Need Help?

US work visa

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

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.]]>

H1b Question – Which job offer has the most RFEs in 2015?

Why is this?  In their educational requirements policy, the USCIS states, “A generalized degree, absent specialized experience, is insufficient” to prove an H1b candidate is educationally qualified for their specialty occupation. For example, the USCIS cites, “Since there must be a close corollary between the required specialized studies and the position, the requirement of a degree of generalized title, such as business administration or liberal arts, without further specification, does not establish eligibility.” When one’s education does not work standing alone, an evaluator must include the candidate’s work experience to meet H1b requirements.  At the same time, the USCIS requires a candidate’s degree to specifically match their specialty occupation.  While employers will hire those with a degree in a field related to their job, the USCIS requires an exact match.  Which degree fits Computer Systems Analyst? Master of Computer Analysis is the ONLY standard degree we have seen that ​has​ not triggered​ an RFE for that job offer​. Some other degrees has “slid by” but we have seen RFEs for all of them.​ A US Bachelor’s of Computer Science Engineering or its equivalent even receives an RFE for being a “generalized” degree.  A bachelor’s degree in Computer Sciences Analysis is an extremely rare degree in the United States, available only at colleges and universities with self-designed degrees. However with work experience you can have that equivalence.​ However, most candidates don’t have a Computer Sciences Analysis self-designed degree from a US school.  A Bachelor’s of Computer Analysis sh​ould be accepted by the USCIS if it is a four-year degree, however​ the BCA from India is a three-year degree. The solution?  An evaluator can add your client’s work experience to his or her education to show an ​equivalence to a US Bachelor’s Degree in Computer Sciences Analysis. Although rare this degree does exist, and more importantly it​ is accepted by the USCIS as fulfilling the requirements for a Computer Systems Analyst. While RFE’s are not the end of the world and can be addressed, they are also seen as red flags.  An RFE for an​ issue like education can draw attention to the small details of your client’s petition, which can lead to even bigger issues.  It is always better to prevent an RFE in the first place than to overturn one later. About the author  Sheila Danzig   ​Sheila Danzig is the Executive Director​ of CCI TheDegreePeople.com a Foreign Credential Evaluation Agency. For a no charge analysis of any difficult cases, RFEs, Denials or NOIDS, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

3 Reasons Why Your Client or Employee Got an RFE and How to Deal With It

  • Foreign Degree
  • For the same reason you wouldn’t just pay for a pair of shoes in the United States with foreign currency, you shouldn’t just petition the USCIS for a visa with your foreign degree. Why not? Because its value is unclear. Just like it’s the responsibility of the individual to exchange your money at the border, it’s also their responsibility to translate the value of your education across educational system structures. Your client can do this by sending in an evaluation of their foreign credentials along with the initial H1B petition, or if they receive and RFE, order an evaluation. In these evaluations, international education experts will examine the academic content of your client’s educational experience and write an evaluation of its US value equivalence.
    • Right Degree, Wrong Major
    This kind of RFE is surprising many petitioners and their employers because it’s a new standard. Until recently – like most employers – the USCIS would approve applicants whose advanced degree was in a field related to their field of employ. In the past five or six years, these standards have tightened and now the USCIS requires petitioners’ degrees to exactly match their field of employ. If your client has the right degree in the wrong field, you still have options. A detailed credential evaluation can show that your client’s degree in, for example, computer sciences, is the functional equivalent of an engineering degree with a detailed examination of your course content, work experience, and whether or not your client’s degree in engineering would qualify him for admission into a computer sciences master’s degree program.
    • Questionable Evaluator
    Say you foresaw the first two hang-ups and ordered a credential evaluation but were still met with an RFE. Sometimes, RFEs are issued because your client’s credentials were evaluated by an evaluation agency with questionable credentials of their own. It’s of the utmost importance the value of your client’s education be evaluated by international education experts with the knowledge and authority to accurately translate the meaning of the degree. Help your client choose carefully when selecting a credential evaluation agency. The agency should be affordable, easy to reach, and make you and your client feel comfortable when corresponding with them. They should be able to provide you references with grace and ease, have great reviews, and clearly be able to show their experience working with the kind of case you are working with. The best way to address an RFE is to meet all of the evidence requires in the first place. But if your client does get an RFE, don’t panic! While this is an undesirable and beyond inconvenient situation, it is not an NOID, it is not a Denial, and it is nothing out of the ordinary. Take the time to read over your RFE carefully with your client, fully understand what is being asked of them, and help them submit all of the evidence requested in order on time. Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/.]]>

    Challenges and Benefits of Hiring H1B Employees to Your Start-Up Staff

    st. Detailed evidence that your company upholds US labor standards is necessary for this application to be approved so you and your employee or client can move forward on the petition process. This will benefit your company in the long run by ensuring that your business is built on a basis of excellence. If you hire a foreign worker, you will most certainly be held to higher standards and have those standards enforced more strictly than if you simply hire US-born workers. However, this will ensure that your company get off to a legitimate start and evolve from a strong, solid foundation. There are simply not enough highly skilled workers who are US citizens to meet the growing job demands of the IT industry, and plenty of brilliant minds from other countries who want to work for you. At the same time, with H1b employees on staff, your company will have strong roots in an international perspective and a global focus. As the business world – particularly the IT world – becomes evermore globally oriented, your company will already be structured for this modern, global industry while established companies and other start-ups that don’t hire H1b workers will have to adapt. It is well worth the extra attention to the details of the petition process to start up your new business with H1b employees on your staff. 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. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.  ]]>

    Don’t Wait for that Education RFE

    http://discuss.ilw.com/content.php?4449-Article-You-Can-Beat-The-Nightmare-RFE-for-H1B-By-Sheila-Danzig. An RFE – as I have been told by countless attorneys – is also a big red flag. You can respond to an RFE, but it is still a red flag that the initial petition was filed improperly and without sufficient evidence. These red flags are shortcuts CIS uses to simplify the huge amount of work to be done regarding Visas every year. There are better ways to make CIS’s job easier. Don’t wait for an RFE to submit a foreign credential evaluation. Include all of the necessary evidence to prove your client or employee’s eligibility for their job and their Visa the first time, without CIS having to ask you for it. Even though this does not increase your chances in the lottery, it certainly does wonders for chances of approval after the lottery. 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. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.  ]]>

    Who is to Blame for Your RFE?

    When is it the attorney’s fault? Very rarely, an attorney will file a PERM incorrectly. Generally, however, the attorney error occurs when the candidate’s education is not reviewed by an education specialist before the PERM is filed. In this case, the candidate’s account of the education is incorrect or does not meet the CIS definition of a degree for that particular Visa. Unless this is the case, don’t file your attorney over an RFE. When is it the evaluator’s fault and how can it be the fault of the evaluation but NOT the person who wrote it? There are situations when the RFE is clearly the evaluator’s fault because the evaluation was incorrect. For example, when a non-accredited PGD is listed as accredited, CIS jumps on that inaccuracy to issue an RFE. However, every evaluation is different, and evaluations for different Visas must be written very differently. When an evaluator writes an evaluation for any particular visa, he or she must know both the Visa regulations AND current CIS trends. The evaluator may have done the job properly but the equivalence does not work for the particular Visa. For example, someone with a four-year degree in electrical engineering can have an evaluation written perfectly showing equivalence for a US bachelor’s degree in electrical engineering, and then receive an RFE because his or her job is in the field of computer software analysis. This sort of mismatch triggered an onslaught of RFE’s this year. The evaluator did a good job, but the evaluation was not correct for the purposes of the Visa. In this case, you may have likely found the write evaluator, he or she just wrote the wrong evaluation correctly. To avoid this, make sure you order your evaluation from an agency that knows education regulations for each Visa. If you advise an evaluation agency that you need an evaluation for an H1B visa and they don’t ask about the job offer, find a new agency. The degree must precisely fit the field of employ for this Visa and the evaluator needs to know this information so they can evaluate an equivalency to the proper degree. If you are not asked about the job offer, the agency simply does not understand what is required of H1B Visa candidates. If you have already paid an evaluator and a mistake was made, I suggest you go back to that evaluator to try to address your RFE. However, if the evaluation agency did not make sure that the evaluation was written for the particular Visa it was ordered for, that may just be how they operate. They may just be writing standard evaluations and not be authorized to make the conversions necessary to prove equivalence between fields or across educational system structures. You cannot expect an agency to do something they don’t claim to do. The evaluation agency you want is one that will look at the education, as well as the visa requirements and current CIS trends. When is it CIS’s fault? Government bureaucracies make mistakes and some RFE’s are simply factually incorrect. Everything in a petition could be done correctly and you can still receive an RFE. Often when CIS is at fault, the RFE will state that an accredited university is not accredited, or that a qualified evaluator is not qualified. While these RFE’s are frustrating, they are also easy fixes. With the help of your evaluator, you can easily provide these facts and receive an approval. When is it the Candidate’s Fault? Candidates make mistakes. They have been known to insist that their high school documents are college level. They have also been known to provide poorly translated documents, or even fraudulently translated documents. Often but not always, a good evaluator can pick up on these problems before starting in on the evaluation, but not all evaluation agencies will review a candidate’s case before accepting payment and writing it. To be sure that no problems arise further down the road that can trigger an RFE, we always review all of the documents before accepting a credential evaluation order. Before we have seen all of the education documents, a resume, and the RFE or Denial if one has been issued, we have no way to discuss any given candidate’s case. We want to discover any issues in the documents right away in order to eliminate the vast majority of client confusion and misinformation. When is it no one’s fault? Sometimes, it really is no one’s fault. CIS trends change. As we have seen especially in the past seven or so years, CIS trends can change very quickly. We can only, at best, know what they generally do and what they have done. CIS can be a wildcard, and for that reason we can never guarantee what they are going to do. When this happens, all you can do is carefully read the RFE, understand what is being asked of whom and who can provide the requested evidence, and do your best. Can we draw a usable conclusion? Yes. If you have a competent attorney, work with him or her to resolve the RFE. If you used an evaluation agency before receiving an RFE, go back to them. Next time, make sure you are working with an agency that reviews the education and Visa requirements before you order. If that is not their policy, find a new agency. If that is their policy, hear them out. As much as I would like your business, an RFE is really not a reason to jump ship if an evaluation agency’s overall work has been good. Few agencies have passed through the RFE gauntlet this year unscathed, and many of these RFE’s are not the fault of the agency. Or the fault of the attorney. If you receive an RFE, the best solution is to remain calm and deal with it as best you can. 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. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.]]>

    Top 5 Tips for Finding a Reliable Credential Evaluation Agency

  • The price is right. If it costs an arm and a leg to get a credential evaluation, look elsewhere. Reliable agencies are low-cost, regardless of what the expensive ones may want you to believe.
    1. The conversation flows. When you feel comfortable talking with an agency, it’s a reflection of their confidence in their work. Discomfort is an indicator that your questions aren’t being answered smoothly, the agency is not confident in their work or knowledgeable about visa and immigration issues, or are otherwise failing to meet your needs. A good conversation that you can walk away from feeling satisfied is a good indicator you’ve found a reliable agency.
    1. Past clients are happy. Never order an evaluation without first getting testimonials from past clients and reading their reviews. No matter how good an agency looks on paper, or sounds over the phone, the experience of people who have done what you are about to do speaks the loudest.
    1. They answer the phone…or email, or text. If you can’t count on an agency to be reliable enough to answer your communications, you can’t count on their evaluation to be reliable either. A credible agency will be available to you in any medium you choose, day or night, every day. This is because reliable agencies that do good work understand the timeframe and pressures of the immigration process. If you can’t reach an agency, don’t order from them.
    1. They offer a range of options. Reliable credential evaluation agencies understand the time crunch of visa deadlines. They are well-versed in the many surprise hang-ups that may arise in the process of H1b petitioning. For this reason, agencies that actually understand the ins and outs of your situation will have a variety of rush delivery options, also available at low prices. Order from agencies that give you inexpensive options.
    ]]>

    Scroll to Top