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RFE Magnets: 2 H-1B Jobs that Top the RFE Chart

Credential Evaluation, Immigration, Visa Approvals

That means, if you, or your employee or client filed on time and made the H-1B lottery, there’s a high chance your work is far from over.

Two jobs in particular attract a disproportionate amount of RFEs: Computer Systems Analysis, and Computer Programmers at Level 1 Wages. If you hold, or if your employee or client holds one of these jobs, it’s important to know what you’re up against. If you didn’t take steps to preempt RFEs that are commonly linked with these jobs, don’t panic. An RFE is not the end of the world, and there are steps you can take to rectify the situation.

First, let’s take a look at Computer Systems Analysis. The reason this job is so problematic is because CIS requires H-1B beneficiaries to hold a degree specialization that matches the job title. Computer Systems Analysis is a VERY rare degree. In fact, this degree is only available at US colleges that offer self-designed majors. India has a Computer Systems Analysis bachelors degree. However, since the Indian BCA is a three-year program this degree too will trigger an RFE if the petition doesn’t include a credential evaluation that converts three years of progressive work experience into that missing fourth year of college credit. A US masters of Computer Systems Analysis is the only degree we have not seen trigger an RFE for this job.

If your job, or your employee or client’s H-1B job is Computer Systems Analysis and they don’t hold a US masters of Computer Systems Analysis, there is a high RFE risk. Beneficiaries with an Indian BCA in Computer Systems Analysis need to include a credential evaluation with their petition as discussed above. Beneficiaries with education in a related field need to submit a credential evaluation as well that emphasizes course credits in the field of Computer Systems Analysis and converts years of progressive work experience in that field into years of college credit towards earning that specialization equivalency. If you included the right credential evaluation with the petition last week, you took effective steps to prevent this RFE. If you did not, you can still submit this credential evaluation with the RFE response.

Next, let’s take a look at the Level 1 Wages RFE that disproportionately affected computer programmers making Level 1 Wages. H-1B status is for jobs that require a minimum of a US bachelors degree or its equivalent, and for candidates who meet this degree requirement. CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine whether or not a job meets H-1B eligibility requirements. Entry level computer programmer is a borderline occupation, meaning that according to the handbook, employers sometimes hire entry level programmers with only a US associates degree, making this job ineligible for H-1B consideration.

There were two main problems with this reasoning: The first is that just because a job is set at level 1 wages doesn’t mean it’s an entry level position. Determining wage levels is a complex process that takes many factors into consideration, including how much supervision, guidance, and training a worker will need. Since many H-1B beneficiaries are just coming out of college and into the workforce, even though they have the right education, they may not have the on-the-job experience necessary to work without a high level of supervision at first. This factors into the decision to set non-entry level jobs at level 1 wages.

The second problem with CIS’ reasoning for this RFE is that in the same passage of the Occupational Outlook Handbook, the US Department of Labor states that employers will usually require a minimum of a US bachelors degree for the position of entry level computer programmer, indicating that it does meet CIS requirements for specialization.

If you hold, or your employee or client holds this position at level 1 wages, they are at a high risk of RFE. In this situation, you need to include an expert opinion letter along with documentation that this job is specialized to meet CIS requirements for H-1B status.

At TheDegreePeople, we have experts and evaluators on hand to help you. We are RFE experts and work with difficult cases and RFEs every year, and we get them overturned. For a free consultation, visit ccifree.com.

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart Read More »

Degree Equivalency or False Translation? – Find Out Now!

Credential Evaluation, Immigration, Visa Approvals

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 documents in order to understand whether or not the beneficiary actually meets the educational requirements for the visa in question – or can meet them through including the right credential evaluation – is a two-step process. The first is translation, and the second is academic evaluation. You would never send documents to an evaluator for translation, and so you should never expect your translator to complete the evaluation. These are two very different and very specialized services, and expecting these steps to be a one-stop shop is a recipe for an RFE at best.

Beneficiary educational documents are especially vulnerable to false translations when the credential doesn’t have the word “degree” in the title, or a word that translates into it. For example, the Indian Chartered Accountancy credential is the academic equivalent of a US bachelors degree in accounting even though the word “degree” is not in the credential. However, the Canadian Chartered Accountancy and US CPA credentials do not meet equivalency requirements for a bachelors degree in accounting and don’t have the word “degree” in them either.

Some credentials simply don’t have a direct English translation. For example, “postgraduate” degree is often mistranslated into a masters degree even though they are not the academic equivalent. The Russian credential 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.

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Dealing with the Level 1 Wages RFE this Year and Next

Credential Evaluation, Immigration, Visa Approvals

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 it comes to how their pay grade reflects the specialization of their job.  Now, CIS is claiming that computer programming positions at Level 1 Wages are entry level positions.  This is not the case – wage levels don’t work like that.  There are many other factors to consider when it comes to setting wage levels, particularly for new employees.  Entering a new job always requires a heightened level of supervision on the part of the employer, which impact wage levels.  Starting a new job fresh out of a bachelors degree program with the necessary skills and knowledge but little to no direct work experience in the field also requires a heightened level of supervision and training on the part of the employer.  Here’s the catch: these factors set wage levels low to start working, and to start working H1B visa status is needed.

CIS sees that a computer programming position is set at Level 1 Wages and claims that the job is not specialized to meet H1B requirements that state a job must require a minimum of a US bachelors degree or its equivalent to qualify.  The US Department of Labor’s Occupational Outlook Handbook states that employers will sometimes hire entry level computer programmers with less than a US bachelors degree as a minimum requirement, stating that only an associates is needed.  CIS uses this passage as justification to reject the petition.

There are two problems with this:  First, as discussed earlier, this reasoning assumes that a job set at Level 1 Wages is inherently entry level.  This is not true.  Proving this to CIS in the RFE response requires a detailed job description and employer support letter, along with an expert opinion letter that explains wage levels and educational requirements for the industry.  Second, that same passage in the Occupational Outlook Handbook states that employers usually require a minimum of a bachelors degree even for entry level computer programming positions.  This reference also must be included in the RFE response.

At TheDegreePeople, we have experts on hand 24 hours a day, 7 days a week to write the response that you, or your employee or client needs to answer the Level 1 Wages RFE.  For a free review of the case, please send the following documents to [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.

Dealing with the Level 1 Wages RFE this Year and Next Read More »

3 Pro Tips to Successfully Answer the Level 1 Wages H1B RFE

Credential Evaluation, Immigration

At TheDegreePeople, we see difficult RFEs come across our desks every year. This year, CIS rolled out a new RFE, the Level 1 Wages RFE, that has everyone panicking. No one saw it coming, and it’s arrived in unprecedented numbers.

First, it’s important to understand how the Level 1 Wages RFE is justified. CIS cites a passage in the Department of Labor’s Occupational Outlook Handbook that it uses to determine what jobs meet H1B specialization requirements. This passage states that some employers will hire entry level computer programmers with only a US Associates degree. To meet H1B qualifications, a job must require a minimum of a US Bachelors degree or higher. This is the justification CIS uses to rationalize that computer programmers working at Level 1 Wages are working entry level jobs that don’t require a specialized skill set and knowledge base that meet CIS specialization requirements.

There are two main problems here. 1) That same passage states that employers usually require a US Bachelors degree for entry level computer programmers, and 2) just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position.

Here’s what you do:

  1. Show CIS that the job is not an entry level position. This requires documentation including the ad for the job, a detailed job description, comparisions to similar positions for similar companies in that geographic region, and more.
  2. Include an expert opinion letter in the RFE response. This also requires an expert opinion letter debunking the reasoning CIS gives for assuming the job is entry level.
  3. Before you submit an RFE response, make sure that the entire case is reviewed to address the Level 1 Wages RFE, and preempt a second round of RFEs.

The Level 1 Wages RFE is the hot RFE of the year, but this does not mean that other common RFEs are on hold for this season. In fact, we’ve seen that candidates who fail to preempt other RFEs in their response have been getting hit with more common RFEs.

There are certain jobs, certain degrees, and certain situations that are RFE magnets. That’s why it’s important to resist getting distracted by this new RFE and remember that there is an entire petition to strengthen and defend.

For a no charge and no obligation review of your case, or your employee or client’s entire case, please send the following documents to [email protected]:

• LCA

• Beneficiary resume and educational documents

• Detailed description of the job and its duties

• Employer support letter

• RFE

We will get back to you within 48 hours with a full review of the case and our recommendations for how to respond.

3 Pro Tips to Successfully Answer the Level 1 Wages H1B RFE Read More »

How Can You Avoid that H1B RFE?

Credential Evaluation, Immigration, Visa Approvals

st is right around the corner and you want to make sure you have the time you need to file a petition that’s going to be approved. In the haste of preparation, it’s important to keep in mind that the rate of RFEs is high and climbing, and submitting a petition that doesn’t meet H1B requirements is a costly waste of time. Meeting H1B educational requirements clearly and initially is the key to visa approval. Successful H1B candidates must hold a US bachelor’s degree or higher or its foreign equivalent in their field of employ. This sounds simple enough, but matters get tricky when a candidate holds a degree or vocational certificate from outside of the United States. Many candidates are misinformed about their US educational equivalent. This leads to submitting petitions that are doomed to failure. For example, some candidates have earned diplomas and certificates that are not the equivalent of degrees in the United States. Sometimes, the value of the degree gets lost in translation into English. Some vocational certifications from other countries ARE the equivalent of a US bachelor’s degree even though the US vocational certification is not. Foreign credential evaluation is a highly nuanced process that encompasses international education, college and graduate program admissions policies, international trade and commerce agreements, federal case law, and CIS precedent decisions. All of these factors come into play when discerning whether or not you education, or your employee or client’s education meets H1B requirements, and does so with respect to CIS approval trends. Before you get too far on the H1B petition, take the candidate’s education and work experience to a credential evaluation agency. The right agency for you works regularly with H1B cases and their RFEs. When you call or email, they will respond promptly and ask about your or your employee or client’s job and visa. If the agency does not ask about the job and visa, look elsewhere. Don’t file an H1B petition with the wrong education. If a candidate does not meet CIS educational requirements with their foreign degree, they may be able to meet equivalency requirements by including a work experience conversion with a detailed credential evaluation. 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.]]>

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Four Tips to Successfully Answering an H-1B RFE

Credential Evaluation, Immigration, Visa Approvals

an RFE is not a roadmap for success. USCIS is NOT trying to help you. Instead of looking at your RFE for answers, focus on H-1B requirements for guidance. If you, or your employee or client has received an RFE, here are four tips to successfully respond:

  1. Read the RFE thoroughly to understand what is being asked of you.
Sit down with your team, including an evaluator with experience working with RFEs for your client’s visa, read over the RFE word for word, and gain a detailed understanding of what is being asked of you, and WHY CIS is asking for the evidence requested. You only have one shot at responding to this, so you want to make sure you provide everything CIS is asking for at once, alongside a clear explanation of what it is and what is proves.
  1. Understand that sometimes the RFE materials requested cannot be provided.
Sometimes CIS requests evidence that cannot be provided in the time allotted to respond, or within the constraints of the budget, or sometimes even not at all. RFEs like the Nightmare RFE are virtually impossible to answer based on what is asked. With this in mind, it’s important to go back to the H-1B requirements and use these guidelines as the framework for your response. Work with a credential evaluation agency with experience responding to these kinds of RFEs because they understand the underlying questions CIS is seeking to answer in the evidence they are asking you or your employee client to provide. Sometimes you can’t meet the demands of the RFE. Even if providing the requested evidence is virtually impossible, answering the underlying questions is very much possible. In this case, all you have to do to respond successfully is to meet H-1B regulations, if handled properly.
  1. Understand H-1B education requirements.
Every work visa has different educational requirements, and different rules surrounding what education can be combined for US equivalency. For example, an H-1B visa requires beneficiaries to hold a US bachelor’s degree or higher or its foreign equivalent in the exact specialization of the beneficiary’s job position. If you or your employee or client has a foreign degree, or a degree in a mismatched specialization, you need a credential evaluation that clearly shows the value of your education and work experience, or your employee or client’s education and work experience in terms of US academic value. On top of that, you need to do this according to CIS approval trends for this particular visa. For example, a three-year bachelor’s degree from India needs a credential evaluation that converts years of work experience into college credit to account for the missing fourth year even if your degree, or your employee or client’s degree had the same or greater amount of classroom contact hours as a US four-year bachelor’s degree. Talk to a credential evaluation agency that works with professors with the authority to make the work experience to college credit conversion. Make sure the evaluator you work with has experience working with H-1B visa beneficiaries, RFEs, and difficult cases.
  1. MEET THE DEADLINE!
Make sure the RFE is answered by the deadline. Extensions are highly unlikely and filing after the deadline will likely result in the case being rejected. 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.    ]]>

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Don’t Fix H-1B RFEs – Avoid Them!

Credential Evaluation, Visa Approvals

Why You Don’t Want that RFE An RFE is a tool that CIS uses to make a decision about whether or not a candidate’s visa should be approved. While receiving an RFE is an opportunity to strengthen your case, or your client or employee’s case – a second chance at providing all of the requested evidence CIS needs to approve the visa – it is also a big red flag. A glaring omission or error on the petition triggers CIS to take a closer look at it and may very well uncover small errors and inconsistencies that would have otherwise flown under the radar that you will now need to address. With so many petitions and so few visas available, CIS needs its red flags for short cuts. While an RFE can be used to your advantage to build a stronger case for your visa, or your client or employee’s visa being approved, the roadmap to answering the RFE is not always so straightforward. In many cases, the RFE will not directly tell you how to answer it in its wording. One daunting example of this is the notorious Nightmare RFE that is virtually impossible to answer in the time allotted to answer it, and for a reasonable price. To address an RFE, sit down with your team – the lawyer, the candidate, the employer, and the evaluator – to see what is being asked and of whom, and what CIS really needs to know by the questions they are asking. If what they are asking for in the RFE is virtually impossible to provide, you may be able to answer their underlying questions with documentation and evidence that it is possible for you to provide. Of course, the best option is to avoid an RFE in the first place. We’re coming up on autumn, which means it’s time to start preparing for the FY2018 H-1B season. Here are five measure you can take from the get-go to avoid an RFE.

  1. Show very clearly that your degree, or your client or employee’s degree is a US bachelor’s degree or higher or its equivalent. If the degree was earned outside of the United States, you will need to have your education, or your client or employee’s education evaluated by an authorized credential evaluation agency. If the bachelor’s degree is a three-year degree – ESPECIALLY if it is an Indian three-year bachelor’s degree – you need to find an agency with the authority and international education expertise to convert years of work experience into college credit to account for the missing fourth year.
  1. Check the answers on every document and form to make sure they are consistent. Inconsistent answers – even so much as a misspelling or the wrong graduation date – can trigger an RFE.
  1. The degree must be specialized. This means that if you, or your client or employee has a liberal arts degree, or a generalized degree, CIS will not approve the visa. H-1B requirements state that an H-1B candidate must have specialized skills and knowledge necessary to perform the duties of the specialty occupation to meet the visa requirements. Without a specialized degree, CIS cannot clearly see that you, or your employee or client meet these requirements. If this is the situation you face, talk with a credential evaluator about the course content of you or your client or employee’s college career and work experience. An authorized evaluator can convert classroom contact hours in a specialized field into college credit, and also convert years of progressive work experience into college credit that can count towards you or your client or employee’s specialized degree.
  1. The degree must be an EXACT fit for the job offer. Employers often hire candidates with a degree in a related field and work experience in the exact field or even a related field because the specialized skills and knowledge base learned through work and education meet the requirements of the job. When these qualified candidates go to file their visas, they receive RFEs. The solution? If your degree, or your client or employee’s degree is not an exact match for the job offer, you need a credential evaluation that evaluates course content and work experience, and makes the necessary conversions to count towards the correct degree equivalency with a major in the field of the specialty occupation.
  1. Clearly show that the H-1B job is a specialty occupation that requires a US bachelor’s degree or higher or its equivalent to carry out the duties of the job. You can do this by providing the ad for the job, documentation for similar jobs for similar companies, or with an expert opinion letter.
The best way to address an RFE is to avoid it. Don’t give CIS an excuse to pick apart your petition, or your client or employee’s petition. Tell them everything they need to know to make an informed decision about the petition the first time. We are seeing that if credential evaluations are submitted with the initial H-1B filing, a simple evaluation seems to be enough for CIS to approve the petition. However, with an RFE, a more complicated – and expensive – credential evaluation requiring more evidence, documentation, and even an expert opinion letter is almost always required. Remember, an RFE is a big red flag waving high over the petition. Don’t wait for the opportunity to overturn an RFE to build a strong, solid case. 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.  ]]>

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The H1B Nicknamed the Genius Visa H1B Visa Program Keeps US STEM Industries from Collapse

Credential Evaluation, Immigration, Visa Approvals

Nicknamed the “Genius Visa,” holding an H1B visa enables foreign nationals with advanced degrees to live and work in the United States for up to six years. This Visa ensures that they get prevailing industry wages and benefits, and that the companies that hire H1B visa holders can take on these new hires without cutting into the wages and benefits of other employees. This Visa offers a unique opportunity for highly skilled workers to live and work in the United States long-term, with their families. It is a Visa of dual-intent, so while it is a non-immigrant Visa, H1B Visa holders can choose to pursue pathways to citizenship.

About 70% of all H1B Visas go to workers in STEM (science, technology, engineering, and math) industries. Why is this?

“Science is the engine of prosperity,” Dr. Kaku explains. “The United States has the worst educational system known to science.”

Students in the United States are not graduating high school or even college with the math and science skills necessary to fill the growing number of high tech jobs in places like Silicon Valley. According to Dr. Kaku, Silicon Valley would not even exist without the H1B Visa program because people coming to the United States to work on these Visas fill the positions that create entire STEM industries. Wall Street Journal agrees that when it comes to the highest level jobs at the highest level technology companies, Americans simply are not qualified. H1B workers are needed to create jobs for US citizens in these same industries because high-level jobs are necessary to create lower-tiered jobs in the industry through which US citizens can develop expertise through industry experience. Without a doubt, the “genius visa” is the secret ingredient that keeps STEM industries in the United States from collapsing.

While it may come as a surprise to some that Silicon Valleys are popping up in countries like China and India, it actually makes all the sense in the world because these are the countries that the top-level Silicon Valley engineers and developers are coming from. School systems in these countries cultivate strong scientific minds, and the United States attracts them with the H1B Visa program.

STEM industries aren’t the only fields attracting foreign geniuses. Dr. Kaku reports that 50% of all PhD candidates in the United States are foreign born, building the backbone of graduate programs in the country. Without the H1B visa program, 50% of all PhD candidates in the United States simply would not exist.

To qualify for H1B Visa status, a candidate must hold an advanced degree in a specialized field. That means having earned a bachelor’s degree or higher in a specialized field that matches their field of employ. While this sounds straightforward, variance of academic structures across borders muddles the value of any given degree. H1B Visa candidates are running into trouble getting their Visas approved because employers understand the value of their foreign education, but the USICS needs the value clearly articulated in terms of US educational standards. Candidates with three-year bachelor’s degrees in particular are running into trouble. When a candidate files his or her H1B Visa petition, an evaluation of their foreign degree must be included.

“Credential evaluation is a highly specialized process,” explains International Education expert and credential evaluator Sheila Danzig. “When we evaluate foreign credentials for US equivalence, we have to take classroom contact hours, USCIS and other legal precedents, university admissions decisions, and documented investigations into foreign education equivalencies into account to clearly spell out the value of your education.”

Dr. Kaku’s and the Wall Street Journal’s observations about the state of the US educational system are clearly reflected in the demographics of high-level tech jobs. All the same, the H1B Visa program requires candidates to prove their genius to their employers and graduate programs, as well as the bureaucracies that approve their visas.

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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