To effectively prevent and overturn H1B, EB2, and EB3 RFEs and denials due to wrong degree specialization, a comprehensive and proactive approach is essential. This expanded strategy includes understanding the common reasons for RFEs and denials, ensuring job-specialization alignment, and preparing a robust response in case of an RFE.
1. Understanding Common RFE and Denial Reasons:
It’s critical to recognize why RFEs and denials occur. The most frequent reason for H-1B RFEs is the failure to establish that the job qualifies as a specialty occupation, especially when job duties do not appear specialized enough to require a specific degree or when the applicant’s degree field does not align closely with the role.
2. Ensuring Job-Specialization Alignment:
USCIS has specific requirements regarding degree and job alignment. For instance, if an applicant has a degree in economics but the job offer is in accountancy, this discrepancy often raises a red flag. USCIS looks for a direct correlation between the degree and the job’s specialty nature. A generalized degree without specialized experience is often deemed insufficient for qualifying as a specialty occupation.
3. Credential Evaluation for Degree-Job Alignment:
To bridge the gap between a candidate’s degree and job specialization, a credential evaluation is necessary. This evaluation should be conducted by a qualified professor who can convert years of relevant work experience into college credit, thus aligning the degree with the job requirements. This process involves demonstrating how the candidate’s work experience, in conjunction with their education, has provided them with the specialized skills and knowledge necessary for the H1B job.
4. Responding to RFEs:
In case of an RFE, it’s important to revisit the original H1B requirements and understand the underlying questions USCIS is seeking to address. This involves providing evidence that the job is a specialty occupation, the candidate holds the required degree in the relevant field, and the employer-employee relationship meets the standards.
5. Proactive Measures:
Employers and applicants should be proactive in addressing potential issues before they arise. This includes ensuring that the job description, candidate’s qualifications, and the credential evaluation are well-aligned and documented. Taking these steps can make the decision easier for USCIS and increase the chances of visa approval.
In summary, preventing and overturning RFEs and denials for H1B, EB2, and EB3 visas due to wrong degree specialization requires a detailed understanding of USCIS requirements, ensuring a strong correlation between the degree and job specialization, and being prepared with a thorough response in case of an RFE. By following these guidelines and taking proactive measures, applicants and employers can significantly enhance their prospects of successful visa approval.
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Sheila Danzig
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.