One glaring problem in an H-1B petition can quickly escalate into a complex, timely, and costly ordeal.  The Triple Threat RFE can be triggered when USCIS sees one red flag which leads to your petition being scrutinized until every little thing becomes an issue – or in this case wage level, specialty occupation and education. 

Answering a simple RFE is complicated enough given changing USCIS approval trends.  Having to rework three different areas of eligibility in one go can be daunting.  The trick is to rebuild your case from the ground up by going back to the basics.

First, tackle education.  Include a credential evaluation uniquely written for the job, the visa, and the beneficiary’s unique education and work experience.  When choosing the right credential evaluation agency, make sure they are easy to communicate with, and that they ask about all of the factors listed above.  If the job, the visa, the education, AND the work experience are not all taken into account, the evaluation will not properly fill in the gaps between the education the beneficiary has and the educational equivalency that USCIS needs to see to approve the visa.

Second, address specialty occupation and wage level with one expert opinion letter.  This expert must have extensive experience working in the field of the H-1B visa and preferably have held leadership roles in which they made hiring decisions regarding the beneficiary’s occupation and supporting positions.  Provide the expert with the specific duties of the job, the ad for the job showing the advanced degree requirement, and provide a breakdown of the factors that went into setting the wage level including previous employee work experience, prevailing wage data for the field and geographic location, etc.  One expert opinion letter can cover both issues.

At CCI TheDegreePeople.com, every credential evaluation is written to uniquely address the situation.  Every educational pathway is different so there are no cookie cutter solutions to proving academic equivalency.  We work with experts in all H-1B fields to provide expert opinion letters that USCIS will accept, and we offer affordable rush delivery options around the clock.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

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