to you within hours as needed. Here are some common situations where candidates run into trouble:

  1. Education from outside of the United States
If your degree, or if your employee or client’s degree is from any country besides the United States, you will need a credential evaluation to show US equivalent academic value. CIS will not accept the transcripts as is. H1B requirements state candidates must have a US bachelor’s degree or higher or its foreign equivalent. CIS cannot discern academic equivalency for foreign degrees without a credential evaluation stating what the foreign degree means in terms of US academic value. If your petition, or if your employee or client’s petition makes the lottery with a foreign degree but no evaluation, you can count on an RFE or Denial that will be a whole lot harder to deal with a few months down the road.
  1. Three-Year Bachelor’s Degree
CIS will NOT approve three-year Bachelor’s degrees, especially those earned in India, without more evidence. The problem lies in the missing fourth year. CIS requirements state that an H1B qualified candidate hold a US four-year bachelor’s degree or higher. While it has been shown that most Indian Bachelor’s degrees have the same or greater amount of classroom contact hours and thus college credit hours as the US four-year Bachelor’s degree, CIS requires candidates to account for the missing fourth year. The content vs. duration argument and supporting evidence simply will not work. If you have, or if your employee or client has a three-year Bachelor’s degree, the missing fourth year will need to be accounted for with progressive work experience. This is work experience in which the candidate took on increasing responsibility and complexity in their work as time went on indicating that skills and knowledge specialized to the field were learned through this work experience. This work experience must be in the candidate’s exact field of employ, which we will come back to soon. Three years of progressive work experience can be converted into one year of college credit in that field, and this conversion must be done by a professor authorized to award college credit for work experience. ONLY work with credential evaluation agencies that work with professors who can do this or it will not be helpful to your case at all.
  1. Degree Specialization Does Not Match the H1B Job
In years past, CIS has accepted degrees in fields related to the candidate’s H1B job to meet the requirements of academic specialization. However, in the past six or seven years, CIS has been virtually only approving degrees that are an EXACT match. Even though employers hire candidates with related degrees, CIS will not flat out approve their visa. If your major, or if your employee or client’s major was in a field different than their H1B job, you can expect an RFE at best if you submit without a credential evaluation. If this is your situation, or your employee or client’s situation, you will need an evaluation that highlights the college courses taken in the field of the H1B job, as well as a work experience conversion that converts years of progressive work experience in the field into college credit towards a major in that field.
  1. No Degree At All
If this is the situation, you CANNOT submit without a credential evaluation. H1B eligibility leans heavily on education because it is designed to bring highly skilled, highly educated workers to the United States for specialized jobs that the US workforce cannot fill on its own. However, many brilliant candidates are self-taught, learned on the job, or through other means. If this is your situation, or your employee or client’s situation, a credential evaluation that converts years of work experience into college credit will be needed. Yes, that’s twelve years of progressive work experience in the field. Before you file, let us review the candidate’s education and work experience to make sure they meet H1B requirements, and decide what needs to be done to fill in any gaps or clear up any questions CIS may have. At TheDegreePeople, we understand the last minute and offer rush delivery options down to THREE HOURS if necessary. Let us provide a pre-evaluation with all of your options to help prevent or overturn an educational RFE. Simply hit go to ccifree.com and submit the candidate’s educational documents, an accurate resume, the job title, and the desired equivalence. We will get back to you within 24 hours with the pre-evaluation and a full analysis of 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.]]>

Get Those Visas Ready! H1B Season Starts April 1st

Credential Evaluation, immigration, Visa Approvals

st, 2017 for visas for fiscal year 2018. The annual cap is 65,000 for candidates with bachelor’s degrees, and another 20,000 for candidates with master’s degrees of higher. This cap has not changed. Last year, CIS received a record 236,000 petitions in the first five days of opening its doors to petitions, during which CIS is mandated to continue to accept petitions even if the cap is exceeded. After that point, the petitions go into a randomized lottery for review for approval. Every year, more and more petitions have come in, exceeding the annual H1B cap in the first week. There will almost certainly be an H1B lottery again this year. That means if you or your employee or client has a cap-subject H1B job and is petitioning for a visa for FY2018, the petition MUST be filed on April 1st or very shortly after to make the lottery. Make sure that when you file, everything you or your employee or client needs to get the visa approved is included. If you or your employee or client has a degree that doesn’t fit their job title, a foreign degree, a three-year bachelor’s degree, or any other unusual education situation, do not file without first consulting with a foreign credential evaluation agency that specializes in H1B visas. Making the lottery only to receive an RFE or worse is not worth the time, money, and energy. 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.]]>

How to Avoid that H1B RFE

Credential Evaluation, immigration, Visa Approvals

  • Make sure the information is consistent across all of the documents and forms.
    • Don’t ever submit an H1B petition without double-checking every form and document for consistency and accuracy. This means spelling of names, dates of jobs and education, names of employers and schools, and locations of these jobs and schools. Everything must be consistent. CIS is on the lookout for visa fraud. Inaccurate or inconsistent answers are big red flags that can arouse suspicion even though your client and his or her employer is legitimate.
    1. Your client’s job must be a specialty occupation.
    This means your client’s job must require a US bachelor’s degree or higher or its equivalent. To show this, you need to prove that not only does your client’s particular job require a degree to perform, but that similar jobs in similar companies in the same industry also require an advanced degree. This shows that the skills and knowledge needed to successfully carry out the duties of your client’s job requires an advanced degree.
    1. Your client must possess a US bachelor’s degree or higher or its equivalent.
    Unless your client has a very straightforward bachelor’s degree or higher from a US college or university, you will need to get your client’s credentials evaluated by an authorized foreign credentials evaluator. Some degrees are more complex than others because many countries have certifications and licenses that are actually degrees, even though the word degree is not in the title. Professional licenses like the Indian Chartered Accountancy license require the equivalence of the same post-secondary education required for a bachelor’s degree. However, Canadian Chartered Accountancy does not require education that equates to post-secondary education. Another example of a difficult education situation is the Indian three-year bachelor’s degree. While it has the same – if not greater – amount of classroom contact hours as the US four-year bachelor’s degree, you need to account for the extra year of education for CIS to consider the Indian three-year bachelor’s degree as equivalent to the US four-year degree. To do this, a credential evaluator with the authority to convert years of progressive work experience in your client’s field of employ into years of college credit must write an evaluation with the equivalency of three years of work experience to one year of college credit documented and accounted for to account for the missing fourth year.
    1. Your client’s degree must be an exact match for the job offer.
    Until less than a decade ago, an H1B candidate with a degree in a field related to their job title would get their visa approved without an RFE. Now we are seeing RFE’s for degrees that are not an exact match for the job offer. While employers will hire employees with degrees in related fields, CIS will not approve their visas. CIS requires your candidate have the specialized skills and knowledge required for their H1B job. While candidates with related degrees may possess these skills – particularly if they are hired for the job – your client needs to prove this to CIS with a degree match. If your client’s degree is not an exact match for his or her job offer, have a credential evaluator review your client’s education and employment history. An evaluation can be written converting years of progressive work experience into college credit in the major that matches your client’s job. Classroom contact hours in coursework in the matching field can also be evaluated and counted towards a major in that field.
    1. Your client’s degree must be specialized.
    Since the H1B visa is for specialized occupations, your candidate must have a degree that reflects having learned and mastered specialized skills and knowledge. A generalized degree – such as a liberal arts degree with no specific field of specialization – is not adequate to show a candidate possesses such knowledge. If your client has a generalized degree but was still hired for an H1B occupation, clearly his or her employer can see that your client has the specialized skills and knowledge necessary to excel at the job. Now you have to provide CIS with evidence that this is the case. Have a credential evaluator review your client’s transcripts and resume to see what conversions can be made to write an equivalency to a specialized degree that matches the H1B job offer. The H1B visa requirements are very detailed and specific, especially when it comes to your client’s education. H1B trends change as this visa becomes more and more sought after with higher demand for highly skilled workers in STEM industries that the US workforce can supply.   Before you submit, have a credential evaluator look over your client’s transcripts, educational documents, and work experience to see if an evaluation is needed, and if so, what must be done. 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.]]>

    How to Circumvent the H1B Petition Lottery

    Credential Evaluation, immigration, Visa Approvals

    st of every year the USCIS begins accepting H1B visa petitions. Although they must stay open and continue accepting H1B petitions for at least five days, after the cap of 65,000 visas is exceeded the rest of the petitions are selected by lottery. That means if you don’t get your petition in as soon as you possibly can, the chance that your petition will even see the desk of a USCIS agent dwindles. How can you avoid the lottery? One way to circumvent the H1B lottery is to obtain an H1B job that is not subject to the annual cap. Government and non-profit research centers, non-profit sector occupations, and jobs working for colleges, universities, and other institutes of higher education are not subject to the cap. Another way is to get your visa in as soon as the USCIS begins accepting petitions on February 1st. Every year more and more petitions are being filed due to the exploding information technology industry. Make sure you are ready to file on February 1st with all of the proper documents in their proper order. One of these documents is an evaluation of your foreign education. If you got your degree outside of the United States it is your responsibility to clearly show what its academic value means in terms of US educational standards. The only way to do this is to get your degree evaluated by a credential evaluation agency with the authority to convert classroom contact hours into US college credit hours. This will bridge any gaps between the academic content of US degree programs and corresponding programs from other countries. Have everything ready to submit on time to avoid the H1B lottery and boost your chances of having your petition approved. Once you have your H1B visa, renewals, extensions, and transfers are exempt from the cap. You will also have your labor rights protected and your family will be able to join you for your stay in the United States.]]>

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