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H1B Support: Answering the Double Wage Level and Specialty Occupation RFE

Credential Evaluation, immigration, Visa Approvals

  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 entry into the position, and the H1B employee must make the prevailing wage for the position in the industry for companies of that size in that geographical location.  If either of these aspects are lacking in evidence, CIS will issue an RFE. Some common problems that trigger an RFE include: • The job usually but does not ALWAYS require a minimum of an advanced degree. • This job is particularly complex as to require an advanced degree even though it is not an industry standard. • CIS wrongly assumes that the wage level indicates the job is not specialized.  This is especially the case with jobs set at Level 1 Wages. • CIS wrongly assumes that the wage level is set too low for the complexity of the job. You will need to provide thorough documentation supporting the specialization of this job, and you will need to explain all of the factors that went into determining its wage level.  You will also need to include an expert opinion letter in your response that fortifies your evidence that the job and wage level meet H1B requirements. At TheDegreePeople, we have experts on hand with the highest rate of success in responding to RFEs 24/7 to write the expert opinion letter you, or your employee or client needs to get that double RFE overturned.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.]]>

Specialty Occupation RFE: Know the Job Inside and Out

Credential Evaluation, immigration, Visa Approvals

  • CIS assumes that because the job is set at level 1 wages it is entry level.
  • According to the US Department of Labor’s Occupational Outlook Handbook entry level computer programmers are sometimes hired with only a US associates degree, which falls short of H1B educational requirements for a specialty occupation.
    • This RFE was based on two misconceptions. First, just because a job is set at level 1 wages doesn’t mean it’s entry level. Determining the wage level for any given position is complex, involving a great number of factors. Second, while some employers will hire entry level programmers with only an associate’s degree, this is the exception for the position, not the norm. The exception should not make the rule for determining whether an entire occupation meets specialization requirements. While this job got the most grief last season, any job can be met with a specialty occupation RFE. To answer this RFE, you need to know the job in question inside and out, far better than CIS does. That means knowing the passage in the Occupational Outlook Handbook, having the ad for the job documented that shows its minimum educational requirements, and having documentation of the requirements for similar jobs in similar companies in the industry. You also need documentation of the employer’s past hiring practices with regards to educational requirements for this job. If this job is uniquely specialized and requires an advanced degree to perform its duties even though similar jobs in similar companies in the industry don’t require an advanced degree, you will need to clearly and thoroughly explain why this is the case. Both the employer and an expert who can add weight to the argument with an expert opinion letter need to offer detailed explanations. If you, or your employee or client receives a specialty occupation RFE, you will need an expert opinion letter to fortify your case. We have experts on hand with the highest rate of success in answering these RFEs. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.]]>

    H1B Specialty Occupation RFEs: How to Prove Specialization

    Credential Evaluation, immigration, Visa Approvals

  • While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree.
  • Some employers will hire employees for this position without a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement.
  • The wage level set for this particular job is misleading. This was the case with computer programmers making level 1 wages that set off the string of RFEs last season. Just because a job is set at level 1 wages doesn’t mean it’s an entry level position – there are many factors that go into determining wage levels.
    • If you, or your employee or client receives a Specialty Occupation RFE, make sure to thoroughly read the passage from the Occupational Outlook Handbook about your client’s job to see if the discrepancy that triggered the RFE is in the text. Then, you will need to provide evidence that this job requires an advanced degree. Evidence includes the ad for the job and ads for the same job in similar companies with in the industry that shows the degree requirements. You can also include evidence that the employer in question has a consistent history of hiring employees to this position with this advanced degree as a minimum requirement. In addition to this evidence, you will also need an expert opinion letter that backs up the evidence provided. At TheDegreePeople, we work with experts who have the highest rate of success in answering Specialty Occupation RFEs. For a free review of your case, visit ccifree.com/ We have experts on hand to help you 24/7.]]>

    Degree Equivalency or False Translation? – Find Out Now!

    Credential Evaluation, immigration, Visa Approvals

    kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same. The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency. For a free review of your case, or your client or employees case, visit ccifree.com/. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.]]>

    Attention: H1B Filing Opens TODAY!!!

    Credential Evaluation, immigration, Visa Approvals

    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:

    1. Consistent Answers – make sure what is entered on the LCA matches the petition, including the job title and description.
    2. Start Date is NO EARLIER THAN October 1st 2019.
    3. Borderline jobs that don’t necessarily require a US Bachelors degree or higher according to the Department of Labor’s Occupational Outlook Handbook are accompanied by a detailed job description and expert opinion letter to prove specialization.
    4. The beneficiary’s degree or degree equivalency specialization matches the job title or is accompanied by a credential evaluation.
    5. Degrees earned outside of the US, incomplete college, or mismatched degree specialization is accompanied by a credential evaluation.
    If you, or your employee or client needs a credential evaluation or expert opinion letter, don’t file the petition without one. We have credential evaluators and experts on hand 24/7 ready to write the evaluation or expert opinion letter you need, or your employee or client needs for visa approval. We offer rush delivery options at affordable prices down to as fast as 12 hours by the clock, and we work off of emailed copies of educational documents. Time is of the essence. Simply visit ccifree.com/ to get started now!]]>

    Dealing with the Level 1 Wages RFE this Year and Next

    Credential Evaluation, immigration, Visa Approvals

    [email protected]: • LCA • Beneficiary’s Resume and Educational Documents • Employer Support Letter • Detailed Job Description • RFE We will get back to you in 48 hours or less with a full review of the case and our recommendations on what to do next. As we’re wrapping up RFE season, we’re coming right up on filing season.  While we won’t know whether preventative measures will work for this RFE until next RFE season, there are some steps you can take to reduce the risk of dealing with the Level 1 Wages RFE again.  If the job can be set at Level 2 Wages, or the job title can be classified as a different occupation, including these changes in the petition and on the LCA may help prevent the Level 1 Wages RFE.  Remember, the LCA and the petition must be consistent, so whatever you enter in the LCA must be the same in the petition.  The job title must match the job description, so it’s important to be very careful when taking this preemptive measure.  We can consult with you on this.  If can also be helpful to include an expert opinion letter from an RFE response in the initial petition to clear up the misconception about Level 1 Wages and entry level positions from the start. To preempt RFEs that we have seen coming in after having answered the Level 1 Wages RFE, it’s always a good idea to include a thorough credential evaluation in the initial H1B petition to close any gaps between your or your employee or client’s education and their H1B job.  Foreign degrees, incomplete or nonexistent college education, and generalized degrees or degrees in specializations that are not an exact match for the job title all require credential evaluations to clearly show CIS that the education meets H1B requirements.  If you’re not sure whether you or your employee or client meets H1B educational requirements, let us review the case before you file in April.]]>

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