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An H-1B Request for Evidence (RFE) is issued by USCIS when the agency determines that the petition, as initially submitted, does not provide sufficient documentation to establish eligibility. RFEs are common, they do not automatically signal a denial, but they do require a timely, well-documented response to keep the petition on track.

Understanding why RFEs are issued, and what specific evidence gaps typically trigger them, is one of the most practical things an H-1B petitioner or sponsoring employer can do before filing.

What Is an H-1B RFE?

A Request for Evidence is a formal notice from U.S. Citizenship and Immigration Services asking for additional documentation or clarification before a final decision is made on a petition. It is not a denial. It is an opportunity to address identified weaknesses in the evidentiary record.

USCIS issues RFEs when an officer reviewing the petition cannot conclude, based on what has been submitted, that all regulatory requirements have been met. The agency sets a response deadline, typically 87 days, and the petitioner must respond within that window.

Failure to respond adequately, or failure to respond at all, generally results in denial.

The Most Common Reasons H-1B Petitions Receive an RFE

1. Specialty Occupation Not Established

This is one of the most common reasons. To qualify as an H-1B worker, the position must meet the legal definition of a specialty occupation, one that requires the theoretical and practical application of a body of highly specialized knowledge and at least a U.S. bachelor’s degree or its equivalent in a specific specialty.

USCIS will issue an RFE when the job description is broad, the role spans multiple disciplines, or the employer has not provided sufficient documentation that a bachelor’s degree in a specific field is a genuine requirement for the position.

Roles with broad titles, such as business analyst, project manager, marketing manager, and operations specialist, are particularly vulnerable to this type of RFE.

2. Degree Does Not Directly Relate to the Specialty

Even when the position qualifies as a specialty occupation, USCIS may issue an RFE if the beneficiary’s degree is in a field that does not directly relate to the duties described. A degree in business administration, for example, may not be accepted as directly relevant to a software development role without additional documentation explaining the connection.

This is an area where an expert opinion letter from a qualified academic or industry professional can be decisive, providing the professional interpretation that bridges the gap between the degree and the occupation.

3. Foreign Degree Equivalency Not Established

H-1B regulations require a U.S. bachelor’s degree or its equivalent. Foreign degrees, particularly three-year bachelor’s degrees from educational systems outside the United States, do not automatically satisfy this requirement.

USCIS may issue an RFE when a foreign degree has not been formally evaluated for U.S. equivalency, or when the evaluation provided is from an agency that may raise credibility concerns. A NACES-member credential evaluation is commonly used in immigration filings.

4. Experience Used in Lieu of a Degree

USCIS permits petitioners to establish degree equivalency through a combination of education and progressively responsible work experience, often interpreted as three years of qualifying experience for each year of missing education. However, this pathway requires specific documentation.

An RFE in this category typically asks for detailed evidence of the experience claimed: employment verification letters, descriptions of specific duties and responsibilities, and often an expert opinion letter from someone in the field who can assess whether the experience genuinely meets the equivalency standard.

5. Employer-Employee Relationship Not Sufficiently Documented

For third-party placement situations, where the H-1B worker will be placed at a client site rather than the petitioner’s own location, USCIS requires evidence that the petitioner retains the right to control the beneficiary’s work. This includes evidence of specific work assignments, contracts with end clients, and itineraries showing that H-1B-qualifying work exists for the full duration of the petition.

6. Maintenance of Status Issues

If the beneficiary is already in the United States on a nonimmigrant visa, USCIS may issue an RFE if there are questions about whether the individual has properly maintained their current status. This includes unauthorized periods of employment, gaps in status, or inconsistencies in the immigration record.

7. Level of Wage and Position

When the Department of Labor prevailing wage determination indicates a Level 1 (entry-level) wage for a position that the employer has described as requiring specialized expertise, USCIS may question whether the position genuinely requires the degree of specialization claimed. RFEs in this category often ask employers to reconcile the wage level with the complexity of duties described.

Why H-1B RFEs Have Increased in Recent Years

The frequency of H-1B RFEs has increased significantly over the past decade, associated with policy changes and increased scrutiny of certain occupation categories and employer types.

Petitions from IT staffing companies, consulting firms, and employers placing workers at third-party sites have historically faced higher RFE rates. This is not because these are impermissible arrangements, they are not, but because the evidentiary requirements for these petitions are more demanding.

The practical implication is that petitions which might have been approved several years ago with minimal documentation may now require substantially more evidence.

Common Misconceptions About H-1B RFEs

Misconception: An RFE Means the Petition Will Be Denied

An RFE is not a denial. Many petitions that receive RFEs are ultimately approved after a thorough response. The outcome depends on the quality of the evidence submitted in response and whether it directly addresses the specific concerns raised by USCIS.

Misconception: The Same Response Strategy Works for Every RFE

Each RFE is specific to the issues identified in the petition review. A response to a specialty occupation RFE is structured very differently from a response to a degree equivalency RFE. Template responses that do not address the specific officer concerns are unlikely to succeed.

Misconception: More Documents Always Means a Better Response

Volume alone does not strengthen an RFE response. What matters is the relevance, specificity, and credibility of the evidence submitted. An expert opinion letter that directly addresses the officer’s stated concerns may be more directly relevant than a stack of tangentially related documents.

Misconception: A Credential Evaluation Alone Is Sufficient for Foreign Degree Issues

A credential evaluation establishes academic equivalency. It does not explain how that equivalency applies to the specific specialty occupation described in the petition. For many RFEs involving foreign degrees, both a credential evaluation and an expert opinion letter are needed, and they serve distinct evidentiary functions.

How USCIS Evaluates RFE Responses

When USCIS receives an RFE response, the reviewing officer evaluates whether the additional evidence, taken together with the original submission, now meets the preponderance of evidence standard, meaning it is more likely than not that all eligibility requirements are satisfied.

Officers look for direct, specific responses to each concern raised in the RFE. Evidence that is well-organized, clearly labeled, and explicitly tied to the regulatory requirements is easier to evaluate and often useful when directly relevant than disorganized submissions.

Key documents commonly included in RFE responses:

  • Expert opinion letters from qualified, independent professionals in the relevant field
  • Formal credential evaluations from NACES-member agencies
  • Detailed position descriptions that map specific duties to degree requirements
  • Industry surveys or occupational data from O*NET or the Bureau of Labor Statistics
  • End-client letters confirming specific project assignments and reporting structures
  • Educational records with course descriptions that demonstrate direct relevance to the position

The Role of Expert Opinion Letters in RFE Responses

Expert opinion letters are among the most frequently cited documents in successful H-1B RFE responses. They function as a professional bridge, translating complex credentials, non-standard educational backgrounds, or specialized occupational knowledge into terms that an adjudicator without domain expertise can evaluate.

An effective expert opinion letter for an RFE response is not a generic attestation of qualifications. It is a case-specific, analytically grounded document that directly addresses the concerns the officer has identified, explains the reasoning behind its conclusions, and references objective standards that anchor its claims.

Career Consultant International prepares expert opinion letters and credential evaluations designed specifically for H-1B petitions and RFE responses. The process is focused on accuracy, case specificity, and compliance with current USCIS evidentiary standards.

Practical Guidance Before and After an RFE

Before Filing: Reducing RFE Risk
  • Ensure the job description maps clearly and specifically to a recognized specialty occupation, using O*NET as a reference
  • Include a formal credential evaluation from a NACES-member agency for any foreign degree
  • When degree equivalency relies on experience, document that experience in precise, verifiable detail
  • Consider including a proactive expert opinion letter if the degree field and the specialty occupation are not an obvious match
  • For third-party placement situations, include end-client letters and assignment itineraries from the outset
After Receiving an RFE: Responding Effectively
  • Read the RFE notice carefully and identify every specific concern the officer has raised
  • Respond to each concern directly. Do not provide general documentation that does not address the specific issue
  • Obtain an expert opinion letter tailored to the specific RFE concerns if degree equivalency, specialty occupation, or experience is in question
  • Organize the response clearly, with each section of evidence labeled and cross-referenced to the relevant RFE concern
  • Respect the response deadline. Late submissions are treated as non-responses

Internal Resources

For professional support with RFE responses, credential evaluations, and expert opinion letters:

Frequently Asked Questions

Why did my H-1B petition receive an RFE?

An H-1B RFE means USCIS determined the initial petition did not provide sufficient evidence to approve the case without additional documentation. Common reasons include questions about specialty occupation status, degree relevance, foreign degree equivalency, or employer-employee relationship. The RFE notice will identify the specific concerns the officer has identified.

Does an H-1B require an expert opinion letter?

Not always, but an expert opinion letter is frequently necessary when the degree field does not directly match the specialty occupation, when a foreign degree is involved, or when experience is used in lieu of a degree. It is also one of the most effective tools in an RFE response when USCIS questions qualifications or occupational classification.

How long do I have to respond to an H-1B RFE?

USCIS typically allows 87 days to respond to an H-1B RFE. This deadline is firm. Responses submitted after the deadline are generally treated as if no response was received, which typically results in denial of the petition. Begin preparing the response as soon as the RFE is received.

Can a petition be denied after responding to an RFE?

Yes. An RFE response does not guarantee approval. If the response does not adequately address the concerns identified by USCIS, or if the evidence submitted still does not meet the preponderance standard, the petition may be denied. The quality and specificity of the response are what determine the outcome.

What is the difference between an RFE and a denial?

An RFE is a request for additional evidence before a decision is made. A denial is a final decision that the petition does not meet eligibility requirements. RFEs give petitioners an opportunity to address evidentiary gaps. Denials may be appealed or reconsidered through a Motion to Reopen or Reconsider, but that process is more complex and time-sensitive.

Do three-year foreign degrees automatically trigger an H-1B RFE?

Not automatically, but three-year foreign degrees are a common RFE trigger because they do not meet the four-year U.S. bachelor’s degree standard on their face. A formal credential evaluation from a NACES-member agency, potentially supported by an expert opinion letter, is typically needed to establish equivalency and prevent or respond to this type of RFE.

Can I file a new H-1B petition after a denial?

In some circumstances, yes. If a petition is denied, the petitioner may file a Motion to Reopen or Reconsider, or file a new petition during the next applicable filing period. The appropriate path depends on the specific grounds for denial and the petitioner’s immigration circumstances. Consulting with a licensed immigration attorney is advisable in denial situations.

How does a credential evaluation help with an H-1B RFE?

A credential evaluation from a NACES-member agency formally establishes that a foreign degree is equivalent to a U.S. bachelor’s degree or higher. This directly addresses USCIS concerns about whether the beneficiary meets the educational requirements for the specialty occupation. It is often paired with an expert opinion letter for full evidentiary coverage.

Closing Note

If you have received an H-1B RFE and are unsure how to address the specific concerns raised, or if you are preparing a petition and want to reduce the risk of an RFE before filing, a confidential review with a credential evaluation professional can help clarify what documentation your situation requires.

Career Consultant International provides RFE support, expert opinion letters, and credential evaluations for individuals and legal professionals working through U.S. immigration filings.

Visit thedegreepeople.com/rfe-denials-support to learn more

About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today.

Why Do We Get RFE for H-1B? Read More »

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Immigration, Visa Approvals

Securing an H1B visa approval in the United States can be challenging, especially when USCIS issues a Request for Evidence (RFE) questioning specialty occupation eligibility or educational qualifications. Many H1B RFEs are not issued due to ineligibility, but because USCIS requires clearer documentation and professional validation. Expert opinion letters and foreign credential evaluations play a critical role in addressing these concerns and improving approval outcomes.

Understanding Specialty Occupation RFEs in H1B Cases

A specialty occupation RFE is issued when USCIS needs additional evidence to confirm that the offered job requires specialized knowledge and at least a bachelor’s degree in a specific field. These RFEs commonly arise when job duties are not clearly defined or when educational qualifications need further explanation.

USCIS may question:

  • Whether the job qualifies as a specialty occupation
  • If the degree field directly relates to the job role
  • Whether the education level meets H1B requirements

Receiving a specialty occupation RFE does not mean denial. It is an opportunity to strengthen the petition with proper documentation.

Why Education and Degree Equivalency Matter

Educational qualifications are a central part of H1B eligibility. When degrees are earned outside the United States, USCIS requires confirmation that they meet U.S. academic standards. This is especially relevant for applicants holding three-year bachelor’s degrees or degrees from international institutions.

Common education-related RFE issues include:

  • Unclear degree equivalency
  • Differences in academic structure or credit systems
  • Missing or incomplete transcripts

Foreign credential evaluations help resolve these concerns by presenting academic qualifications in a USCIS-recognized format.

Role of Expert Opinion Letters in Specialty Occupation RFEs

Expert opinion letters are professional assessments prepared by qualified specialists who analyze the job role, educational background, and industry requirements. These letters explain how the offered position meets specialty occupation criteria and how the applicant’s education supports the role.

Expert opinion letters help by:

  • Demonstrating that the job requires specialized knowledge
  • Linking job duties to degree requirements
  • Supporting foreign degree equivalency
  • Clarifying professional qualifications

Such letters directly address USCIS concerns raised in specialty occupation RFEs.

Importance of Foreign Credential Evaluation for H1B Approval

Foreign credential evaluation is essential for applicants with non-U.S. degrees. USCIS relies on these evaluations to determine whether the applicant’s education is equivalent to a U.S. bachelor’s degree or higher.

Credential evaluations assist in:

  • Establishing U.S. degree equivalency
  • Supporting specialty occupation eligibility
  • Strengthening petition documentation

This is particularly important for applicants whose degree duration or curriculum differs from U.S. standards.

Affordable and Reliable H1B RFE Support in the USA

Cost is a common concern for applicants responding to H1B RFEs. TheDegreePeople offers affordable expert opinion letter and credential evaluation services designed specifically for H1B specialty occupation and education-related RFEs.

Applicants benefit from:

  • Competitive and transparent pricing
  • Evaluations prepared by qualified professionals
  • Documentation aligned with USCIS expectations
  • Turnaround times suitable for RFE deadlines

Affordable services allow applicants to respond effectively without unnecessary financial strain.

When to Seek Professional Help for Specialty Occupation RFEs

Professional assistance is recommended when:

  • USCIS questions whether the role qualifies as a specialty occupation
  • The RFE requests clarification of job duties or education
  • A foreign degree requires equivalency evaluation
  • Previous submissions were deemed insufficient

Early professional support helps ensure that RFE responses are accurate, complete, and well-structured.

Cost of Expert Opinion Letters and Credential Evaluations

The cost of expert services varies based on case complexity and documentation needs.

Typical pricing includes:

  • Basic expert opinion letters: approximately $600–$1200
  • Foreign credential evaluations: approximately $500–$1000

These costs reflect the level of professional analysis required to meet USCIS standards.

Tips to Avoid Specialty Occupation RFEs

Applicants can reduce the likelihood of RFEs by:

  • Clearly defining job duties and required qualifications
  • Ensuring education aligns with the job role
  • Submitting complete academic documentation
  • Obtaining credential evaluations early

Proper preparation strengthens H1B petitions and improves approval chances.

About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today.

 

How to Get Your H1B Visa Approved in USA: Tips for Addressing Specialty Occupation RFE Issues Read More »

Immigration, Visa Approvals
Visa Approvals

Navigating the complexities of H1B visa applications can be challenging, especially when dealing with a Request for Evidence (RFE) or visa denial. If you’re facing an H1B RFE or denial, the good news is that you don’t have to face this struggle alone. Expert opinion letters and credential evaluations can provide critical support in addressing RFEs, overturning denials, and ultimately securing your visa approval. In this blog post, we will explain how you can overcome H1B RFE denials with expert opinion letter services in the USA, all at affordable prices.

What is an H1B RFE and Why Does It Happen?

An H1B Request for Evidence (RFE) is a request made by the United States Citizenship and Immigration Services (USCIS) when they need additional information to process your H1B visa application. These RFEs are common in situations where USCIS deems that the initial petition doesn’t fully meet the legal requirements, or more documentation is necessary to verify the applicant’s qualifications.

RFEs may occur for several reasons, including:

  • H1B Specialty Occupation Issues: USCIS may question whether the job role qualifies as a “specialty occupation” under the H1B visa criteria.
  • 3-Year Degree to 4-Year Degree Equivalency: If you hold a foreign degree, USCIS may require an evaluation to prove that your degree is equivalent to a U.S. four-year degree.
  • Insufficient Documentation: If your application is missing crucial documents such as job descriptions or foreign degree evaluations, an RFE will be issued.

It’s important to note that an RFE is not a denial; it is an opportunity to provide additional evidence to support your case.

How Expert Opinion Letters Can Help Overcome H1B RFEs

An expert opinion letter is an official document prepared by an immigration expert or a highly qualified professional in the field of education, job classifications, or your specific area of expertise. This letter supports your application by providing an evaluation of your qualifications, job description, or educational credentials, aligning them with U.S. standards.

Expert Opinion Letters Help with:

  1. H1B Specialty Occupation RFEs
     An expert opinion letter can help validate that the position you are applying for meets the criteria of a specialty occupation. This letter provides the necessary context that the job requires specialized knowledge, a requirement for the H1B visa.
  2. Credential Evaluation for Foreign Degrees
     If your degree is from a foreign institution, an expert can evaluate its equivalence to a U.S. degree. An expert opinion letter can specifically address whether your foreign degree meets the necessary standards for an H1B visa, particularly for those with a 3-year degree that needs to be equated to a U.S. 4-year degree.
  3. Job Description Validation
    USCIS may require a detailed validation of your job description. A qualified expert can provide a detailed assessment, ensuring the job description aligns with the duties of a specialty occupation and that it meets H1B requirements.

The Role of Foreign Credential Evaluation for H1B Visa Applications

Foreign credential evaluation is crucial for applicants with degrees from universities outside of the United States. USCIS requires a clear understanding of the equivalence of foreign degrees to ensure that the qualifications match the standards set for U.S. workers in the specialty occupation field.

Why Foreign Credential Evaluation is Important for Your H1B Visa:

  • Evaluates your foreign degree to match U.S. educational standards.
  • Provides USCIS with necessary documentation to prove your qualifications.
  • Helps determine if your 3-year degree can be equated to a U.S. 4-year degree, which is often a critical requirement for specialty occupations.

Affordable Expert Opinion Letter Services in the USA

One of the most common concerns for applicants dealing with RFEs and denials is the cost of expert opinion letters and credential evaluations. At The Degree People, we offer affordable expert opinion letter services to help you respond to RFEs and avoid visa denials. Our services are designed to provide comprehensive evaluations at competitive prices, ensuring that you receive the support you need without breaking the bank.

What to Expect:

  • Low-Cost Services: We offer affordable rates, with clear pricing structures so you won’t be surprised by hidden fees.
  • Expert Evaluation: Our team includes certified experts who specialize in foreign credential evaluations, job description validation, and expert opinion letters for H1B visas.
  • Fast Turnaround: We understand the urgency of H1B RFEs and are committed to providing fast, reliable services.

When to Call a Professional for H1B RFE Help in USA

If you receive an RFE or denial notice, it’s essential to take swift action. Calling a professional as soon as possible can help streamline the process and increase the likelihood of a successful outcome. Here are some signs that it’s time to seek professional help:

  • If You Are Uncertain About What the RFE Is Asking: RFEs can be confusing, and it’s important to understand exactly what additional evidence is required.
  • If You’ve Received Multiple RFEs: A single RFE might be easy to address, but multiple RFEs can indicate a larger problem that needs expert attention.
  • If You Don’t Have the Necessary Documentation: If your degree is from a foreign institution or your job description doesn’t meet the required standards, you will need a professional opinion letter to address these gaps.

Why Choose Us for H1B RFE Services in USA

At The Degree People, we understand how stressful it can be to face an H1B RFE or visa denial. With years of experience in immigration services, our team is dedicated to providing affordable, expert advice and solutions that help you navigate the RFE process.

Why Choose Us:

  • Expertise in H1B RFE Responses: We specialize in helping clients prepare expert opinion letters, credential evaluations, and job description validations for H1B visa applications.
  • Affordable Services: We guarantee the lowest prices for expert opinion letters and related services, making it easier for you to handle the costs of the application process.
  • Quick Response Times: We understand that time is critical when it comes to RFEs and visa denials, so we prioritize fast turnaround times.

Cost of Expert Opinion Letter Services for H1B RFEs

When considering expert opinion letters for your H1B RFE, it’s essential to understand the costs involved. The pricing of these services can vary depending on the complexity of your case, the required documentation, and the length of time it takes to prepare the letter.

  • Basic Expert Opinion Letter: For straightforward cases, the cost may be between $600–$1200.
  • Complex Evaluations (Foreign Degree Equivalency): For more complex evaluations, such as converting a 3-year degree into a U.S. equivalent 4-year degree, the cost can range from $500 to $1,000.

We offer affordable rates for expert opinion letters and credential evaluations without compromising on quality.

Prevention Tips: How to Avoid H1B RFE Issues

To increase your chances of approval and avoid RFEs altogether, follow these tips:

  • Ensure Your Job Description Meets Specialty Occupation Requirements: Review the job requirements thoroughly to ensure that the role qualifies as a specialty occupation.
  • Prepare a Complete Application: Submit all necessary documentation, including educational records and job descriptions.
  • Seek Early Professional Help: Don’t wait until you receive an RFE to consult an expert. Getting guidance early can prevent issues before they arise.

Overcoming H1B RFE in Nearby Areas of the USA

Each region in the USA may have its own set of challenges for H1B applicants, from varying USCIS processing times to specific requirements for visa petitions. Whether you’re in New York, California, Texas, or any other state, we are here to provide personalized support and guidance based on your location.

  • H1B RFE Assistance in California: California has one of the highest numbers of H1B applicants, so it’s crucial to ensure that your application is complete and accurate.
  • H1B Credential Evaluation in Texas: Texas is home to many international applicants, making credential evaluations a key service for applicants with foreign degrees.

About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.

How to Overcome H1B RFE Denials in USA: Expert Opinion Letter Services at Affordable Prices Read More »

Visa Approvals
Uncategorized

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.

 

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

Uncategorized
Uncategorized

Case Study: RFE for Wrong Degree Specialization Overturned!

USCIS and employers have a different idea of what qualified an H-1B employee for their specialty occupation.  It is commonplace for employers to hire a candidate with a degree in a field related to the position, given they have proper work experience to master the specialized skills and knowledge necessary to perform it.

It has been years since USCIS has regularly approved H-1B cases in which a beneficiary has the required US Bachelor’s degree in a field RELATED to the specialty occupation.  USCIS will not outright approve an H-1B visa unless the beneficiary has a degree in the exact specialization of the occupation, or a detailed credential evaluation that explains how their educational and field experience background makes the equivalent of the correct degree specialization.

Every year, we have clients come to us in this situation.  The way we overturn these RFEs is to write a detailed evaluation that analyzes the course content of the degree earned to highlight college credit hours earned in the exact field of the H-1B job.  Then, we take progressive work experience into account to bridge the gap between the beneficiary’s education specialization and the field of the H-1B job.  Three years of progressive work experience in the field of the H-1B job in which the beneficiary can prove they took on progressively more responsibility and the nature of their duties and tasks became increasingly complex and specialized can be converted into one year of college credit in the field of the H-1B job.  This conversion must be written by a professor with the authority to grant college credit for work experience.

At TheDegreePeople.com, we work with professors in all fields to write the work experience conversion for the credential evaluation you or your employee or client needs to get that RFE overturned.  There are no cookie cutter solutions to H-1B RFEs because every case is different.  Every job is different, and every educational pathway is different, especially when it comes to highly skilled individuals.  All evaluations are uniquely researched and written with regards to your, or your employee or client’s education, job, work experience, and visa. 

For a free review of your case visit ccifree.com.  We will get back to you in 48 hours or less.

Case Study: RFE for Wrong Degree Specialization Overturned! Read More »

Uncategorized
Credential Evaluation, Immigration, Visa Approvals
This year, there have been some changes made to the H-1B lottery process and to approval adjudication. 

As in years previous, 65,000 H-1B visas are available for beneficiaries with US Bachelor degrees or higher or their equivalent, and 20,000 H-1B visas are allotted for beneficiaries with advanced degrees of US Master degree or higher.  What is different about this year is that in previous years the 20,000 advanced degree visas are selected in the first lottery, and then the visas left over are thrown in with the second general lottery for the remaining 65,000 visas.  This year, the general lottery will happen first.  Then, the remaining petitions for beneficiaries with advanced degrees will enter into the lottery for the additional 20,000 visas.  This is good news for advanced degree holders.

The second difference is that this year USCIS adjudicators have the authority to deny H-1B visas outright without first issuing an RFE to give petitioners a chance to defend and strengthen their cases. 

It is estimated that there will be about 150,000 H-1B visa petitions submitted the first week of April for cap-subject H-1B visas for FY2020.  Last year, the approval rate for H-1B candidates selected in the lottery was 60%, a rate that has been declining since 2016.  Along with this, the approval rate for cases that received an RFE dropped from 83.2% in 2015 to just 62.3% in 2018 with a massive spike in the overall rate of RFE responses from USCIS.

At CCI TheDegreePeople.com, over 90% of our clients who came to us with H-1B RFEs succeeded in getting their RFEs overturned and their visas approved.  We work with difficult cases every year, and this year we urge you to anticipate any RFEs you, or your client or employee’s case is likely to run into BEFORE you file.  This means additional documentation, expert opinion letters from the RIGHT kind of expert, and credential evaluations must be submitted with the initial filing. 

For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.

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What is Different about the FY2020 H-1B Lottery Beginning April 1st? Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

This does not change our overall approval strategy when it comes to H1B visas, which is to get it right the first time.  Anticipate any issues your case may run into during processing and keep an eye on USCIS approval trends.  It is important to for all members of the H1B team to understand where issues are likely to arise, and where they need to pay extra attention to make sure they don’t drop the ball, especially this coming April when there may be no second chances. That’s why it is essential to look back on this past year and find out 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 TheDegreePeople.com 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 ccifree.com/.  We will get back to you in 48 hours or less.

H1B 2019 Post-Memorandum: Who Caused that RFE? Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

The good news is that we likely won’t be seeing many – if any – Nightmare RFEs this coming H1B season.  The bad news is that the reason is because the recent USCIS memorandum issued in September of 2018 now gives visa adjudicators the authority to reject petitions outright without giving the petitioner a chance to defend their case.

This coming H-1B season, it is crucial to anticipate any approval issues you, or your employee or client may run into before you file.  The good news is that the memorandum also made all H-1B filing electronic when filing for cap-subject petitions opens.  You only have to file H-1B paperwork if you, or if your employee or client is selected in the H-1B lottery.  This buys beneficiaries a little time to get all of the additional documentation and evidence together, but the first time you file will likely be the last chance you get.

At TheDegreePeople, we recommend filing as though you are answering a Nightmare RFE.

If the beneficiary’s degree is not an exact match for the H-1B job and from an accredited US institution, you MUST include a credential evaluation written specifically for your situation, or for your employee or client’s situation.

Include an expert opinion letter that explains why the H-1B job meets specialty occupation requirements, and thoroughly explaining why the wage level was set as it was.

Let us review your case before you file to make sure you have all of your bases covered.  We also offer assistance with obtaining and filing the immigration forms you need to complete the petition.  Visit ccifree.com for a free review of your case.  We will get back to you in 48 hours or less.

What New USCIS Adjudication Memorandum Means for the Nightmare RFE Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

CIS approval trends change every year, but there has been a trend towards tightening interpretation around every facet of H-1B requirements.  For example, at the beginning of the decade beneficiaries with degrees in fields related to their specialty occupation could pretty much count on having their visas approved.  Now, they can be certain they will run into trouble as the degree specialization must now be an exact match for the job title.  Just a few years back computer programmers could be almost certain their job title meeting specialty occupation requirements wouldn’t be called into question.  The past two years have seen a massive spike in specialty occupation issues for job titles that had never run into this kind of issue before.

At TheDegreePeople we work with difficult cases and RFEs every year and know how to successfully answer them.  This past year, we had an onslaught of clients come in with the Double Nightmare RFE.  Answering with RFE required a two-step approach.  First, to prove that the job in question met H-1B specialty occupation requirements, we asked for the ad for the job that clearly shows minimum requirements, past hiring practices that showed the employer regularly hired candidates to the position with a minimum of the advanced degree in the field, ads for the same position in similar companies in the industry that also required a minimum of an advanced degree, and a detailed breakdown of the duties and responsibilities of the position.  To tie it all together, we always include an expert opinion letter to summarize and validate that the job title does meet H-1B specialization requirements.  Our clients provide the documentation about the position and we supply the expert.  We have experts in every field on hand 24/7 to write the opinion letter you or your employee or client needs to get the first half of the Double Nightmare RFE overturned.

The second step is to write a credential evaluation that closes any gaps between the education you have, or your client or employee has, and the education they need to get that visa approved.  This takes the visa, the job title, and CIS precedent decisions and approval trends into consideration.  If the beneficiary has the right degree in the wrong field, a generalized degree with inadequate specialization, or incomplete college, the best way we have found to address this issue is to include a work experience conversion in the credential evaluation.  With this conversion, three years of progressive work experience in the field of the H-1B job title – during which the beneficiary’s duties became increasingly specialized with increasing responsibilities – can be converted into the equivalent of one year of college credit in the field.  Using years of work experience, the right credential evaluation can combine years of college and years of work experience in the field to articulate the equivalency of the right degree in the exact field of the H-1B job title.

This year, due to the new CIS policy memorandum, beneficiaries may not get a chance to answer an RFE.  It is essential to get it right the first time.  If you or your employee or client has a degree that does not exactly match their field of employ, or if the degree is from a country outside of the United States, DO NOT submit the petition without a credential evaluation.  If you or your employee or client has a job title that does not always require a minimum of a US bachelor’s degree to perform, DO NOT submit the petition without an expert opinion letter.  Be sure to reference the position’s entry in the Occupational Outlook Handbook to check to make sure what minimum educational requirements are for that job title at that pay grade.

If you have any uncertainty, err on the side of caution.  For a free review of your case, or your employee or client’s case, visit ccifree.com.  We will get back to you in 48 hours or less.

H1B Double Nightmare: RFE Right Job Title, Wrong Education Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright.

To qualify for H1B status a job must require a minimum of a US bachelor’s degree or higher or its equivalent to enter the position, and the job must entail utilizing highly specialized knowledge to perform the duties of the job.  In past years, jobs like physician or engineer were not called into question.  This past year, even jobs that were once considered clearly specialized were called into question and unsuspecting beneficiaries suddenly had to defend themselves.

One such client came to TheDegreePeople with a specialty occupation RFE for the job of engineer.  In 2017, software developers came under fire with specialty occupation RFEs.  Many employers responded the following year by redefining the job as an engineer.  This is part of the reason the job of engineer was hit with specialty occupation RFEs in 2018, but only part of the bigger picture that CIS approval trends change every year and are difficult to predict.

To address this letter, one of our experts in the field of engineering wrote a third-party expert opinion letter explaining why our client’s particular job met specialty occupation requirements both in line with the industry standard and with the employer’s hiring practices.  This letter accompanied a detailed breakdown of the duties and responsibilities of the position, documentation of industry standard through the ad for the job and ads for the same position in the industry for similar companies, and so forth, to tie it all together.  The RFE was overturned and his visa was approved.

Active now the new USCIS memorandum gives adjudicators the authority to deny H1B petitions without issuing an RFE to clear up any concerns.  This means it is essential to anticipate any issues before they arise.  At TheDegreePeople.com we work with RFEs, Denials, and difficult cases every year.  We know what is likely to trigger an RFE and we know how to overturn them.  Let us review your case, identify issues, and make a plan to fill in the evidentiary gaps before you file.  For a free consultation, visit ccifree.com.  We will get back to you in 48 hours or less.

Case Study: Specialty Occupation H1B RFE for Engineer – Overturned! Read More »

Credential Evaluation, Immigration, Visa Approvals
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