Sheila Danzig

In recent years, computer programmers applying for H-1B visa status have run into approval issues.  This is because the position’s entry in the Department of Labor’s Occupational Outlook Handbook states that to be employed in this position the applicant must hold an Associate’s Degree, rather than a Bachelor’s Degree, even though a Bachelor’s Degree educational requirement is the norm.  While H-1B eligibility requirements state the job must NORMALLY require a US Bachelor’s Degree or higher, USCIS has been adjudicating the exception as the norm, requiring a position to ALWAYS require a Bachelor’s Degree for entry.

This is a common occupation for H-1B beneficiaries, they now consistently run into Specialty Occupation RFEs instead of outright approval.  We often get clients coming to us with these RFEs, and we are able to get them overturned with an over 90 percent success rate.

Here’s how we do it:

We work with experts in every H-1B field who have extensive experience working directly in the field of the H-1B job.  These experts have held leadership positions within the field that involved making hiring decisions regarding the H-1B position in question.  They are able to lend informed weight to the case because they know what knowledge and skills an employee must have to be successful at the job, and to successfully support the company.  We ask our clients to gather documentation including a breakdown of the duties and responsibilities of the job, evidence of past hiring practices regarding minimum education requirements, the ad for the job, and ads for the same job in parallel companies that show the minimum education requirement.  Anything that can be used to justify the specialization of this position is helpful.  In addition to this evidence and documentation, the expert will use what is provided in addition to their own expertise to write an opinion letter that explains why this job meets specialty occupation requirements.

Don’t wait to get a Specialty Occupation RFE to address this common issue.  Our clients who come to us BEFORE they file for an expert opinion letter DO NOT receive Specialty Occupation RFES: their visas are approved outright.  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.

The first of FY2024 is coming up fast, and that means the last rounds of RFEs are in full swing.  Education RFEs are common hangups for H-1B candidates because pathways through education are as varied as there are beneficiaries.  One education issue that may seem insurmountable is when a beneficiary has absolutely no college education.  A minimum US bachelor’s degree or its equivalent is required for eligibility.  Our client came to us with no college, a job offer, and an education RFE.  He had been hired because his skill and experience were undeniable.  While his employer didn’t need any more convincing, USCIS did.

Here’s how we helped him overturn this RFE: PROGRESSIVE WORK EXPERIENCE!

At CCI TheDegreePeople.com we work with professors authorized to grant college credit for work experience.  They assist in writing credential evaluations that clearly show the academic value equivalent of education attained on the job.  Progressive work experience occurs when attainment of skills and knowledge that would be taught in an academic setting occurred on the job.  This is evidenced by promotions, taking on more responsibility, and taking on roles and tasks that require progressively greater specialized skills and understanding. 

USCIS accepts that three years of progressive work experience is the equivalent of one year of college credit in that major.  Granted, this takes a LOT of work experience.  Fortunately, our client had twelve years of progressive work experience in the field of the H-1B job.  We were able to write a credential evaluation that included a work experience conversion clearly showing that he had attained the academic value equivalency of a bachelor’s degree on the job through his 12 years of progressive work experience.  His visa was approved and he got to work just in time.

If you, or if your employee or client is facing an education RFE, we can help! We work with the broad range of education issues and boast a sustained over 90% success rate in answering even the most complex RFEs.  We offer affordable rush delivery options, which we recommend as we approach the start of FY2024.  It’s time to crush those RFEs and get to work on time. 

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.

Specialty Occupation RFES have become a perennial issue facing H-1B applicants.  At CCI TheDegreePeople.com, we answer these RFEs with an expert opinion letter written by an expert in the field of the H-1B job with extensive experience working in the field including making hiring decisions regarding the H-1B position.  We ask our clients to provide the expert with documentation regarding the position, past hiring practices, hiring practices for the same position in different companies, and a list of the factors that went into setting the starting wage.  Given this information, our experts have been able to write expert opinion letters that answer specialty occupation RFEs, wage level RFEs, and Double RFEs which take issue with both eligibility areas.

Following the first year of widespread specialty occupation issues, we started implementing our successful strategy to prevent Specialty Occupation RFEs.  Instead of waiting for USCIS to take issue with the job, we provide an expert opinion letter addressing both specialty occupation and wage level issues right away with the initial petition.  It works! 

Whether you have received a Specialty Occupation RFE or have yet to submit a complete petition, we can help.  Some cases are more vulnerable to these issues than others, and every situation requires its own unique approach.

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.

The secret is out.  Career and vocational colleges offer an affordable alternative to four-year universities and colleges.  These educational paths also offer a streamlined education to employment pipeline, with instructors who are also field professionals and skills training directly applicable to the workforce students will soon enter.  It’s not just US nationals who are making the educational shift.

20 percent of all international students in the United States attend career and vocational colleges, as of the 2022 school year.  An additional benefit for international students is the quick transition from school to workforce, which aligns with visa requirements to stay in the country.  These schools also carry less stringent US language requirements and accommodate nontraditional schedules.

The main problem international students run into when it comes to career and vocational college enrollment is the enrollment process itself.  While traditional four-year colleges and universities have departments dedicated to helping international students navigate admissions requirements and procedures, career and vocational colleges still largely lack these resources.  CCI TheDegreePeople.com conducted an informal online survey that discovered international students continue to face hurdles in navigating admissions for career and vocational colleges in the United States, even though the rate of enrollment continues to grow.

What do international students need to qualify?

The short answer is a high school diploma or GED.  The long answer is it depends on the structure of the educational system of the country of origin.  For some countries, this is a secondary education certificate or passing a government mandated exam.  In every case, international students have to explain the value of their foreign education in terms of US academic value as part of the admissions process to show the equivalency of a US high school diploma or GED.  This can get confusing, especially in tandem with cultural and language barriers.

“I founded this business to help those born outside of the US get educated here.  I am a first generation American and big supporter of the career and vocational college experience. It was my mother’s dream,” Sheila Danzig, founder and director of CCI TheDegreePeople.com, a premier credential evaluating agency explains. 

International students need to provide credential evaluations of their foreign secondary education credentials or government exam results.  CCI TheDegreePeople.com evaluates each credential uniquely to clearly show admissions departments the academic value of foreign secondary education credentials in terms of US academic value to prove admissions eligibility for career and vocational colleges.  This evaluation is delivered in the form of a PDF directly to the college official handling international student admissions, and offers no charge rush delivery options.  As international student body admissions grow in these institutions, they face a learning curve that requires guidance.  In addition to providing evaluations, CCI TheDegreePeople.com works directly with admissions departments, being available to answer questions, provide guidance, and troubleshoot. 

“We understand the vital role career and community colleges play in the US education system,” says Danzig.  “Many schools have told us that their international student enrollment has grown because CCI has made the admission process student friendly.”

For more information on how CCI TheDegreePeople.com can improve the admissions process for your international students contact Shelia Danzig via email at [email protected] or at 1.800.771.4723.

On May 3, 2023, Utah State Law SB35 took effect, giving foreign professionals who have earned a range of professional licenses outside of the United States the opportunity to be licensed and practice in the State.  This prevents internationally trained professionals from having to jump through regulatory hoops, repeat education and professional training, take redundant tests, and pay all associated fees and costs to practice.  For professions with license portability between states, this presents an opportunity even for those living outside of Utah.  In fact, applicants do not have to live in Utah to apply for licensure through this internationally-trained applicant legislation.

To qualify, applicants must demonstrate lawful presence in the United States, and carry a foreign license in one of the following eligible professions:

• Accountancy
• Acupuncture
• Architect
• Athlete Agent
• Athletic Trainer
• Audiology
• Building Inspector
• Burglar Alarm
• Certified Dietician
• Certified Nurse Midwife
• Chiropractic Physician
• Clinical Mental Health Counseling
• Contracting
• Controlled Substance
• Controlled Substance Database
• Controlled Substance Precursor
• Cosmetology
• Court Reporting
• Deception Detection
• Dentistry
• Direct-Entry Midwife
• Electrical
• Elevator Mechanic
• Engineering
• Environmental Health Science
• Factory Built Housing
• Funeral Service
• Genetic Counseling
• Geology
• Handyman
• Health Facility Administrator
• Hearing Instrument Specialist
• Hunting Guide/Outfitter
• Interior Design
• Landscape Architecture
• Land Surveying
• Massage Therapy
• Marriage and Family Therapy
• Medical Language Interpreter
• Music Therapy
• Naturopathy
• Nursing
• Occupational Therapy
• Online Prescribing
• Optometry
• Osteopathic Physician and Surgeon
• Pharmacy
• Physical Therapy
• Physician and Surgeon
• Physician Assistant
• Plumbing
• Podiatry
• Private Probation Provider
• Psychology
• Radiologic Technology
• Recreational Therapy
• Residence Lien Recovery Fund
• Respiratory Care
• Securities Companies and Guards
• Social Work
• Speech-Language Pathology and Audiology
• Substance Use Disorder Counseling
• Uniform Building Codes
• Veterinary
• Vocational Rehabilitation Counseling

It is of note that a professional licenses is NOT a work permit.  While this legislation legally permits successful applications to practice in that profession, a work permit is also needed to work legally in the United States.  That means applicants still must obtain H-1B, Green Card, or other work permit status.

Over the next few years, we hope to see more states adopt similar legislation to address skilled worker shortages, strengthen professional industries, and remove redundancy barriers to work.

Sheila Danzig

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

Every year, qualified H-1B beneficiaries with Three-Year Bachelor’s degrees from India are hit with education RFEs.  USCIS requires that H-1B beneficiaries hold a US Bachelor’s degree or higher, which typically takes four years to complete.  While the Indian Three-Year Bachelor’s degree has the same or greater classroom contact hours as the US Four-Year Bachelor’s degree, USCIS is hung up on the missing fourth year.

A 2022 client of ours exemplified this situation.  He came to us with an RFE for education even though he had a Bachelor’s degree in the exact field of his H-1B job.  The problem was, the degree was a Three-Year degree earned in India.  We got the RFE overturned.  Here’s how:

We asked about his past work experience.  USCIS accepts that three years of progressive work experience in the field of the H-1B job is the equivalency of one year of college credit in that major, so long as a professor with the authority to grant college credit for work experience writes the work experience conversion as part of a credential evaluation.  Progressive work experience is a period of employment in which education occurred on the job as evidenced by increased complexity and responsibility of work over the course of employment.  Our client worked for three years in the field for the same employer, and over the course of his employment was promoted twice.  This clearly showed that over the course of employment, he gained field-specific skills and knowledge.

One of our staff professors wrote the work experience conversion as part of a detailed credential evaluation that clearly showed USCIS that our client had the equivalency of a US Four-Year Bachelor’s degree.  The missing fourth year was accounted for with three years of progressive work experience as detailed in the evaluation.  Our client submitted the credential evaluation with his RFE response, the RFE was overturned, and he got right to work on October 1^st.

If you, or if your employee or client has received an education RFE for a Three-Year Bachelor’s degree, or any other reason, we can help.  Visit www.ccifree.com for a free review of your case.  We will respond in four hours or less.

Sheila Danzig

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

There are many educational pathways that lead to skill attainment.  Some of them are entirely academic. Some begin in college and then end in the workplace rather than with degree completion.  Some are entirely experiential.  However, USCIS needs to see the US academic equivalency to circuitous educational journeys.

Last year, an H-1B beneficiary came to us with an education RFE for incomplete college.  They had the skills and understanding required for their specialty occupation, as evidenced by past work experience in the field.  While working in the field of the H-1B job, they had been promoted twice, showing applicable development of skill and understanding through the course of employment.  However, USCIS requires an H-1B beneficiary to hold a US bachelor’s degree or higher in the exact field of the H-1B job.  While our client had three years of college in an accredited institution in the United States and three years of progressive work experience, not having a full degree led to approval issues.

Here’s how we successfully got the RFE overturned:

We wrote a credential evaluation that took our client’s entire situation into account: the H-1B job, the education, the work experience, and USCIS approval trends (which we always keep an eye on).  Leveraging the three years of college credit, highlighting course content directly applicable to the field of the H-1B job, and including a work experience conversion, we were able to show USCIS that our client had the equivalency of a bachelor’s degree in the field of the H-1B job in terms of US academic value.

The work experience conversion was the key component to visa approval.  At CCI TheDegreePeople.com we work with professors authorized to grant college credit for work experience.  USCIS accepts that three years of progressive experience in a field is the equivalent of one year of college credit in that major.  The professor authorized this work experience conversion, which was included in the credential evaluation, showing that the education which occurred on the job – as evidenced by promotions – served as the equivalent of the missing fourth year of college credit.

This conversion can also work for three-year bachelor’s degrees, which are notorious for causing education issues for H-1B beneficiaries. 

If you, or if your employee or client has incomplete college, missing college, or a three-year bachelor’s degree, we recommend including a credential evaluation with a work experience conversion.  We can help.

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

Sheila Danzig

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

The most common RFE reported by H-1B applicants has been Specialty Occupation issues.  However, this issue often arrives in tandem with Wage Level issues, creating the Double RFE.  Applicants for computer programmer jobs, entry level positions, and those making level one wages are at highest risk of this complex RFE.

Here’s how it works:

USCIS has been adjudicating the exception as the norm when it comes to positions that normally but do not always require a bachelor’s degree minimum for entry into a position.  This is often the case for entry level positions, including computer programmer, which is a common H-1B occupation.  USCIS will take issue with Specialty Occupation.  Then, if the position is set at level one wages, they will claim that if the position is not entry level, the beneficiary is not making the prevailing wage for the job.  However, if the position is entry level, there is a Specialty Occupation issue.  And around it goes.

Here’s how we helped our client in this situation answer this RFE:

We proved that the position is not entry level, and so it did require a bachelor’s degree or higher EVERY time.  Then, we showed USCIS the factors that went into setting the wage level.  The beneficiary had the advanced degree, but no work experience in the field and therefore required a high level of supervision to start and thus a lower starting wage.  We did this by guiding our client to provide evidence and documentation about the position for this company, and for parallel jobs in similar companies, as well as past employer hiring practices clearly showing the bachelor’s degree requirement.  We also did this by guiding our client to document the factors of setting the wage level appropriately.  Then, we tied it all together by providing our client an expert opinion letter written by an expert with extensive experience working in the field of the H-1B job.  This letter analyzed the evidence and documentation presented, and leant weight to its conclusions that the eligibility requirements were met, covering both Specialty Occupation and Wage Level topic areas.

If you, or if your employee or client is facing a Double RFE, we can help!  Visit www.ccifree.com for a free review of your case.  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.

Complex RFEs occur when USCIS finds one red flag in an H-1B petition, triggering a deeper scrutiny of the case.  This is when the chaos of USCIS approval trends kicks in and wreaks havoc on an otherwise unremarkable petition.  Instead of approval, or even a simple RFE, applicants are met with an RFE that calls multiple eligibility issues into question, sometimes becoming so complex that the request is virtually impossible to answer in the given timeframe by its own instructions.

Common complex RFEs:

• The Double – this one takes issue with Specialty Occupation and Wage Level
• The Triple – this one takes issue with Specialty Occupation, Wage Level, and Education
• The Nightmare – also known as the Kitchen Sink, this RFE takes issue with everything you can possibly imagine.

The best way to answer complex RFEs is to read through it with your team, identify which eligibility areas it takes issue with, and then put it down.  Go to the petition and see where the case needs strengthening to clearly meet H-1B eligibility requirements.

For Specialty Occupation and Wage Level issues, the best practice is to include an expert opinion letter that covers both eligibility areas.  For education issues, include a credential evaluation that clearly explains that the beneficiary has the US academic value equivalent of a US bachelor’s degree or higher in the exact field of the H-1B job.  For employer-employee relationship issues, include an itinerary of the work to be performed for the duration of the visa period, including customer or client contact information and explanation of how the employer will continue to control the employee’s work offsite.  Additional evidence and documentation will need to be identified and included to build the strongest response possible. 

An RFE is not the best news, but it is NOT a denial.  It is an opportunity to strengthen your case.  We can help.  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.

This is the second year of USCIS’ new two-step H-1B visa application process, and USCIS discovered a major issue.  Over 400 duplicate registrations were discovered in this year’s H-1B lottery.  This is when multiple employers file H-1B registrations for the same beneficiary for the same position.  In some cases, companies worked together to improve the chances that the beneficiary will be selected.  In consequence, while in normal years 20-30% of registrations are selected in the H-1B lottery, only 7% were selected this year. 

USCIS has been issuing “Collusion” RFEs in these scenarios.  This was an issue in last year’s cycle, so USCIS required the inclusion of an attestation: “I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted have not worked with, or agreed to work with another registrant, petitioner, agent or other individual or entity to submit a registration to unfairly increase the chances of selection for the beneficiary or beneficiaries in this submission.”

When an employer makes this certification, if they have colluded with other organizations, they have committed perjury.  This will result in the petition being rejected and possible further legal consequences.  Unfortunately, it is surprisingly easy for it to appear that a petitioner has engaged in collusion even when they did not.  Here are the reasons why:

• H-1B beneficiaries CAN file multiple petitions for different employers.  Beneficiaries are allowed to seek out employers and employers can seek out and file petitions independently. 
• Often multiple employers receive resumes from recruiting companies and choose to hire the same people. 
• If an individual owns multiple companies, each company can file a petition for a single beneficiary so long as the jobs are not duplicated. 

These are all perfectly legal situations that can appear to USCIS as collusion, especially in the case of the individual that owns multiple companies.  This is because these companies may share office space, bank accounts, and have contracts with each other; all of these are red flags of collusion.  However, USCIS does not investigate to determine whether collusion actually occurred.  The burden to prove that collusion did not occur lands on the petitioner.  This trick is to prove that the registration is linked to a legitimate, unique job offer.

Duplicate petitions were so widespread in this year’s cap-subject H-1B filing season that there is a high likelihood of a second lottery.  That means if your registration was not selected in the first round, you may still get the opportunity to file a complete petition.  Remember, all requirements must be met in the complete petition submission, which is where the anti-collusion attestation occurs.  That means it is time to solidify evidence and documentation regarding the job offer and shore up documentation regarding recruitment and hiring to show that the petitioner did not collude before you file.  We can help!

Before you file, visit www.ccifree.com for a free review of your case.  We will respond in four hours or less.

Sheila Danzig

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