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Immigration

When U.S. Citizenship and Immigration Services issues a Request for Evidence, applicants often feel uncertain about what comes next. An RFE does not mean a petition will be denied. It simply means USCIS needs more information before reaching a decision. With the right documentation and a carefully prepared response, many cases move forward successfully. TheDegreePeople.com has long helped clients prepare strong responses that provide the evidence USCIS is seeking.

RFEs are issued when an application does not include enough information for a final determination. This can happen for several reasons. USCIS may question academic credentials, especially when foreign degrees must be compared to U.S. standards. In other cases, the concern may involve limited documentation of work experience, missing translations, or unclear supporting materials. Sometimes inconsistencies appear between the job description and the qualifications required for the role. Each of these issues requires a clear and well supported response.

TheDegreePeople.com focuses on education and credential evaluations designed to meet USCIS expectations. When RFEs involve degree equivalency, coursework relevance, or job experience questions, their team prepares evaluations that explain how a person’s background meets U.S. standards. Their services include credential evaluations for foreign education, expert opinion letters from industry professionals, and work experience evaluations that translate relevant employment history into academic equivalency when appropriate. They also assist with preparing organized RFE response packages that address each concern raised by USCIS.

Years of experience with immigration related evaluations allow TheDegreePeople.com to provide responses built around USCIS review standards. The company reports a 92 percent approval rate for H1B and I140 filings, reflecting the effectiveness of its evaluation work. Each case receives individual attention so the documentation aligns with the specific facts of the petition and the questions raised in the RFE.

Their approach also focuses on both resolving RFEs and preventing them when possible. Evaluations are prepared to address the exact concerns raised in the notice so that every document directly supports the case. TheDegreePeople.com relies on a team familiar with immigration requirements and international education systems, allowing them to prepare evaluations that match the standards expected by USCIS.

Because RFE responses must be submitted within strict deadlines, the team works closely with applicants and attorneys to ensure documents are prepared and delivered on time. Their services also extend beyond academic records. They review professional experience and connect job duties with an applicant’s education, showing how academic knowledge is applied in a real work setting.

As immigration policies evolve, accurate documentation becomes even more important. TheDegreePeople.com continues to prepare evaluations that reflect current USCIS expectations, helping applicants present stronger cases and improving the likelihood of approval.

About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today.

How TheDegreePeople.com Helps Resolve Challenging USCIS RFEs Read More »

Immigration
Credential Evaluation, Immigration, Visa Approvals

What does this mean? In practice, it actually means very little has changed. While denials are much more difficult to overturn than RFEs, it should not change the fact that applicants must file the initial petition in completion, with all additional evidence and documentation included, preemptive of any RFEs the case is likely to trigger.

Getting it right the first time has always been key to a successful H1B season. Another change to come this April 2019 is that H1B applicants must file electronically at the normal time to be included in the lottery, but no paperwork is required to be filed UNLESS the petitioner is selected for the lottery.

However, if you, or if your employee or client is planning to petition for H1B status for FY 2020 you need to be ready to file an impeccable petition the first time because it is unlikely you will get a second chance. That means being aware of any potential RFE triggers inherent to your case, or your employee or client’s case.

To prevent a denial, it is important to include a credential evaluation in the initial petition to fill in any gaps between your education, or your employee or client’s education and the exact US degree needed for the job. This may include a work experience conversion to account for missing years of college.

To prevent a wage issue or specialty occupation issue – two interrelated issues which have been very prevalent in the past two H1B seasons – include an expert opinion letter in the initial petition that thoroughly explains how the job in question meets H1B specialty occupation requirements, and that the wage level is appropriate.

At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical.

Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com and we will get back to you in 48 hours or less.

What You Need to Know About Changes to H1B Visa Adjudication Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

This past July, USCIS announced a policy memorandum that took effect September 11th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE.

Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that the case would be approved.  Now, adjudicators have broader discretion to flat out deny petitions.

CIS says that the purpose of this memorandum is to deter “placeholder” petitions, which are incomplete petitions with vague answers that are later clarified in RFE responses.  Adjudicators can now deny these cases flat out.  Some examples include petitions submitted without supporting evidence or severely lacking in supporting evidence, petitions submitted with questions left unanswered, and petitions that require additional official documents or evidence but are submitted without them.

While this amendment sounds alarming, in theory it really doesn’t change much for petitioners.  From what we can tell at TheDegreePeople, reports of issue have been exaggerated.  It has always been generally advised for petitioners of all visas to submit complete petitions, on time, with all supporting evidence and documentation included.  In this sense, nothing has actually changed when it comes to optimizing your chances of visa approval.

However, laws on the books are different from laws in action.  To see the full scope of how this new memorandum will change visa approval, we will have to wait and see how it all plays out with USCIS.  In the meantime, it’s now more important than ever that you get the petition right the first time.  That means identifying where CIS is likely to have questions about your case and providing any additional evidence they will need before they have to ask for it.

At TheDegreePeople, we have been working with RFEs for years and follow CIS approval trends.  The best way to answer an RFE now, as it has always been, is to prevent it in the first place.  Visit TheDegreePeople.com to chat with us about your case.

Have you encountered issues with this new memorandum?  We want to hear about it!  Comment here to post your opinions and experiences regarding this matter.

Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

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 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!

Attention: H1B Filing Opens TODAY!!! Read More »

Credential Evaluation, Immigration, Visa Approvals
Credential Evaluation, Immigration

Here are the main problems with this RFE:

• The Occupational Outlook Handbook ALSO states that employers normally require entry level computer programmers to hold a US Bachelor’s degree as a minimum requirement for the job.

• Being paid Level 1 Wages does NOT mean it is an entry level position. That’s not how wage levels are calculated. In many cases, the reason these specialized jobs are set at Level 1 Wages is because the employees that hold them are recent college graduates with little to no work experience in the field and therefore require a high level of supervision and guidance. The H1B program is an incentive for college students to come to the United States for school in that it allows them to remain in the country working jobs that require their Bachelor’s degree after they graduate. This RFE is a hindrance to this incentive.

When it comes to the Level 1 Wages RFE, CIS is simply wrong. However, it’s still up to CIS who’s visa is approved and who’s is not. So what can we do? We need to point out these problems in the RFE response, and also include expert opinion letters that explain the specialization of the job and how wage levels are actually calculated, as well as documentation that shows the job is specialized to meet CIS requirements for the H1B visa. This includes the ad for the job and similar jobs for similar companies to show that a minimum of a Bachelor’s degree is required, as well as the part of the Occupational Outlook Handbook that states employers normally require a Bachelor’s degree or higher for entry level computer programmers. This is a heavy burden of proof, and you will need help.

At TheDegreePeople.com, we have seen a 90% success rate in answering the Level 1 Wages RFE. To have us review your case at no charge or obligation, please submit the following documents to [email protected]:

• LCA

• The Beneficiary’s Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• The RFE

We will get back to you in 48 hours or less with a full analysis and, if we can help you, costs and instructions on how to utilize our services.

The Level 1 Wages RFE is just another RFE that we now need to learn how to answer now, and how to prevent next year.

In his informational video H1B RFE for Wage Level 1 for Computer Programmers, American Visa Law Group Managing Attorney Hasan Abdullah explains, “Well, obviously very simple: go with Wage Level 2 if you can. If you can’t go with Wage Level 2, maybe you want to try a different occupation. […] Some occupations are prone to RFEs on whether or not it’s a specialty occupation.”

There are jobs like Computer Systems Analysis that are notorious for being a target for RFEs. If this is the route you choose to take next year, be sure to consult with a credential evaluator who works with H1B RFEs so you don’t end up just walking right into another RFE while trying to avoid this one.

Level 1 Wages RFE: Problems, Solutions, and Prevention for Next Year Read More »

Credential Evaluation, Immigration
Credential Evaluation, Immigration

The problem arises when employers mark the occupation as Level 1 Wage on the Labor Conditions Application (LCA) they must file. CIS released a memo in late March indicating that computer programmers at Level 1 Wages will not qualify because entry level computer programmers only need an Associate’s degree while H1B status requires a US Bachelor’s degree or higher or its foreign equivalent. They are using this justification to issue RFEs instead of approvals to these candidates.

Here’s the problem: Just because an employee is making Level 1 Wages doesn’t mean it’s an entry level job. That’s not how wage levels work.

The other problem is that CIS cites the Department of Labor’s Occupational Outlook Handbook where it states that some employers will hire entry level computer programmers at Level 1 Wages. This same section also states that usually an employer will require a Bachelor’s degree. CIS only uses part of the whole statement to justify pidgeonholing an entire segment of the H1B candidacy.

The March Memo signaled a complete change in the way CIS views and deals with Wage Level 1 computer programmers. CIS is wrong and it’s up to all of us to stand up to them. Here’s how: successfully answer the RFE!

At TheDegreePeople.com, we have had 90% success in answering Employment Issue RFEs this year. We have experts on hand who can write detailed, well-documented opinion letters that show the job is specialized to H1B standards and that the wage level does not equate to the degree of specialization.

If you or your employee or client received an employment issue RFE, we can help. Simply go to ccifree.com for a free consultation.

H1B Alert: CIS is WRONG About Level 1 Wages RFE Read More »

Credential Evaluation, Immigration
Credential Evaluation, Visa Approvals

EB2 traps can set your Green Card, or your employee or client’s Green Card back years. Know where they are so you don’t fall into one.

Although it is tempting for candidates to try to meet EB2 qualifications when really their education and employment is a fit for EB3, trying to make education that simply does not work for EB2 fit is a waste of time. Sometimes, the candidate’s education simply does not work for EB2.

However, EB2 education requirements are very specific and equivalencies can be complex. If you or your employee or client DOES meet EB2 educational qualifications, you need to know, and you need to know how to justify this to CIS. Filing for EB2 with the RIGHT education will save you or your employee or client years in limbo. Before you file, take the candidate’s education to a credential evaluation agency that works extensively with EB2 cases and their RFEs and Denials. These agencies understand EB2 education requirements and CIS approval trends for this particular visa. Simply having an expert review your credentials, or your employee or client’s credentials before you file will go leaps and bounds to help you sidestep EB2 education traps.

Here are the main ones to be aware of:

  1. Mismatched Education

If the candidate’s degree is in a field that is not an exact fit for the job offer on the PERM, you can expect an RFE at best. This is a major EB2 education trap because employers will hire candidates with degrees in related fields and work experience in the field, but CIS will not approve their visas. If this is your situation, or your employee or client’s situation, you will need a very detailed and specific credential evaluation to write the US academic equivalency of the right degree in the right specialization. CIS has very strict requirements about how you can meet these equivalency requirements when it comes to EB2. Talk to a credential evaluator to see if you can make this equivalency work with your, or your employee or client’s education and work experience. The answer may be no. If this is the case, don’t be tempted to pull one over on CIS. This will not work.

  1. Bachelor’s Degree Equivalency is not a Single Source

EB2 education requirements state that to qualify a candidate must hold a US bachelor’s degree FOLLOWED BY at least five years of progressive work experience in the field, OR a US Master’s degree or higher in the field. If you or your employee or client has a bachelor’s degree from outside of the United States, or a US degree in the wrong field, you will need an equivalency that is a SINGLE SOURCE. CIS accepts three years of progressive work experience in the field as the equivalent of one year of US college credit towards a degree in that specialization. Likewise, following having earned a bachelor’s degree, CIS counts fives years of progressive work experience in your client’s field of employ as the equivalent of a US Master’s degree in the field provided that a bachelor’s degree was a minimum requirement for the job itself.

This gets tricky real fast. We always recommend taking your or your employee or client’s education and a current, accurate resume to a credential evaluation agency that works regularly with EB2 visas and their RFEs, and that also works with college professors with the authority to grant college credit for work experience. Your will need to have the work experience necessary to provide a SINGLE SOURCE bachelor’s degree equivalency. This requirement is complex and requires expertise to determine whether you or your employee or client can qualify, and to provide the evidence, analysis, and documentation necessary to explain this to CIS in the petition.

  1. Poorly Translated Documents

Candidates fall into EB2 education traps when they provide mistranslated or misevaluated documents. Some degrees simply don’t translate into English and retain their academic value. Some translation agencies have begun to provide evaluation services that are attractive to candidates wanting to save time and money. However, evaluation is a completely different, highly specialized service because of the complex nature of foreign academic differentiations and the fact that degrees with the same name hold different academic values between countries. Some degrees with different names hold the same equivalency. For example, Indian Chartered Accountancy is the foreign equivalent of a US bachelor’s degree in Accounting while the Canadian Chartered Accountancy and US CPA are not the equivalent of that advanced degree. This sort of problem comes up when academic value gets lost in translation, or when a translator takes credential evaluation liberties without the knowledge to assure accuracy.

To sidestep this EB2 education trap, if your or your employee or client’s educational documents need to be translated and evaluated, make this a two-step process. Do NOT compromise on this. You would never take credentials to an evaluation agency for translation! Get them translated into English first, then take them to a credential evaluation agency. Agencies that work regularly with EB2 visas can identify common translation errors and make academic value judgments accordingly.

To avoid these EB2 education traps, simply visit ccifree.com and attach all educational documents and a current, accurate resume, along with the job title. We will get back to you within 24 hours with a pre-evaluation of your case, or your employee or client’s case, and a full analysis of all of your options.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.

Avoid that EB2 RFE: Sidestep Education Traps Read More »

Credential Evaluation, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

Here’s the deal with H1B and the Indian Three-Year bachelor’s degree:

CIS will NOT accept the Indian three-year bachelor’s degree alone as adequate evidence that you or your employee or client meets H1B educational requirements.

It doesn’t matter that Indian three-year bachelor’s degrees contain just as many if not more credit hours as the US four-year bachelor’s degree. It doesn’t matter that many prominent British and US universities accept Indian students into Master’s programs with three-year bachelor’s degrees. It doesn’t matter what international trade agreements and international education analysis has to say about the academic value of an Indian three-year bachelor’s degree.

The bottom line is CIS is hung up on missing year number four, and to get your or your employee or client’s H1B visa approved, that fourth year needs to be accounted for.

Here’s how:

If you or your employee or client has three years of progressive work experience in the field of his or her H1B job, a university or college professor with the authority to issue college credit for work experience can grant one year of college credit for those three years of work experience. How can you tell if you or your employee or client has “progressive” work experience? Throughout the years of work experience, you or your employee or client must have taken on more responsibility and complexity in the work performed, indicating that education specialized to the field occurred through this work experience.

Before your file, take your or your employee or client’s transcripts and work experience to a credential evaluation agency for review. This agency must be experienced working with H1B visas and their RFEs, and have professors authorized to grant college credit for work experience on hand to write the credential evaluation. If the agency does not ask the visa or your client’s job, look elsewhere. You need to find an agency that understands the nuances of H1B visa requirements to get the results you need.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.

Everything You Need to Know about Three-Year Bachelors Degrees and H1B Filing Read More »

Credential Evaluation, Immigration, Visa Approvals
Immigration, In the News, Visa Approvals

When the number of H-1B petitions submitted that are not cap-exempt exceeds the allotted 85,000 annual visas, USCIS uses a randomized, computer-generated lottery to determine which visas are accepted for consideration for these visas. All visas selected are reviewed by CIS, and the rest are sent back to the petitioners and their employers. For the past ten years, the number of visas submitted has exceeded the cap. In the past four, this has happened within a week. This year, 236,000 H-1B petitions were submitted for fiscal year 2017. The H-1B lottery has been a staple of the process for about a decade now, and still lawyers, employers, and H-1B candidates have no idea how it actually works.

This year, the American Immigration Council and Hughes Socol Piers Resnick & Dym Ltd. brought the H-1B under the Freedom of Information Act. The intention is to audit the system to see how it works, and to make sure the lottery is as fair and impartial as CIS claims it to be.

The specific questions under investigation are:

  1. How does the electronic selection process work?
  2. How does the process for rejecting or accepting a petition function?
  3. How does CIS determine how many petitions to select for the lottery, and how does CIS determine when they have reached the limit for petition approval?
  4. How does CIS track visa numbers?
  5. Does CIS actually allocate all of the visa numbers available?

Unless major immigration reform happens to significantly increase the number of H-1B visas available annually, the lottery is here to stay. That means it needs to be made public record how it works. Candidates and their employers and lawyers have no control over whether or not any given petition is selected, but checking the process to ensure that it is up to statutory standards, and as impartial as it claims to be is necessary for accountability.

If your petition, or your employee or client’s petition is selected, it must be impeccable. CIS selects more petitions than there are H-1B visas available in the lottery process, then reviews the petitions they receive. That means they are looking for red flags, and many petitions must be rejected as part of the process. It is imperative that you get it right the first time. While RFEs can be answered, it is always best to prevent getting one in the first place.

If your education, or your employee or client’s education is from outside of the United States, never file without a thorough credential evaluation that clearly spells out the US equivalent of your client’s degree, with a specialization that matches their job offer. We see so many RFEs every year that could have been prevented simply by taking this step before CIS has to ask you, or your employee or client to do so.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of 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.

H-1B Lottery Brought Under the Freedom of Information Act Read More »

Immigration, In the News, Visa Approvals
Credential Evaluation, Immigration, Visa Approvals

There are plenty of good credential evaluators out there who are not a good fit for your EB2 credential evaluation, or your employee or client’s EB2 credential evaluation. They can write accurate evaluations, but not the right one for what you need.

Finding the right credential evaluator for your unique case, or your employee or client’s unique case is often the difference between approval and problems. Many EB2 candidates who are qualified for this advanced degree visa are met with RFEs at best because the credential evaluation did not interpret their credentials in terms of PERM educational requirements. These requirements are very specific when it comes to the EB2 classification, and the right credential evaluator understands this.

How can you find the right credential evaluator? Ask yourself these five questions to find your way to the perfect match for your case, or your client or employee’s case:

  1. Are they easy to work with?

What does this look like? When you call, she answers. When you text or email, she responds promptly. When you have a question, it gets answered to your satisfaction the first time. You feel comfortable talking to him and asking any question you may have without fear of judgment. Being easy to work with also means the evaluator is affordable and offers rush delivery options to meet your needs and the needs of your employee or client. An evaluator who makes it easy for you to work with them wants to work with you and prioritizes customer service.

  1. Did they offer a free review of your case, or your employee or client’s case?

Only work with evaluators who will review your client’s education and consult with you on how to best proceed before asking for payment. An evaluator cannot know what services to provide without first reviewing your case, or your employee or client’s cases. Particularly when it comes to EB2 visa eligibility, an evaluator needs to take a close look at your education and work experience, or your employee or client’s education and work experience to determine if the strict PERM educational requirements for this visa can actually be met.

  1. Do they work with RFEs, Denials, and NOIDs often?

Evaluators who work with difficult cases on a regular basis understand what works and what does not work in getting these difficult cases approved. They have insight into what triggers an RFE, Denial, or NOID, and they understand what tends to work when addressing them, even when the pathway to approval is not clear. Evaluators who work with these kinds of cases on a regular basis can understand what questions CIS is looking to have answered in the documentation they ask you or your employee or client to provide. They also have deeper insight into CIS approval trends, which change with every year.

  1. Did they ask about your visa, or your employee or client’s visa?

Educational requirements vary from visa to visa, and what kinds of educational equivalencies and combinations of education and work experience CIS will accept vary from visa to visa. For example, with an H1B visa, candidates can combine work experience with college credit to form a US four-year bachelor’s degree equivalency. This is not the case for EB2, where the bachelor’s degree equivalency must be a single source. If the evaluator did not ask about your client’s visa, he does not know this vital element in writing the evaluation you and your client need.

  1. Did they ask about your job offer or your employee or client’s job offer?

The evaluation that will get your client’s visa approved lends itself to your job, or your employee or client’s job. PERM educational requirements insist that your degree, or your employee or client’s degree be an exact match for the job offer. This means that if the degree is in a related or completely different field from the job, the evaluation must compensate for this and show that you, or your employee or client has the academic equivalency of a degree in the field of employ. This is a common problem because employers commonly hire people with degrees in related fields with work experience in the field because employers know these workers have the specialized skills and knowledge needed to perform job duties. CIS needs an exact match. A credential evaluator cannot write the evaluation that you, or your employee or client needs without knowing the job offer.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of 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.

Five Questions to Ask to Find the Right Credential Evaluator Read More »

Credential Evaluation, Immigration, Visa Approvals
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