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H1B visa

H1B RFE Season: How to Get Through Approved!

immigration, Visa Approvals

  • Easy to communicate with. They should answer when you call, respond to your texts and emails, and answer your questions with confidence.
    1. Follows CIS approval trends. The person you want writing your evaluation knows what CIS is looking for. CIS trends change, and an evaluation that worked last year may not work again this year. As in any job, the best professionals are the ones who keep on learning and changing with the industry.
    1. Works with RFEs and Difficult Cases regularly. You got an RFE. You want to work with someone who works with people in your situation and consistently achieves the outcome for others that you want for yourself.
    Don’t let RFE season get you down. You are not alone in this, and there are plenty of helpful professionals who are happy to consult with you on your case. Good luck!! 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.  ]]>

    What USCIS Needs to Know about Your Client’s Indian Three-Year Degree

    Credential Evaluation, immigration, Visa Approvals

  • Candidates do not possess the core knowledge that comes from a US four-year degree.
    • The Indian three-year bachelor’s degree tends to have a more specialized curriculum while US four-year bachelor’s degree programs require general credits and classes from outside of a student’s major. However, this is changing in universities across India. Many institutions have changed to a choice-based credit system, which allows flexibility for students to take classes outside of their major. At the same time, the core education curriculum required for Indian students to earn a High School Diploma before they even enter college is extensive, rigorous, and well rounded. In most cases, Indian students are coming into college with the core knowledge US bachelor’s degree students must learn in college.
    1. The missing fourth year means a missing year of academic content.
    Debunking this myth is a matter of math. The US four-year bachelor’s degree requires 120 credit hours to graduate. One college credit hour is comprised of fifteen classroom contact hours, meaning fifteen hours spent directly in the classroom. This is 1800 classroom contact hours for a US four-year bachelor’s degree. According to Dr. R. Venkatachalam, former psychology professor at Bharathiar University in India (http://www.emailwire.com/doc/three-year-indian-degree.pdf), a typical Indian three-year degree program has roughly 3,240 classroom contact hours. Now that you understand the value of your client’s three-year Indian bachelor’s degree, how can you express this to USCIS in a way that they will understand? Regardless of how many classroom contact hours your client’s degree consists of, CIS still requires a progressive work experience evaluation to account for the missing fourth year. This means your client must have three years of work experience in their field of employ that can be converted into one year of college credit in that field. Progressive work experience means your client took on more work and responsibility in this experience, indicating that specialized skills and knowledge were learned and mastered. A credential evaluation agency with the authority to convert progressive work experience into college credit can write the detailed credential evaluation your and your client need to meet H1-b visa requirements in accordance with CIS educational trends. Do not file your client’s H1-b petition without one such credential evaluation or the missing fourth year will come back to haunt you in the form of an RFE or Denial. 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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

    Computer Systems Analyst: The H1b Job that gets the Most RFEs

    Credential Evaluation, immigration, Visa Approvals

    learned through this work experience and put these new specialized skills and knowledge to practical use in the workplace. An evaluator can convert three years of progressive work experience into one year of college credit in the field of Computer Systems Analysis to account for the missing fourth year. While an RFE is not the end of the world, it is a big red flag that triggers a close scrutiny of your client’s petition and increases chances of rejection. An evaluator who specializes in RFEs and difficult cases understands CIS trends and knows common triggers for RFEs, as well as how to address these triggers when they arise and how to avoid them in the first place. Before you file your client’s H1b petition, get in touch with a credential evaluation agency that specializes in RFEs and difficult cases. Have them review your client’s case. 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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.  ]]>

    FY2017 H-1B Predictions and Requirements

    Credential Evaluation, Visa Approvals

  • Your client’s job must be a specialty occupation. This means that to perform the duties of the job, your client must hold a US bachelor’s degree or higher or its equivalent in a related field. In recent years however, CIS has issued RFE’s for degrees that do not exactly match candidates’ job titles. If your client’s major is not an exact match for his or her job title, you need to find a credential evaluation agency that can take a close look at your client’s education to count classroom contact hours in classes matching your client’s job towards a degree equivalency. The evaluator can also convert years of progressive work experience in the field to years of college credit in the major of your client’s job offer. To show that your client’s job is a specialty occupation, you need to provide evidence that your client’s employer requires this degree for this job, and that similar positions in similar companies also require an advanced degree. If this is not the case, you need to provide evidence as to why your client’s particular job is so specifically complex as to require an advanced degree to carry out its duties.
    1. Your client must hold a US bachelor’s degree or higher or its equivalent. H-1b visas are for specialty occupations that require a bachelor’s degree or higher to perform. If your client has a US bachelor’s degree or higher or its equivalent, and the degree matches the job, all you have to do is submit the educational documents with the petition. However, if your client’s degree is from a different country – particularly a country with a three-year bachelor’s degree – you need to have your client’s education evaluated for US equivalence. This is because educational systems vary from country to country, and CIS must clearly see the value of your client’s education in terms of US educational value. Some post-secondary degrees from other countries are the equivalent of US bachelor’s degrees even though the word “degree” is not in the title. Others are not. A detailed evaluation from a credential evaluator with expert understanding of international education is needed to meet this requirement. For three-year degrees, a progressive work experience conversion is needed to fill in the missing fourth year. Although three-year degrees, like the Indian three-year degree, have the same if not more number of classroom contact hours as a US four-year degree, CIS does not accept this equivalency on face without a detailed credential evaluation.
    1. There must be an employer-employee relationship. This means that your client’s employer can hire, fire, promote, pay, and otherwise control the work your client does. You can show this by submitting a copy of the employee contract or providing other documentation regarding your client’s job.
    1. Your client must be paid the prevailing wage for his or her job. Prevailing wage is determined based on the job, the company, the geographic location, and other factors. To prove that your client will be paid the prevailing wage for his or her job, you need to provide evidence that states common salaries for your client’s occupation in similar companies in similar locations, as well as proof that your client’s employer will be paying that wage. At the same time, you also have to show that your client’s employer is economically viable to pay your client the prevailing wage without affecting the salaries of other employees, operating costs, or other aspects of the business.
    Before you file your client’s H-1b petition, have a credential evaluator review his or her education to make sure all your ducks are in a row. If you submit a petition without an evaluation where one is needed, you can expect an RFE. While an RFE is not the end of the world, it is a big red flag on your client’s petition, and will trigger CIS to comb over the petition and find misplaced details that would otherwise have gone by unnoticed. CIS has a big job to do when it comes to cap-subject H-1b visa selection. Make their job easier by making sure your client’s visa is easy to approve, not by giving them a big red flag to look at. 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, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

    What’s in an H1-B Credential Evaluation and Why Does it Matter?

    Credential Evaluation, immigration, Visa Approvals

  • Institutions of education and attendance dates. An evaluation will indicate which schools and colleges your client attended and for how long, including the profile and accreditations of the schools your client attended. This means elementary school, high school, and post-secondary institutions. The reason for this is because the number of years of education varies from country to country from the time your client entered school as a child. These are all factors in equivalency recommendations.
    1. Diploma, certificate, degree, and transcript equivalents. All of these documents will be included in the evaluation along with their equivalents indicated and explained. The steps of education is important in the evaluation process because many degrees in countries outside of the US are post-secondary degrees BUT the word degree is not in the title. To evaluate these difficult degrees, the stages of education necessary to attain these certifications must be evaluated for post-secondary equivalence.
    1. Recommended US equivalent of your client’s degree. Each credential evaluation will make an equivalence recommendation based on evidence, analysis, expert opinions, CIS precedents, international trade agreements, and even federal case law. Since there are no set standards for foreign degree equivalence evaluation, an evaluator must make a case for their recommendation.
    For the H1-B visa, you want an evaluator who can write an accurate recommendation founded in evidence, precedents, expert opinions, and documentation for your client’s degree to be the equivalent of a US bachelor’s degree or higher in the field that matches your client’s job title. Not all evaluation agencies will write the detailed evaluation it takes to truly explain and assess the value of your client’s foreign degree. Many evaluation agencies simply pull conservative equivalencies from standardized equivalency databases. However, there are NO set foreign equivalency standards and every candidate’s education is different. When you hire a credential evaluator for your client’s H1-B evaluation, make sure he or she is well-versed in the specific educational requirements of the H1-B visa. This means when you call, you will be asked about your client’s specific visa, and your clients specific job. Both of these variables factor heavily into the evaluation the right evaluator will write for your client’s education. 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, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

    Aren’t All Foreign Credential Evaluators the Same?

    Credential Evaluation, immigration, Visa Approvals

  • Inexpensive. When it comes to credential evaluation agencies, you DON’T get what you pay for. In fact, some of the very best evaluation agencies are the cheapest. This is because reliable agencies don’t have to make the most financial mileage out of each customer to stay in business.
    • Easy to communicate with. This means they answer your calls, texts, and emails promptly, and when you communicate with them you feel comfortable and satisfied that all of your questions have been answered. When a company answers when you call, and responds promptly when you call or text, that means they value customer service and respect your time. When you feel comfortable talking with them and they answer any questions you may have, that indicates they are confident and knowledgeable about the work they do. This is the evaluation agency you want on your team.
    • Experience in H1B Visa evaluations, RFE’s and difficult degrees. If you call a credential evaluator about an evaluation for an H1B visa and they don’t ask about your client’s job offer, look elsewhere. An evaluation agency experienced in writing evaluations for visas know that your client’s degree specialization must match their field of employ. If they don’t ask this question, they don’t know enough about visa requirements or CIS trends to write the evaluation your client needs for his or her H1B visa. Also, evaluation agencies that write evaluations responding to RFE’s are very familiar with common education RFE’s, why they are triggered, and how to respond effectively.
    Not all credential evaluators are the same. Many agencies will write an evaluation based on the most conservative equivalencies pulled from a standard database. The problem is, there are no set standard equivalencies when it comes to evaluating a foreign degree because every situation is different. Federal case law, international trade agreements, and international education expert opinions and case studies show that the value of each candidate’s education is unique. To really understand the value of your candidate’s education, an evaluator must understand the academic context of the country the degree came from, stages of education required to earn that degree, the academic value of that degree in his or her home country and the jobs and professions that degree qualifies them for, as well as your client’s self-study, work experience, and miscellaneous educational background. International trade and labor organizations understand that the nature international education is too nuanced for standard, conservative equivalency evaluations, and this sentiment is reflected in federal case law, UNESCO conventions, and international labor and trade agreements. An evaluation agency that simply pulls equivalencies out of a database is not writing an accurate evaluation of your client’s academic value. Responding to an RFE – or even better, writing an evaluation that does not trigger one – requires an evaluator with an understanding of the nature of international education across borders and cultures. This evaluator understands CIS trends and requirements, federal case law, and international trade and labor agreements and conventions that take the full reality of a candidate’s education into account when evaluating its academic worth. Sometimes responding to an RFE takes a creative solution that an evaluator who understands not only what CIS is asking for, but WHY they are asking for the specific evidence they need knows how to answer the right question even if the exact documentation asked for is not available. Choose an affordable evaluation agency that feels good to talk to, and has experience with H1B visas, RFEs, and difficult cases. 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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/or call 800.771.4723.]]>

    H1-B Annual Caps: Your Client’s Degree, Job, and Visa Status

    Credential Evaluation, immigration, Visa Approvals

    st. However, your client may not be subject to the 65,000 annual visa cap. There are also an additional 20,000 H1-B visas available for candidates with Master’s Degrees. Some employers are not even subject to any annual cap at all. Some candidates aren’t either. So what category does your client fall into? To start, let’s take a look at how many H1-B visas are available, and then let’s look at how candidates are selected for these limited number of visas. Finally, we will see which candidates and employers are cap-exempt. There are 65,000 H1-B visas available annually for candidates with a US Bachelor’s degree or its equivalent, or higher levels of education. There are also an additional 20,000 H1-B visas available for candidates with US Master’s degrees or its equivalent or higher. After all of the petitions are in, CIS will hold a lottery to determine which candidates with Master’s degrees will get the additional 20,000 H1-B visas. This lottery is conducted via random computer selection. After these petitions have been selected, any candidates with Master’s degrees or higher who were not selected for these 20,000 will roll over into the regular lottery for the annual 65,000 visas for candidates with Bachelor’s degrees of higher. The same random computer selection process will determine who will be selected for these visa slots from the pool of petitions. However, there are many circumstances in which your candidate may not be subject to the annual H1-B visa cap at all. This has to do with your client’s current visa status, and your client’s employer. If your client is already working under H1-B visa status, he or she is probably cap exempt. Candidates filing for H1-B extensions and H1-B transfers are not subject to the annual cap. H1-B visa holders can also take on another concurrent H1-B job without being subject to the annual cap when they file for an H1-B visa to work this job as well. New jobs and concurrent jobs must also meet H1-B specialization requirements, and your client must also meet H1-B educational requirements, but their petition will not end up in a lottery. Candidates who must file a new petition because the terms of their H1-B job has changed are also cap-exempt. The new terms must still, however, meet H1-B requirements as must their education. Some employers are cap-exempt, and if your client is employed by one of them, their petition will not be subject to the H1-B lottery. Non-profit organizations and non-profit research institutes are cap-exempt. Institutions of higher education and governmental research organizations are also cap-exempt, as are hospitals. Even if this is your client’s first time petitioning for an H1-B visa, if their job is for one of these kinds of employers, their petition will not be subject to the annual cap. Before you and your client file their H1-B petition, here are three key elements you need to determine:

    1. What is your client’s degree?
    2. Is your client’s employer exempt from the annual H1-B cap?
    3. Is this your client’s first H1-B petition, or is it a transfer, extension, or additional H1-B job?
    Answer these three questions, and you will find out what caps – if any – your client’s petition will be subject to. If your client is cap exempt, this is NOT an excuse to file a shoddy petition. Just because a petition does not go through the lottery does not mean it can’t be rejected. RFE’s are on the rise for petitions subject to the annual cap AND cap-exempt petitions. To qualify for an H1-B visa, your client must have a US Bachelor’s degree or higher, or its foreign equivalent. Whether or not your client’s job is cap exempt, RFE’s are on the rise. As you prepare to file, it’s important to keep in mind that your client’s foreign education will raise issues with CIS if it is submitted without a detailed credential evaluation in accordance with CIS education combination requirements and precedents. Talk to an evaluator with extensive experience in H1B cases, RFEs, and difficult cases. They know what works and what does not work to get your client’s visa approved. 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, RFE, Denial, or NOID, please go to http://www.ccifree.com or call 800.771.4723.]]>

    H1B Educational Requirements Your Client Needs to Know About to Avoid an RFE

    Credential Evaluation, immigration, Visa Approvals

    Candidate’s Degree Must be a US Bachelor’s Degree or Its Equivalent This requirement is not as straightforward as it sounds. If your client has a four-year Bachelor’s degree from a US college or university, go ahead and file. All other degrees need to be reviewed by a credential evaluator. Foreign degrees need a credential evaluation because educational systems vary from country to country, and the academic value of a bachelor’s degree from one place does not necessarily equate because it’s called a bachelor’s degree. In the same way, a foreign certification or licensure may actually be the equivalent of a US bachelor’s degree even though it doesn’t call itself a degree. For example, one situation that triggers a lot of RFE’s is when a candidate has an Indian Chartered Accountancy certification. This is actually the equivalent of a US Bachelor’s degree in accounting, but the same certification in Canada is not. The Canadian Chartered Accountancy certification is a professional license, but not post-secondary education. See how this gets confusing? A credential evaluator can make the necessary equivalency determinations about your client’s education, explain how the equivalency works, and back up with equivalency with evidence. Four Years of Post-Secondary Education Matter If your client has a three-year bachelor’s degree – ESPECIALLY if it’s an Indian three-year degree – their education is likely to trigger an RFE if it is not handled correctly. CIS trends require focus on longevity rather than academic content when it comes to years of college or university, so it is you and your client’s responsibility to show that academic content and progressive work experience comprise a fourth year of college credit. How can you do this? There are two options that we have seen work almost every time when it comes to the H1B visa. An evaluator can convert years of progressive work experience into college credit. Progressive experience means that your client’s job required them to expand their knowledgebase and skillset, and take on increasing amounts of work and responsibility. Three years of this nature of work can be converted into one year of college credit. Never submit an H1B petition without an evaluation that accounts for the missing fourth year. Degree Must Be Specialized and Exactly Matching Candidate’s Job This is a relatively new requirement that takes many H1B candidates, their employers, and their lawyers by surprise. While it’s common for an employer to hire a candidate with a degree in a field related to the job, CIS will not approve their visa. In the past six or seven years, CIS trends have changed regarding this requirement. In the past, a candidate with a degree in a related field would have the petition approved, now instead they receive an RFE. Your client’s degree major must be an exact match for their field of employ. At the same time, because H1B requirements indicate the job must require specialized knowledge and skills to carry out its duties, candidates with generalized degrees are also running into this problem. If your client is in a mismatched degree situation, your client needs to prove that she does possess the specialized skills and knowledge required to be successful at her job even if it is not directly reflected in her college major. The way to do this is to prove equivalence to a US bachelor’s degree in her field of employ with a credential evaluation. The way this works is an evaluator can convert years of progressive work experience in her field of employ into college credit hours in that major track with the three years of work to one year of college credit conversion. The evaluation must show that your client has the equivalent of a US four-year bachelor’s degree with the bulk to the equated credit hours in their field. This requires a detailed evaluation with a credential evaluator familiar with CIS educational requirements, as well as precedents of what they will accept and what they will not accept. If your client as anything but a straightforward US four-year bachelor’s degree, have their education reviewed by a credential evaluator to see what you need to do to avoid an RFE. About the Author Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

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