Tag archive: US immigration

Ten years ago, receiving an H1B RFE was a relatively rare occurrence. Today, H1B applicants have about a one in three chance of getting an RFE instead of an approval. What does this mean for FY 2019 H1B beneficiaries? There is a strong chance the petition will receive an RFE. This does not mean the…

When CIS finds one problem, they usually find another.  Last year, we saw wage level issues and specialty occupation issues go hand in hand in common H1B RFEs.  This year, we expect to see them again. To meet H1B eligibility requirements, the job in question must require a minimum of a US bachelor’s degree for…

Last year, we saw an unprecedented number of RFEs targeting computer programmers making level 1 wages. These RFEs questioned whether this job met H1B specialization requirements, which states a specialty occupation requires a minimum of a US bachelors degree or higher or its equivalent for entry into the position. Here’s why: CIS assumes that because…

A common RFE we see every year is the Specialty Occupation RFE. Last year, we saw an unprecedented number of RFEs that brought up this issue pertaining to computer programmers making level 1 wages, but this issue can affect any H1B job. To qualify for H1B status, a job must require a minimum of a…

Filing season has come and passed, and now it’s time to play the waiting game. Over the past few years, we saw a climb in RFE prevalence leading up to last years spike. That means, if you, or your employee or client filed on time and made the H-1B lottery, there’s a high chance your…

When a beneficiary files for EB2 status with credentials from outside of the United States – especially if the transcripts are in a language other than English – educational documentation can get tricky really fast. That’s because it’s easy to accidentally insert academic value judgment on a credential when translating it into English. Preparing educational…

TODAY MONDAY APRIL 2nd 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…

Every visa that leans heavily on education has different requirements, especially when it comes to equivalencies for education completed outside of the United States. The EB2 visa in particular is fraught with notorious education traps. Before you file, make sure you, or your employee or client’s education checks out or you’ll end up with an…

This year, we all met the Level 1 Wages RFE that targeted H1B computer programmers working at Level 1 Wages.  We’re still answering these RFEs, and it’s almost time to file again. First, let’s look at the Level 1 Wages RFE: Until this year, CIS has left computer programmers at Level 1 Wages alone when…

If you are, or if you have clients or employees involved in the H1B process, chances are you’ve heard of the RFE of the year: the Level 1 Wages RFE. This RFE posits that the job of computer programmer at Level 1 Wages is not specialized to meet CIS requirements for the H1B visa. To…

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