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3 Tips to Answering the Double Specialty Occupation and Wage Level H1B RFE

Credential Evaluation, immigration, Visa Approvals

  • The job in question must require a US bachelor’s degree or higher or its equivalent to meet specialization requirements.
  • The employer must pay the H1B employee the prevailing wage for that position, in that industry, in that geographical location for companies of that size.
    • This double RFE occurs when CIS believes a wage level is set too low for the job in question. Then, it goes a step further, reasoning that if the wage level is set below the prevailing wage, the job must not actually be as specialized as it needs to be for visa approval. For example, computer programmers making level 1 wages ran into trouble last year because the US Department of Labor’s Occupational Outlook Handbook states entry level computer programmers are sometimes hired with only a US associate’s degree. They reasoned that because of this, the job computer programmer at level 1 wages did not meet the H1B specialization requirement of needing a US bachelor’s degree or higher or its equivalent as a minimum for entry into the position. Either that, or the wage level is set too low. While this job in particular was the target of an unprecedented number of double RFEs last year, it wasn’t the only position called into question using this justification. There are two problems with CIS’ reasoning with this RFE.
    1. If most employers require a minimum of a US bachelor’s degree or its equivalent for entry into the position, this ought to be seen as an industry standard even though some employers don’t have this hiring practice.
    2. There are many factors that go into determining the wage level of a job. The fact that a job is set at level 1 wages doesn’t mean it’s necessarily an entry level position.
    How can you answer the Specialty Occupation and Wage Level Double RFE?
    1. Avoid it in the first place. If a job can be set at a higher wage level that better fits the position in the Occupational Outlook Handbook that meets H1B requirements, go with that. It’s also a good idea to provide extra documentation explaining the duties of the job, the level of supervision and training required, and the factors that went into determining the wage level.
    2. Include an expert opinion letter in your RFE response.Your additional evidence needs to include an expert opinion letter that explains why the wage level and the job meet H1B requirements to strengthen your case, give it more legitimacy, and clearly explain to CIS what’s really going on.
    3. Just ONE letter to cover both issues.You only need to order one expert opinion letter to answer this RFE, even though there are two issues. Just one letter can cover both topics, and should because these issues are inextricably linked in this RFE.
    At TheDegreePeople, we have experts on hand 24/7 with the highest rate of getting these RFEs overturned ready to write the letter you, or your employee or client needs to get that double RFE overturned. For a free review of your case and consultation, visit ccifree.com and we will get back to you in 48 hours or less.]]>

    Does the Beneficiary Meet H-1B Education Requirements?

    Credential Evaluation, Visa Approvals

  • The beneficiary has been hired for a specialty occupation.
  • The beneficiary holds a US bachelor’s degree or higher or its equivalent.
  • That degree is in the field of the specialty occupation.
    • To show that you, or your employee or client has secured a position in a specialty occupation, you must provide documentation that this job – as well as similar jobs for similar companies in the industry – requires an advanced degree to perform. You can do this by submitting a copy of the ad for the job that spells out its minimum requirements, as well as ads for similar job as discussed earlier. If this particular job requires a more specialized skill set than is typical for this position, include an expert opinion letter stating why this is so. Once you have established that your job, or your employee or client’s job is a specialty occupation, you need to find out whether they have the correct degree. If your job, or your employee or client’s job requires a minimum of a US bachelor’s degree, you, or your employee or client must hold a US bachelor’s degree. Since many H-1B beneficiaries earned their degrees outside of the United States, you will need to submit a credential evaluation along with the transcripts. Some countries have three-year bachelor’s degree structures where academic content is condensed. Some countries have degrees that do not call themselves degrees but are evaluated to be the equivalent of post-secondary education in the United States. One such example is the Indian Chartered Accountancy certificate, which is the functional equivalent of a US bachelor’s degree in accounting. Some beneficiaries who went to school in the United States never completed a degree but have the skills and knowledge necessary to perform specialized job duties. All of these situations require a careful evaluation that takes detailed account of your coursework, or your employee or client’s coursework, as well as work experience in the field. Missing years – whether they be from incomplete education or condensed education from abroad – can be accounted for by converting years of progressive work experience into years of college credit using a three years of work to one year of college credit ratio. Second, your degree, or your employee or client’s degree must be a match for the field of employ. While employers will hire candidates who hold degrees in related fields because there is enough skill and knowledge overlap, particularly if they have worked in the exact field they have been hired to, CIS will not approve their visas. This is a recent CIS trend, one that does not look like it will go away any time soon. If you, or your employee or client has the right degree in the wrong field – or in a generalized field – talk to a credential evaluator. An evaluation that takes a close look at the course content of your, your employee or your client’s education and their work experience is needed to write the equivalencies that convert years of work experience in the field into college credit in that specialization, and also count course credits earned in that field towards that specialization as well. Sometimes, your education, or your employee or client’s education will not meet the requirements of an H-1B visa. This is best to find out BEFORE you file. While the H-1B visa has very strong benefits, if it is the wrong visa it is not worth taking the time and money to petition for it. There may be another work visa that better suits the particular job and education. However, if you or your employee or client received an RFE regarding the job or education, sit down with a credential evaluator and go over your, or your employee or client’s education and work history. Find out if the gaps in your degree or your employee or client’s degree can be filled in with course content and work experience. 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.        ]]>

    H1B Educational Requirements Your Client Needs to Know About to Avoid an RFE

    Credential Evaluation, immigration, Visa Approvals

    Candidate’s Degree Must be a US Bachelor’s Degree or Its Equivalent This requirement is not as straightforward as it sounds. If your client has a four-year Bachelor’s degree from a US college or university, go ahead and file. All other degrees need to be reviewed by a credential evaluator. Foreign degrees need a credential evaluation because educational systems vary from country to country, and the academic value of a bachelor’s degree from one place does not necessarily equate because it’s called a bachelor’s degree. In the same way, a foreign certification or licensure may actually be the equivalent of a US bachelor’s degree even though it doesn’t call itself a degree. For example, one situation that triggers a lot of RFE’s is when a candidate has an Indian Chartered Accountancy certification. This is actually the equivalent of a US Bachelor’s degree in accounting, but the same certification in Canada is not. The Canadian Chartered Accountancy certification is a professional license, but not post-secondary education. See how this gets confusing? A credential evaluator can make the necessary equivalency determinations about your client’s education, explain how the equivalency works, and back up with equivalency with evidence. Four Years of Post-Secondary Education Matter If your client has a three-year bachelor’s degree – ESPECIALLY if it’s an Indian three-year degree – their education is likely to trigger an RFE if it is not handled correctly. CIS trends require focus on longevity rather than academic content when it comes to years of college or university, so it is you and your client’s responsibility to show that academic content and progressive work experience comprise a fourth year of college credit. How can you do this? There are two options that we have seen work almost every time when it comes to the H1B visa. An evaluator can convert years of progressive work experience into college credit. Progressive experience means that your client’s job required them to expand their knowledgebase and skillset, and take on increasing amounts of work and responsibility. Three years of this nature of work can be converted into one year of college credit. Never submit an H1B petition without an evaluation that accounts for the missing fourth year. Degree Must Be Specialized and Exactly Matching Candidate’s Job This is a relatively new requirement that takes many H1B candidates, their employers, and their lawyers by surprise. While it’s common for an employer to hire a candidate with a degree in a field related to the job, CIS will not approve their visa. In the past six or seven years, CIS trends have changed regarding this requirement. In the past, a candidate with a degree in a related field would have the petition approved, now instead they receive an RFE. Your client’s degree major must be an exact match for their field of employ. At the same time, because H1B requirements indicate the job must require specialized knowledge and skills to carry out its duties, candidates with generalized degrees are also running into this problem. If your client is in a mismatched degree situation, your client needs to prove that she does possess the specialized skills and knowledge required to be successful at her job even if it is not directly reflected in her college major. The way to do this is to prove equivalence to a US bachelor’s degree in her field of employ with a credential evaluation. The way this works is an evaluator can convert years of progressive work experience in her field of employ into college credit hours in that major track with the three years of work to one year of college credit conversion. The evaluation must show that your client has the equivalent of a US four-year bachelor’s degree with the bulk to the equated credit hours in their field. This requires a detailed evaluation with a credential evaluator familiar with CIS educational requirements, as well as precedents of what they will accept and what they will not accept. If your client as anything but a straightforward US four-year bachelor’s degree, have their education reviewed by a credential evaluator to see what you need to do to avoid an RFE. 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.]]>

    The Top 3 Reasons for Education H1-B RFEs

    Credential Evaluation, Visa Approvals

    http://discuss.ilw.com/content.php?4449-Article-You-Can-Beat-The-Nightmare-RFE-for-H1B-By-Sheila-Danzig. You CAN beat the “Nightmare” RFE, but why do it if you don’t have to? Don’t risk this “Nightmare” scenario. Get your credentials evaluated by an evaluation agency with the authority to convert work experience in your field of employ into college credit. Some agencies simply do not write these kinds of evaluations. When you talk to them on the phone, tell them that you need an education evaluation for an H1-B Visa petition. If they don’t ask about your job offer, look elsewhere. You need an evaluator knowledgeable about international education as well as CIS trends. 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.]]>

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