Tag archive: immigration law

It’s RFE season and the prevalence of the dreaded Nightmare RFE is on the rise right along with the rate of RFE responses. We’re not sure what triggers this RFE, and we’re not even sure CIS has the right to make these requests, but they keep on coming. The Nightmare RFE is virtually impossible to…

Education is a central component of H1B eligibility. This visa is for foreign nationals who work in specialty occupations that require advanced degrees and skills and understanding specialized to their position. If the job does not require a US bachelor’s degree or higher or its equivalent, the job is not considered specialized enough to qualify….

One of the most common EB2 education RFEs arrives when a candidate holds a degree that doesn’t call itself a degree. In fact Chartered Accountancy is the degree that receives the most RFEs for the EB2 classification. Time and again, EB2 candidates who have earned an Indian Chartered Accountancy certificate receive an RFE even though…

Visa petitions across the board are receiving more RFEs with every year. This is particularly the case for education-based RFEs that require the form I-140. Form I-140 visas include EB1, EB2, and EB3, all of which are for foreign nationals seeking a Green Card to stay in the United States to work on a permanent…

It’s RFE season! Amongst the most common H-1B RFEs applicants receive this time of year have to do with education. H-1B visa eligibility is dependent on be beneficiary having an advanced degree with specialized skills and knowledge necessary to perform the specialty occupation they were hired for. This means the beneficiary must have a US…

Education RFEs are on the rise because a Bachelor’s degree equivalence must be a single source, and qualified candidates with three-year degrees and degrees that do not actually have the word “degree” in them are running into trouble. Complex education requirements for EB2 Visa candidates have left many lawyers wondering if it’s even worth the…

I’m Sheila Danzig, international education expert and executive director at TheDegreePeople, a foreign credential evaluation agency. I also run a strong marketing division, and I want to share with you my expertise to help you build your immigration law practice so you can help more clients get approved for the Visas they deserve. I usually…

Why did your client or employee get an education RFE?  The three-year bachelor’s degree is one of the most common reasons well qualified and even over-qualified candidates receive an RFE instead of an outright approval.  The USCIS reasons that a three-year degree does not equate to a US four-year bachelor’s degree on the grounds of…

Abe Lincoln once said a man who represents himself in a legal proceeding has a fool for a lawyer.  The same rings true for engaging the US immigration system.  Dangers abound for employers and employees going into the process to petition for a work visa without proper legal counsel.  Many don’t understand that if they…

A small glint of hope that the compromise on immigration reform legislation that passed through the Senate might make it through the House of Representatives came through Speaker John Boeher’s (R-Ohio) insinuation that he “may embrace a series of limited changes to the nation’s immigration laws.” He has also hired Rebecca Tallent, longtime immigration adviser…

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