If the petition process and first round of H1B RFEs aren’t stressful enough here comes round two of RFEs. When CIS finds something wrong with a petition, it opens the floodgates to finding more details out of place that would have otherwise gone unnoticed. The best way to prevent round two of RFEs is to prevent round one by identifying the common RFE triggers inherent to the situation in your case and plan accordingly, but this doesn’t always work.If you or your employee or client is facing down RFE round two, don’t panic. The petition has not been denied, CIS just needs more information to make a decision.The trick with any RFE is not to get caught up in the wording or individual demands, but rather to go back to the basics and see where evidence and analysis is lacking. To qualify for H1B status, the job must be a specialty occupation, which means as an industry standard or a standard hiring practice a minimum of a US bachelor’s degree or higher in the specialization is required for entry into the occupation. The beneficiary must hold a US bachelor’s degree or higher or its acceptable equivalency in the exact field of the specialty occupation. The employer must be economically viable and pay the beneficiary the prevailing wages and benefits for the specialty occupation, and there must be an employer-employee relationship in which the employer can hire, fire, promote, supervise and otherwise control the work the beneficiary does.Read the RFE and identify which of these requirements CIS is having trouble adjudicating. Is it the job? Is it the education? Is it the working conditions? At TheDegreePeople we work with difficult RFEs every year and we know how to identify where cases are lacking in evidence and analysis, and which common RFE traps beneficiaries fall into as CIS approval trends change from year to year. Let us review your case for free before you answer that second round of RFEs. Visit ccifree.com and we will get back to you in 48 hours or less.]]>
visa of dual intent
- Read the RFE, but don’t read into it TOO much.
- Go back to the initial H1B requirements.
- For candidates with foreign degrees, incomplete college or no college degrees, or degrees that do not exactly match the job need a credential evaluation.
- If a credential evaluation is needed, make sure you work with an agency that understands H1B visas.
About the AuthorSheila DanzigSheila 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. ]]>
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:
- Is the job itself a specialty occupation?
- Is my employee or client educationally qualified for this specialty occupation?