With new rules going into effect that may or may not last until the H-1B cap-subject filing season, it is more important than ever for H-1B applicants to take precautionary measures to prevent RFEs.
Over the past few years, we have seen up to three rounds of RFEs before visa approval. This has caused H-1B employees to miss their work start dates and delay the sponsor’s workflow. To prevent this, it is essential to make sure it is absolutely clear to USCIS that the beneficiary, the job, the education, and the terms of employment are in strict alignment with H-1B eligibility requirements.
Include an expert opinion letter.
An expert opinion letter written by a professional with extensive experience working in the field of the H-1B job and making hiring decisions can fortify wage level and specialty occupation aspects of the case. It is essential to explain why the wage level is set appropriately, and why the H-1B job meets specialty occupation requirements – meaning a minimum of a US bachelor’s degree is required for entry into the position.
Include a credential evaluation.
If the beneficiary’s degree was earned outside of the United States – especially if it is a three-year bachelor’s degree – you will need to include a credential evaluation to translate its academic value into US educational standards. If the degree is in a major that is not an EXACT match for the H-1B job, a credential evaluation that shows the beneficiary has the educational experience equivalent of the needed degree in the exact field of the H-1B job is needed. If the beneficiary has no college, incomplete college, or a degree from an unaccredited institution, a credential evaluation is needed to convert years of progressive work experience into years of college credit in the major of the H-1B job.
Include a complete itinerary of the work to be performed for the duration of the visa.
H-1B employees who will be working at third-party worksites or working for a consulting firm will need to show that there will be work throughout the visa duration, and that the employer will be able to control this work. Include a schedule of the work to be performed, along with client names and contact information. Include a copy of the employee contract along with an explanation of how the employer will control the work of the H-1B employee even when working offsite.
When USCIS finds one problem with a case, they tend to find more which snowballs into difficult RFEs that are virtually impossible to answer by their own guidelines. At CCI TheDegreePeople.com we work with difficult RFEs every year. We know what triggers them, and we know how to prevent them. Let us look at your case before you file to fill in any gaps between the petition and visa approval.
For a free review of your case visit www.ccifree.com. We will respond in 4 hours or less.
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.