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3 Insider Tips to Answering Difficult H-1B RFEs

Jan 19, 2021

When USCIS finds one problem with an H-1B RFE, they tend to find more because it triggers a scrutiny of the case.  In recent years, difficult RFEs that raise two or more issues have become more and more common, including the Triple Threat RFE and the classic Nightmare RFE.  These RFEs are virtually impossible to […]

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What Goes into the RIGHT Expert Opinion Letter?

Jan 14, 2021

Expert opinion letters have proven the most effective strategy to prevent and answer specialty occupation and wage level H-1B RFEs.  However, USCIS will not accept just any expert opinion letter as credible.  What goes into the RIGHT expert opinion letter requires the right kind of expert and as much information as the petitioner can provide […]

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Two Changes for 2021 Cap-Subject H-1B Filing Season You Need to Know About

Jan 8, 2021

Last year, USCIS introduced the electronic filing process where H-1B petitioners file a short, electronic application with basic information about the business and the beneficiaries along with a $10 fee.  If selected, the petitioner would have 90 days to complete and submit the full petition.  This process will continue this year and expected to be […]

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How to Prevent Difficult RFEs this H-1B Filing Season

Dec 29, 2020

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 […]

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3 H-1B Circumstances that REQUIRE a Credential Evaluation

Dec 22, 2020

The easiest way to address an education RFE is to avoid one in the first place.  If you are, or if your employee or client is applying for H-1B visa status, here are three circumstances in which an credential evaluation is essential to preempt any education issues on the road to visa approval: 1. Three-Year […]

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US District Court Upholds STEM OPT Extension Program

Dec 15, 2020

US District Court Judge Reggie B. Walton upheld the STEM OPT program by the Department of Homeland Security in a lawsuit brought against the department by the Washington Alliance of Technology Workers.  This ruling upheld that foreign graduates of accredited US academic institutions with STEM degrees work in the United States for up to three […]

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RFE Alert: The Nightmare of all Nightmares!

Dec 2, 2020

Every year, USCIS rolls out more monster RFEs that are impossible to answer by their own guidelines.  This includes the Nightmare RFE that has everything and its mailman in it and the Triple Threat RFE that calls wage level, specialty occupation, and education into question.  What happens when these two are wrapped up in one? […]

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New DHS Proposed Rule to Do Away with Random H-1B Lottery

Nov 26, 2020

When the number of cap-subject H-1B petitions exceeds the allotted 65,000 annual H-1B visas and additional 20,000 visas for beneficiaries with master’s degrees or higher, USCIS has a randomized lottery to select which petitions will be processed.  Like last year, electronic registration will be the first step, and then those selected will be asked to […]

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How to Answer the Triple Threat RFE in Two Steps

Nov 19, 2020

When USCIS finds one red flag in a petition, that triggers a scrutiny of the entire case which can lead to RFEs that are very difficult to answer.  The Triple Threat RFE can be triggered by wage level specialty occupation, or education issues, and escalates to a monster RFE that calls all three into question. […]

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