Need Help?
Message Sheila D, Executive Director with any questions
9544405599

USCIS

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

Credential Evaluation, immigration, Visa Approvals

th, 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.      ]]>

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!]]>

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

Credential Evaluation, immigration

[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.]]>

Avoid that EB2 RFE: Sidestep Education Traps

Credential Evaluation, Visa Approvals

  • 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.]]>

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

    immigration, In the News, Visa Approvals

  • How does the electronic selection process work?
  • How does the process for rejecting or accepting a petition function?
  • 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?
  • How does CIS track visa numbers?
  • 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.  ]]>

    Five Questions to Ask to Find the Right Credential Evaluator

    Credential Evaluation, immigration, Visa Approvals

  • 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.]]>

    Job Description and the Degree Requirement: Is Your Candidate H-1B Qualified?

    Credential Evaluation, immigration, Visa Approvals

    st. If the past several years are any indication of what is to come, you will only have a five-day window to get your client or employee’s petition in the H-1B lottery. Before you even get started, there are two very important questions about whether or not the job and the employee are H-1B qualified you and your client or employee should be asking:

    1. Is the job itself a specialty occupation?
    2. Is my employee or client educationally qualified for this specialty occupation?
    To qualify for H-1B visa status, the job must require a US bachelor’s degree or its equivalent or higher to show that the position requires the employee to possess specialized skills and knowledge to carry out successfully. Mid-sized companies in particular are asked to justify why someone with a bachelor’s degree or higher is required for the job, and you need to show this through evidence and documentation. For example, the ad for the job can be used as proof if it indicates that as a minimum qualification the employee must have a bachelor’s degree or higher. You can also show that similar jobs for similar companies also have these specialized requirements. However, if the job requires a generalized degree – even if it is a bachelor’s degree – you may run into problems because a generalized degree does not indicate that specialized knowledge and skills are required. This is where alternative forms of evidence, like expert opinion letters and examples of similar jobs for similar companies come in particular handy. It is on you to prove that you require a highly skilled employee with a specialized knowledge base to successfully carry out the duties of an H-1B job. Say you’ve established that your company absolutely needs an employee with a bachelor’s degree or higher and a specialized knowledge base and skill set to carry out the duties of this H-1B position. NOW you need to show that your H-1B candidate is that employee with the required education and specialized knowledge base and skill set. How do you do this? If your candidate has a bachelor’s degree or higher from a US college or university with a major that is an exact fit for their field of employ, it is straightforward. If your candidate has a degree from a different country or with a major in a different field – even if it’s in a related field – from their field of employ, you will need to take one more step to meet this H-1B requirement. CIS does not accept a three-year degree as the equivalent of a US four-year degree at face value. However, when evaluated for academic course content, an evaluation agency with the authority to convert classroom contact hours into college credit can use this technique to take a close look at your client or employee’s degree and bridge the missing year. An evaluator with the authority to convert years of work experience into college credit can follow the 3-1 rule and convert three years of progressive work experience in the field into one year of college credit. Both of these careful evaluation methods can also be utilized to show specialization in the candidate’s field of employ if they have worked in the field or taken enough classes throughout their college career in that field. Don’t wait until it’s too late to get started on your employee or client’s H-1B petition. This is US immigration, which means it’s a bundle of details and documentation that often takes time and energy to get in order. If your client or employee needs a credential evaluation to show that they meet CIS educational requirements, start looking for the right credential evaluation agency to meet your needs. The right agency should be able to right an evaluation as unique as your client’s education, and they should have a firm understanding of CIS trends and the different academic requirements for different 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, RFE, Denial, or NOID, please go to http://www.ccifree.com or call 800.771.4723.  ]]>

    Scroll to Top