Mega H1B Immigration Conference Call – DON'T MISS IT!
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nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days. For the past few years, the cap has been met before the mandatory five business days is up, so that means you have to file THIS WEEK for you, or your employee or client to have a shot at making the H-1B lottery for FY2019. Last year, we saw an unprecedented number of RFEs, especially targeting computer programmers. This year, make sure you take steps to preempt an RFE or rejection. Don’t fall into common RFE traps by taking these precautions:
nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery. Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case. Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions. If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements. Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized. There are some situations that are RFE magnets. If you, or your employee or client: • Has a degree from outside of the US, • Has a three-year bachelors degree, • Has an incomplete degree or no college at all, • Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or • Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization, You need to know before you file and address the situation accordingly to preempt an RFE. At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.]]>
specialty occupation as a job that requires application of a highly specialized body of knowledge on a practical and theoretical level, and requires the worker to have earned a US bachelor’s degree or higher, or its equivalent as a minimum requirement for entry into that job in the United States. It’s important to note here that the job itself needs to require this educational minimum, it is not enough for the beneficiary to have earned a bachelors degree if it’s not needed to gain entry to the field. This definition serves as the basis for what CIS will consider a job that qualifies for H1B status. However, this definition is too simplistic to apply to the nature of specialized occupations in the real world. Jobs do not exist in a vacuum, and different states have different educational requirements for entry into many specialized occupations. Some require a bachelor’s degree or its equivalent as a minimum, and others don’t for the same job, just across state lines. There are two standards that allow for some level of subjectivity within the industry, and at the discretion of the employer that factor into CIS’ determination. The first is the industry standard criteria, added in 1990. What this standard means for H1B occupations is that the position in question must typically require the attainment of a US bachelors degree or higher as a minimum requirement, and that in similar organizations, this same baseline qualification is standard for this position. The second is the employer-standard, which becomes useful when the job in question doesn’t meet the industry standard because of circumstances unique to the position and company in question. To meet CIS specialization requirements by this standard, the employer must typically require a US bachelors degree or higher for the position in question, and that the nature and duties of this position are uniquely specialized so as to require this advanced degree. If your client or employee is in one such job, you need to go a step further in the petition to show that state regulations for this occupation meet H1B specialization requirements. Likewise, if your employee or client has a job that does require an advanced degree, but does not obviously require an advanced degree, detailed evidence and documentation is needed to prove specialization to CIS. At TheDegreePeople, we work with RFEs and difficult cases every year. We know what jobs and degrees trigger RFEs, and we know how to prevent them. Visit ccifree.com for a no-charge and no-obligation review of your client or employee’s case.]]>
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.]]>
ccifree.com/ or simply reply to this email for a no cost and no obligation full review of your case, or your client or employee’s case. At TheDegreePeople.com, we work with RFEs every year. We know what triggers them, and we know how to answer them, and most importantly, we know how to prevent them. We will review the entire case, and get back to you within 48 hours with a full analysis, pre-evaluation, and our recommendations moving forward.]]>
Don’t file without double-checking every document included for consistency. Inconsistent spelling of institutions, workplaces, and even names can hurt the credibility of the petition. Make sure location, education, and employment dates match on all documents. Don’t assume CIS knows the academic value of a foreign degree. Don’t assume CIS will see that the candidate’s education and work experience indicate the degree of skill and specialization needed for the candidate to excel at his or her H1B job simply because the employer did. Don’t file with pages out of order. Making your petition, or your employee or client’s petition readable and easy to digest is key to a favorable outcome. Do check in with a credential evaluator with experience working with H1B cases and their RFEs before you file to make sure the education is in order. Do include a foreign credential evaluation in the petition if the degree is from outside of the United States. Do include a foreign credential evaluation in the petition if you or your employee or client has a degree in a field other than their job, a generalized degree, or no college degree. Unless the degree is a four year US bachelor’s degree or higher in the exact field of the H1B job, never assume CIS understands the value of the education. CIS approval trends change, and the person adjudicating the petition is most likely NOT an international education expert. You will need to use the petition to hold CIS’ hand and guide them through the story of why you, or your employee or client is H1B qualified. 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.]]>
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.]]>