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2017 EB2 Education Trends You Need to Know About

The Degree must EXACTLY fit the job title on the PERM One common mistake in EB2 filing occurs when a candidate’s education does not exactly match the job title on the PERM. In the past, CIS has allowed candidates with degrees in fields related to their job to have their visas approved, but educational standards have tightened. This means if you have, or if your employee or client has a degree in a field that doesn’t exactly fit the field of employ, you cannot simply file as is. EB2 occupations are highly specialized, and you need to clearly show CIS that you have, or your employee or client has the precise skills and knowledge necessary to excel at the job. This means having education specialized to the profession. If this is you situation, or your employee or client’s situation, have a credential evaluator with experience working with EB2 petitions review the education and work experience. With the proper conversions, documentation, and citations, you may be able to get the evaluation needed to account for the proper degree specialization. The Bachelor’s Degree must be a SINGLE SOURCE If the bachelor’s or master’s degree is not an exact match for the job title on the PERM, or if you or your employee or client has a three-year bachelor’s degree, or anything other than a straightforward US education that fits the field of employ, DO NOT file without a credential evaluation. The purpose of this is to explain that the candidate holds the educational value equivalency of the education required by CIS to meet EB2 eligibility requirements. However, this leads into another common problem EB2 candidates face: the bachelor’s degree must be a SINGLE SOURCE. Unlike other visas, you cannot combine work experience and college credit to make the bachelor’s degree or master’s degree equivalency in the correct specialization. However, CIS does accept a work experience conversion of ONLY years of work experience in the field into enough years of college credit to meet CIS requirements for bachelor’s degree equivalency. Talk to a credential evaluator with the authority to convert years of work experience into college credit to see if you have, or your employee or client has the background necessary for this solution. EB2 processing time is years shorter than the time it takes to process EB3 petitions. For this reason, candidates are tempted to try to meet EB2 requirements even if they do not. DO NOT BE TEMPTED BY THIS. It is a waste of time. However, if the EB2 educational requirements can be met, definitely take advantage of this. Before you file, have a credential evaluator with extensive experience working with EB2 cases and EB2 RFEs review your case, or your employee or client’s case and see if you can clearly meet the requirements for this visa. If the education and work experiences fit, congratulations! Go for it. About the Author   Sheila Danzig Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.  ]]>

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2017 H1B Education Trends You Need to Know Before Your File

Three-Year Bachelor’s Degrees CIS has not been approving candidates with three-year bachelor’s degrees, PARTICULARLY the Indian three-year bachelor’s degree. International education experts understand that in most cases the academic content is the same if not greater than a US four-year bachelor’s degree just condensed into three years. CIS still requires the missing fourth year be accounted for, and that’s what really matters in this situation. If you or your employee or client has a three-year bachelor’s degree, DO NOT make the mistake of submitting an H1B petition without making sure the missing fourth year is CLEARLY accounted for. This requires a detailed credential evaluation written by an evaluator with the authority to convert years of work experience into college credit. CIS allows for three years of work experience in the field in which the candidate took on progressively more roles, duties, and responsibilities of increasing complexity to be evaluated as the equivalent of one year of college credit. Talk to a credential evaluator with experience working with H1B cases involving three-year bachelor’s degrees. Degree Specialization does not match the Job Offer In the not-too-distant past, CIS would approve candidates with degrees in fields related to their industry. However, the past six or seven years has shown that CIS will ONLY approve petitions in which the degree specialization exactly matches the job offer, and we don’t predict that this trend will change any time soon. If you or your employee or client has a degree in a major that is different from his or her field of employ, or has a generalized degree, or has an job that doesn’t have many exact majors like Computer Systems Analysis, DO NOT make the mistake of filing with the transcripts alone. The H1B visa is for workers in highly specialized occupations and a highly specialized skill set. If your education or if your employee or client’s education alone does not show that he or she possesses the specialized skills and knowledge necessary for the field of employ, the H1B requirements are not CLEARLY met. This doesn’t mean that the candidate isn’t qualified, especially since the employer clearly seems to think so. What you need to do in this case is send your or your employee or client’s transcripts and work history to a credential evaluator who can write a detailed evaluation that explains the equivalency of your experience, or your employee or client’s experience to a Bachelor’s degree in the right specialization. This means looking at the course content, as well as years of progressive work experience in the field, and writing a thorough evaluation backed by evidence, precedent decisions, and documentation. Degree that Doesn’t Call itself a “Degree” Some certifications from countries outside of the US are the functional equivalent of US bachelor’s degrees. This means that while these degrees don’t call themselves “degrees,” the steps required to earn these certifications are the equivalent of the US academic value of a bachelor’s degree. One such certification is the Indian Chartered Accountancy. While the Canadian Chartered Accountancy and the US CPA are do not contain the steps required for a bachelor’s degree equivalency, the Indian Chartered Accountancy does. If you or your employee or client has a degree that doesn’t call itself a degree like the Indian Chartered Accountancy, DO NOT make the mistake of filing without a credential evaluation that explains the functional equivalency of your education or your employee or client’s education. This is a very detailed process that requires a lot of CIS hand-holding, taking them through the steps of education of the degree step by step. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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Expert Tips for You To Successfully Answer an H1B RFE

  • Don’t expect your RFE to tell you how to answer it.
  • A big mistake candidates and their lawyers make every year is expecting the RFE to be helpful. When you read the RFE, remember that it is a tool CIS uses to weed out petitions. It’s a red flag. There are far too many petitions for the annual H1B visa cap every year and your RFE or your employee or client’s RFE is most likely a documented excuse for denial rather than a tool to help you. Read the RFE, make note of what it’s asking, but don’t get caught up in its wording and specific demands. Remember, some RFEs are virtually impossible to answer based on the directions they provide. This does not mean they’re impossible to answer. You just need to look for the answers in the right places.
    1. Reference and Understand H1B Requirements.
    The initial H1B eligibility requirements are the right place to look for the answers you need to get that RFE overturned. Your RFE, or your employee or client’s RFE was triggered because the evidence provided in the initial petition fell short of clearly proving the initial H1B requirements were met. Find out which requirements CIS is unclear about. When you go over the RFE, first revisit the detailed requirements INCLUDING current CIS educational trends, and then have these requirements on hand while you read through the RFE to discern where evidence was lacking. Then, figure out what documentation you need to fill in the gaps.
    1. Don’t expect to always be able to provide the specific materials the RFE requests.
    You will NOT always be able to get the specific documents CIS requests in the time allotted to answer the RFE. RFEs like The Nightmare are not designed to be answered, they are designed to confuse and justify denying the visa. If you follow the directions in an RFE like this one, you will find yourself out of time, out of money, and nowhere closer to getting your visa, or your employee or client’s visa approved. So don’t expect to in the first place and you will save yourself a whole heap of stress.
    1. Discern what it is CIS really wants to know.
    So you’ve reviewed the initial H1B requirements, you understand that the answer to your RFE does not lie within the RFE itself, and you know that you won’t necessarily be able to provide the exact documentation CIS requests in the RFE. Now it’s time to discern what CIS really wants to know. Sit down together, read the RFE with the initial H1B requirements, and figure out what CIS really wants to know. Where was clarity lacking in the initial petition? In many cases, the shortcomings have to do with CIS approval trends regarding educational equivalencies, or with proving specialization. When you meet with your team, be sure that your team includes a credential evaluator with experience working with H1B RFEs, understands CIS education regulations and approval trends, and has an in-depth understanding of international education. Education requirements and what is and what is not accepted as valid educational equivalencies for H1B visas have changed in recent years, and meeting these requirements can take a creative approach.
    1. MEET THE DEADLINE.
    Don’t miss the deadline. Make sure your RFE answer is filed by the deadline, and includes all of the documentation and evidence you need to strengthen your case, or your employee or client’s case, in order, and easy to read. It is highly unlikely you will get an extension, and missing the deadline will most likely lead to the case getting rejected. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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