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5 Red Flags to Fix in Your H-1B Petition to Prevent an Education RFE

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Education RFEs may be the most consistently common H-1B RFEs over the past decade. 

H-1B eligibility requires beneficiaries to hold a US bachelor’s degree or higher or its equivalent in the field of the H-1B job.  While employers routinely hire employees with degrees in related fields with work experience in the field of the H-1B job or enough educational overlap to ensure qualification, USCIS will not approve their visas without a credential evaluation.  Employers routinely hire employees with incomplete college or no college if they have the field experience and skills needed to perform the job, but USCIS will not approve their visas without a credential evaluation.  Many H-1B employees earned their degrees in a foreign country. 

USCIS will not approve their work visas without a credential evaluation.  This requirement necessitates additional hand-holding because it is on the applicant to clearly show that the employee has equivalent of a US bachelor’s degree or higher in terms of US academic standards.

There are very specific situations that will prompt USCIS to scrutinize the petition which can quickly escalate into a complex RFE that is very difficult to answer. 

  1. Degree earned outside of the United States.
  2. Three-Year Bachelor’s Degree.
  3. Major does not exactly match the field of the H-1B job.
  4. Incomplete college.
  5. Missing college or college was completed at an unaccredited institution.

If one of these situations exists in your case it is essential to fix it before you file.  If an RFE has already arrived, the solution is the same.  Include a detailed credential evaluation written uniquely for your case which takes the job, the education, work experience, H-1B visa requirements, and USCIS approval trends into account.  This may include a close evaluation of course content, and it may include a work experience conversion. 

Do not submit an H-1B petition or RFE response without making sure all of the red flags are fixed.  Let us review your case for free.  Visit www.ccifree.com and we will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

H-1B Support: Refuting the Specialty Occupation RFE

Credential Evaluation, immigration, Visa Approvals

specialty occupation according to USCIS statutes. Here is where it gets murky: There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute. INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty. Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.” In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:

  1. The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
  2. This minimum degree requirement is normal for this job in similar organizations in the industry.
  3. The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
  4. The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.
If the job meets one of these four requirements – and the beneficiary meets the educational and experiential requirements as well – the job meets H-1B eligibility requirements. However, you will need evidence to back up that the specialization of the job in question is consistent with industry standards or employer hiring practices. This requires a detailed employer support letter, but CIS will NOT just take the employer’s word for it. Your RFE response must also include an expert opinion letter to back up that the job does meet H-1B specialization requirements. At TheDegreePeople.com we have experts on hand 24/7 to review your case and write the letter you need, or your employee or client needs to get that RFE overturned. Every year, we work with difficult H-1B RFE cases and we get them overturned virtually every time. For a no charge and no obligation review of your case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis and expert consultation on how to best proceed.]]>

Degree Equivalency or False Translation? – Find Out Now!

Credential Evaluation, immigration, Visa Approvals

kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same. The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency. For a free review of your case, or your client or employees case, visit ccifree.com/. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.]]>

Is H1B the Right Filing for You? Find out NOW

Credential Evaluation, immigration, Visa Approvals

st is coming up fast, and it’s time to organize those H1B petitions. Before you begin the filing process, it’s important to know for certain that the candidate and the job meet H1B eligibility requirements. H1B requirements state that the job must require a minimum of a US bachelors degree or higher or its equivalent to perform, and the candidate must meet this educational standard in the field of the H1B job. That means you or your client or employee needs a US bachelors degree or higher or its equivalent in the correct field. Candidates with education from outside of the US, incomplete education, or complete education with a major in a field that doesn’t exactly match their H1B job get RFEs without taking precautionary measures in the initial petition. Last year, we saw a spike in occupational RFEs where computer programmers at level 1 wages were targeted for lacking in specialization. This year, before you file, make sure that the requirements are met, and that you have the additional documentation and evidence needed to prevent any RFEs you or your employee or client may be susceptible to given their circumstance. There are two factors to take into consideration when determining H1B eligibility: 1. The Occupation Does the beneficiary’s occupation meet H1B requirements? To qualify, it must require a minimum of a US bachelors degree or higher or its equivalent to carry out the complex duties of the job. To prove this, you will need to clearly show that this educational requirement is the standard for the industry, meaning that similar jobs in the industry at similar companies also have this minimum educational requirement. If this job is uniquely complex, you will have to clearly show how its duties require an unusual level of specialization. If you or your employee or client is a computer programmer at level 1 wages, you will need to include an expert opinion letter that explains how wage levels work in this instance – that level 1 wages does not mean the job is an entry-level position – and a detailed description of the job’s duties showing that a minimum of a US bachelors degree or its equivalent is needed. 2. The Education The beneficiary needs to have a US bachelors degree or higher or its equivalent in the exact field of the H1B job to get approved without an RFE. If you or your employee or client has a degree from outside of the US, a degree with a major that doesn’t match the job exactly, a generalized degree, or no completed degree, you will need to submit a credential evaluation along with the petition that fills in the missing gaps. This evaluation must be tailored to the beneficiary’s unique situation that takes their pathway through education, the job, and the visa requirements into consideration alongside CIS approval trends, graduate program and university admissions precedents, international trade agreements regarding educational portability, international education, and a whole host of other factors. If you talk to an agency and they don’t ask about the job or visa, look elsewhere, because without this information the right evaluation cannot be written. However, before you go through the process of ordering the evaluation and organizing the petition, you need to make sure you have, or your employee or client has the progressive work experience, external training, and academic course content to meet CIS educational requirements. For a free review of your case, visit ccifree.com and submit the educational documents and resume, and indicate the job in question. We will get back to you in 48 hours or less with a full analysis, whether or not the beneficiary can meet CIS educational requirements, and if so what is needed to be done to meet these requirements clearly.]]>

H1B RFE Survival Guide For FY 2019

Credential Evaluation, immigration, Visa Approvals

st and August 31st, CIS issued 85,000 RFEs, which is a 45% increase from that same period of time in 2016. Going into this filing season starting Monday April 2nd, 2018 for FY 2019, we’re still anticipating the cap will be exceeded quickly and there will be an H1B lottery, and we’re anticipating a high volume of RFEs. To make sure your petition, or your client or employee’s petition gets into the H1B lottery, it MUST be filed between April 2nd and April 6th, 2018. As you prepare the petition, it’s important to keep in mind common RFEs from last year so you can take measures to prevent them this year. Last year, CIS issued an unprecedented number of RFEs regarding wages levels and occupational specialization. Here’s how it breaks down: First, H1B eligibility requires beneficiaries to be paid the prevailing wages and benefits for that position in companies in that industry of that size, and in that geographic location. Last year, a common RFE claimed that the wage level for the job in question was set too low, based on the complexity and specialization of the duties of the job. Second, for a job to be eligible for H1B, it must require a minimum of a US bachelors degree or its equivalent or higher. CIS issued an unprecedented number of Level 1 Wages RFEs last year claiming that the wage level indicates the job is entry-level. This becomes a problem when entry-level positions in the industry, or the job in question don’t meet the minimum H1B educational requirements. Before you file, make sure the beneficiary is being paid the prevailing wage for their H1B job. If the job is set at Level 1 Wages, but the position is not entry-level and does meet CIS educational requirements, you will need to include an expert opinion letter and additional documentation in the petition that states why the job and the wages still meet H1B requirements. We can help. Visit ccifree.com/ for a free review of your case.]]>

Everything You Need to Know about H1B RFEs for 3-Year Degrees

Credential Evaluation, immigration

One of the very most common H1B RFE triggers is a 3-year bachelor’s degree with no credential evaluation, or with the wrong kind of credential evaluation. Many H1B candidates come to the United States to work missing a fourth year of education. The Indian 3-year Bachelor’s degree is the most common 3-year degree to trigger an RFE because there are only twelve years of pre-college education rather than thirteen. Although 3-year degrees from India tend to have even more classroom contact hours than the US 4-year bachelor’s degree, CIS is hung up on that missing fourth year. If you or your employee or client has an Indian 3-year bachelor’s degree and you submitted the H1B petition without a credential evaluation, chances are you received an RFE regarding the candidate’s education. Even if you did submit a credential evaluation with the petition, you may have received an RFE anyway, and here’s why: Every visa has particular regulations surrounding what CIS will and will not accept for educational equivalencies. In addition, CIS approval trends change year to year. For example, in the past, we could write a classroom clock hours conversion breaking down the number of hours students spend in class for an Indian 3-year Bachelors degree. Then, we would use the Carnegie Unit conversion which converts fifteen hours of classroom contact hours into 1 hour of college credit. A US 4-year Bachelor’s degree contains a minimum of 120 credit hours. If the 3-year degree contained at least this many credit hours, the equivalency would work. This is not the case anymore. Now, the right credential evaluation for an H1B candidate’s 3-year degree uses a work experience conversion to account for the missing fourth year. CIS is VERY focused on that missing fourth year of education regardless of the intensity of education. Here’s how it works: Three years of progressive work experience in the field of your or your employee or client’s H1B job can be converted into one year of college credit. In this work experience, the candidate must have taken on more responsibility and tasks of greater specialization while at this job, proving that education occurred on the job. This conversion must be written by a professor authorized to grant college credit for work experience. At TheDegreePeople.com, we always have authorized professors on staff available to write these evaluations. If you or your employee or client received an RFE for a 3-year degree, don’t get too far on your response without a full analysis of your situation and all of your options moving forward. Let us review the case. Simply go to ccifree.com and submit all of the educational documents and a current, accurate resume and we will get back to you within 24 hours with your pre-evaluation, full analysis, and all of your options. About the Author Sheila Danzig Sheila Danzig is the Executive Director of TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

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