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A Comprehensive Overview of the I-140 Petition: Expertise from Sheila Danzig

The I-140 Immigrant Petition for Alien Workers is an essential procedure for foreign nationals aiming to secure employment-based permanent residency in the United States. This petition enables U.S. employers to sponsor foreign workers for green cards under various employment-based categories, ensuring that businesses can access the global talent they require.

Principal Employment-Based Categories
The I-140 petition includes several key employment-based categories:

  • EB-1: Extraordinary Ability, Outstanding Professors/Researchers, and Multinational Managers
      – This category is for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics.
      – It also includes outstanding professors and researchers.
      – Additionally, it covers executives and managers of multinational corporations.
  • EB-2: Advanced Degrees and Exceptional Ability
      – This category is suitable for professionals holding advanced degrees or their equivalent.
      – It also includes individuals with exceptional ability in the sciences, arts, or business.
      – The National Interest Waiver (NIW) is available for those whose work significantly benefits the United States.
  • EB-3: Skilled Workers, Professionals, and Other Workers
      – This category includes skilled workers with at least two years of training or experience.
      – It also encompasses professionals with a bachelor’s degree.
      – Unskilled workers are included in this category as well.

The Petition Procedure
The I-140 petition process involves several steps:

  • Labor Certification (PERM)
      – This step is required for most EB-2 and EB-3 categories.
      – The employer must demonstrate that no qualified U.S. workers are available for the position.
  • Filing the I-140 Petition
      – The employer submits Form I-140 along with evidence of the employee’s qualifications.
      – Processing times can vary depending on the service center and specific employment category.
  • Premium Processing
      – For an additional fee, premium processing provides a decision within 15 calendar days.

Sheila Danzig’s Proficiency
Sheila Danzig, the owner of TheDegreePeople.com and director of Career Consulting International (CCI), is a leading expert in credential evaluations and immigration matters. Her vast experience with I-140 petitions, particularly in verifying educational and professional qualifications, makes her an invaluable resource for employers and foreign workers navigating the U.S. immigration system.

  • Thorough Knowledge
      – Sheila’s extensive expertise ensures all aspects of the I-140 petition are comprehensively addressed.
  • Credential Evaluation
      – Her team provides precise and detailed evaluations to meet USCIS requirements.
  • RFE Resolution
      – Sheila has a proven track record in successfully overcoming Requests for Evidence (RFEs) and other immigration challenges.

Why Opt for Sheila Danzig?
Selecting Sheila Danzig for your I-140 petition needs ensures a personalized service tailored to each client’s unique requirements. Her expertise streamlines the petition process and significantly increases the likelihood of a favorable outcome. Sheila’s dedication to her clients and deep understanding of immigration policies make her an essential partner for those pursuing employment-based permanent residency in the United States.

For further information on I-140 petitions and how Sheila Danzig can assist you, visit TheDegreePeople.com. Her commitment to excellence and client-focused approach will guide you confidently through the complexities of the U.S. immigration process.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

A Comprehensive Overview of the I-140 Petition: Expertise from Sheila Danzig Read More »

4 Problematic RFEs Sheila Danzig’s TheDegreePeople.com Wants to Teach You

Over one in four H1B petitions receive and RFE, which is a drastic increase from just less than ten years ago, but not a new trend for the past few years. The number of H1B petitions filed has skyrocketed while the number of annual visas available has remained the same. At the same time, CIS trends regarding education for this visa have become much more strict. H1B filing season is over. That means now it is RFE season.

The first step is to understand what documentation the RFE is asking you, your employee, or your client to provide, and the second step is to understand the questions CIS is seeking to answer in requesting this particular evidence. If you, your employee, or your client has received an RFE, don’t panic. This is an opportunity to strengthen the case. Below are four common RFEs you need to know about.

1. Degree does not match the job.
In the past, CIS has approved visas for beneficiaries who had degrees in fields relating to but not precisely matching their job titles. In fact, employers regularly hire workers with degrees in related fields because the specialized knowledge and skill set required for the job are taught in certain related fields. However, CIS trends regarding this have changed in the past six or seven years, and now we are seeing RFEs for petitions that would have been approved before. Another reason you’re your employee, or your client may have received this kind of RFE is that they hold a generalized degree. CIS requirements state that a generalized degree without experience in the field is insufficient for H1B visa approval. If this is the situation, a credential evaluator can take a close look at the course content of the education and convert classroom contact hours in the field into college credit that count towards a specialized major in the correct field. CIS will also accept years of progressive work experience in the field counted towards a major in the field. An authorized credential evaluator can convert three years of progressive work experience — meaning your client took on more and more responsibility as time progressed on the job — to one year of college credit in the field. These conversions will fill in the gap between your education, or your employee’s or client’s education and the H1B job that trigger this kind of RFE.

2. Specialty Occupation
If it is not clear to CIS that your job of the job of your client or employee is a specialty occupation — one that requires a minimum of US bachelor’s degree or its foreign equivalent — this is the kind of RFE that will be issued. To answer this RFE, you must prove that the job requires specialized skills and knowledge to perform that only comes once a certain level of education and experience is met. How can you do this? CIS will typically ask for the ad the job that indicates the minimum requirements necessary to perform. Include ads for similar jobs in similar industries to show that this level of education is necessary for this kind of job in this kind of industry and that this particular job was not tailored to meet the visa requirements of you, your employee, or your client. If this particular job DOES require an unusual level of expertise due to the nature of the company, provide an expert opinion letter and documentation showing why this job in particular requires an advanced degree.

3. Difficult Degrees
Some degrees do not have a clear US equivalency, especially degrees that do not call themselves degrees. For example, the Chartered Accountancy Certificate from India can actually be evaluated to be the equivalency of a US bachelor’s degree in accounting because the steps in education require post-secondary equivalencies. At the same time, the US CPA and the Canadian Chartered Accountancy certificate are not bachelor degree equivalencies. This is confusing and needs extreme clarification when presented to CIS. For this reason, degrees such as this one are often met with RFEs. Sometimes, specialty occupations simply do not have degrees that clearly fit their field, such as Computer Systems Analyst. So many RFEs have been issued for H1B candidates with this job because it is unclear what degree fits this very specialized, very specific occupation. If your, your employee, or your client has a difficult degree, or a job that does not have a clear field specialization in terms of college majors, talk to a credential evaluator with an in depth understanding of international education. This kind of evaluator will know which degree to reference for the equivalency, and the steps in education required to earn a certificate in the country the certificate or degree was earned in.

4. Three-Year Bachelor’s Degree
One of the most common triggers for H1B RFEs is an Indian three-year bachelor’s degree. While these degrees tend to have more classroom contact hours than US four-year bachelor’s degrees, CIS requires the missing fourth year to be accounted for in order to accept the equivalency to a US four-year bachelor’s degree. If you, your employee, or your client is in this situation, talk to a credential evaluator about the candidate’s education and work experience. Three years of progressive work experience can be converted into one year of college credit in the field to account for the missing fourth year. If you, your employee, or your client has a three-year bachelor’s degree, NEVER file without this kind of credential evaluation. It will almost ALWAYS receive an RFE without one.

If you, your client, or your employee receives an RFE for an education or occupation-related situation, talk to a credential evaluator with extensive experience working with difficult cases, RFEs, NOIDs, and Denials. As evaluators who see these kinds of cases day in and day out, we understand what triggers them, what questions CIS seeks to answer in issuing them, and how to answer them. We do not charge to review your case before your file, or if you get an RFE or Denial. As an evaluation agency with international education experts on staff, we have a clear understanding of CIS trends as well as being aware of creative ways to successfully address even the most complicated RFEs.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

4 Problematic RFEs Sheila Danzig’s TheDegreePeople.com Wants to Teach You Read More »

Combatting Credential Fraud: The Role of TheDegreePeople.com

In Credential fraud is a growing concern in the academic and professional sectors, undermining the integrity of genuine qualifications. TheDegreePeople.com has emerged as a key player in addressing this issue through rigorous credential verification processes.

Stringent Verification Measures

TheDegreePeople.com employs advanced techniques to scrutinize academic records meticulously. Their comprehensive approach ensures that only legitimate qualifications are recognized, protecting the credibility of educational and professional credentials. This involves cross-checking documents against official records and databases to confirm their authenticity.

Collaboration with Institutions and Employers

Collaboration is a cornerstone of TheDegreePeople.com’s strategy. They work closely with educational institutions and employers to share best practices and enhance defenses against credential fraud. This partnership is essential in combating sophisticated fraud techniques and ensuring a unified approach to maintaining credential integrity.

Impact on the Academic and Professional Landscape

The organization’s efforts provide significant reassurance to employers and educational institutions. By guaranteeing that qualifications have been thoroughly vetted, TheDegreePeople.com helps maintain trust in the academic and professional qualifications that individuals present. This assurance is crucial in an environment where the authenticity of credentials is frequently questioned.

Comprehensive Services

TheDegreePeople.com offers a range of services, including the evaluation of international credentials, ensuring they meet the standards required by institutions and employers. Their services extend to verifying secondary and post-secondary education qualifications, ensuring a holistic approach to credential validation.

Commitment to Excellence

TheDegreePeople.com is dedicated to upholding the highest standards in credential evaluation. Their commitment to thorough and precise verification processes highlights the importance of maintaining the integrity of educational and professional qualifications. This dedication helps safeguard the value of genuine achievements and ensures that they are appropriately recognized.

Addressing Credential Fraud

By providing thorough and accurate credential evaluations, TheDegreePeople.com is helping to put an end to these scams. Whether you have a credential evaluation completed by our experts or someone else, make sure it’s a reliable agency with years of experience and a sterling reputation. Too many people don’t realize that there’s no regulatory agency for credential evaluators. Most companies won’t even require that their evaluators have an advanced degree. At TheDegreePeople.com, we guarantee that your evaluator will be highly trained, reliable, and experienced. We are proud to offer our services to help eliminate the scams and provide you with accurate, detailed information about your degree.

When you’re seeking an agency to evaluate your academic credentials, look no further than TheDegreePeople.com. We provide fast, accurate, and thorough credential evaluations and expert advice to meet your academic and professional needs.

Free Case Review and Expert Leadership

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

Combatting Credential Fraud: The Role of TheDegreePeople.com Read More »

H-1B Expert Opinion Letter from TheDegreePeople.com and Sheila Danzig: What You Need to Know

What is an H-1B Expert Opinion Letter?

An H-1B Expert Opinion Letter from TheDegreePeople.com, led by Sheila Danzig, is essential for addressing USCIS specialty occupation requirements related to a job position and/or the qualifications of the beneficiary.

This Expert Opinion Letter from TheDegreePeople.com can assist USCIS agents in determining: (i) whether the position meets the specialty occupation criteria required for an H-1B visa, and (ii) whether or how the candidate’s credentials align with the requirements of the offered position. Learn more about specialty occupation requirements here.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

H-1B Expert Opinion Letter from TheDegreePeople.com and Sheila Danzig: What You Need to Know Read More »

Sheila Danzig Explains Document-by-Document vs. Course-by-Course Evaluations

In the complex landscape of international education and employment, navigating the intricacies of credential evaluations can be daunting. Sheila Danzig, the director of Career Consulting International (CCI) and founder of TheDegreePeople.com, stands as a beacon of expertise and reliability in this field. With decades of experience and a deep understanding of the nuances involved, Sheila has helped countless individuals and organizations successfully resolve their credential evaluation needs, particularly…

One of the most critical aspects of credential evaluations is understanding the difference between document-by-document and course-by-course evaluations. Each serves a unique purpose and selecting the right type is essential for ensuring that academic credentials are accurately and effectively translated into U.S. equivalencies.

Document-by-Document Evaluation
A document-by-document evaluation provides a general overview of the educational credentials. It lists each diploma or certificate, along with the U.S. equivalent for the degree and the institution’s accreditation status. This type of evaluation is typically sufficient for immigration purposes, employment, and in some cases, licensing.

Key Features:

  • Lists diplomas and certificates.
  • Provides U.S. equivalents.
  • Indicates institution accreditation.
  • Suitable for immigration and employment purposes.

Course-by-Course Evaluation
In contrast, a course-by-course evaluation offers a detailed analysis of each course taken, including grades, credits, and the U.S. equivalent for each course. This comprehensive evaluation is often required for educational admissions, professional licensure, and certain employment scenarios where a detailed understanding of the coursework is necessary.

Key Features:

  • Detailed course analysis.
  • Includes grades and credits.
  • U.S. equivalents for each course.
  • Required for educational admissions and professional licensure.

Choosing the Right Evaluation
Sheila Danzig and her team at TheDegreePeople.com are adept at guiding clients through the decision-making process. They understand that selecting the appropriate evaluation type is crucial for meeting specific goals, whether for visa applications, academic pursuits, or professional licensure.

For example, H-1B visa applicants often require a course-by-course evaluation to demonstrate that their foreign degree is equivalent to a U.S. degree in a specialty occupation. Sheila’s expertise ensures that these evaluations are meticulously prepared, meeting the stringent requirements of immigration authorities and enhancing the likelihood of a successful outcome.

Why Choose TheDegreePeople.com?
Sheila Danzig’s leadership and her team’s meticulous approach have positioned TheDegreePeople.com as a trusted resource for credential evaluations. Their services are characterized by:

  • Personalized Guidance: Tailored advice to ensure the right type of evaluation.
  • Detailed and Accurate Evaluations: High standards of accuracy and attention to detail.
  • Responsive Customer Service: Prompt and supportive assistance throughout the evaluation process.
  • Proven Track Record: A history of successful evaluations for diverse clients.

By choosing TheDegreePeople.com, clients benefit from Sheila Danzig’s extensive knowledge and commitment to excellence, ensuring their educational credentials are accurately evaluated and effectively presented. Whether you need a document-by-document or course-by-course evaluation, Sheila and her team are here to help you achieve your goals.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

Sheila Danzig Explains Document-by-Document vs. Course-by-Course Evaluations Read More »

Advice from TheDegreePeople.com: Ensure Your Immigration Forms Are Up-to-Date

In the ever-evolving landscape of immigration, it’s crucial to stay informed and proactive to avoid unnecessary setbacks. Recent updates from the United States Citizenship and Immigration Services (USCIS) underscore the importance of using the most current immigration forms. Failure to do so can result in the rejection of your application, adding stress and delays to your immigration process.

Sheila Danzig, founder of TheDegreePeople.com, emphasizes the importance of diligence in this matter. “Using outdated forms can derail your entire application process,” Danzig warns. “It’s essential to regularly check the USCIS website for the latest versions of the forms to ensure that your submission is accepted without issue.”

The USCIS periodically updates forms to reflect changes in policy, fees, and procedures. These updates aim to streamline processes and enhance security measures, making it imperative for applicants to use the correct forms. Submitting an outdated form can lead to immediate rejection, requiring you to resubmit with the correct form, thereby delaying your application.

To avoid this, Danzig recommends a few key steps:

1. Regularly Visit the USCIS Website: Ensure you are using the latest versions of the forms by downloading them directly from the USCIS website. This practice minimizes the risk of using outdated forms from third-party sources.

2. Stay Informed About Changes: USCIS announcements regarding form updates are crucial. Subscribing to their alerts or following reputable immigration news sources can help you stay on top of these changes.

3. Double-Check Before Submission: Before sending your application, double-check that every form is the latest version. This extra step can save you time and prevent the frustration of rejections.

4. Seek Professional Guidance: Consider consulting with immigration experts or legal advisors who can provide up-to-date information and help ensure your application is complete and accurate.

At TheDegreePeople.com, we understand the complexities of the immigration process and strive to provide valuable insights and support to help you navigate these challenges effectively. By staying informed and prepared, you can significantly enhance your chances of a smooth and successful immigration journey.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

Advice from TheDegreePeople.com: Ensure Your Immigration Forms Are Up-to-Date Read More »

Tips From TheDegreePeople.com to Avoid Education Credential Certificate Scams

In today’s job market, having the right credentials is crucial. However, the surge in the number of educational programs and certifications has given rise to numerous scams. To help you navigate this complex landscape and avoid falling victim to fraudulent credentials, here are some essential tips from TheDegreePeople.com, guided by insights from Sheila Danzig.

1. Research the Institution Thoroughly
Before enrolling in any educational program, investigate the institution’s reputation. Verify its accreditation status through recognized accrediting bodies, which can often be confirmed via the U.S. Department of Education’s website or other reliable sources. Avoid programs from institutions with dubious or no accreditation.

2. Question Unfamiliar Credentials
If you encounter credentials you’ve never heard of, don’t hesitate to ask the issuing institution or the credential holder for more information. Nate Tsang of WallStreetZen emphasizes the importance of understanding what a credential signifies by directly questioning applicants about their learning experiences.

3. Look Out for Quick Fixes
Beware of programs that promise fast and easy degrees or certificates. Authentic education takes time and effort. If a program claims you can earn a credential in an unrealistically short time frame with little effort, it’s likely a scam.

4. Verify the Credential’s Authenticity
Use services like Credential Engine, which aims to catalog and verify educational credentials. Although it has only catalogued a small percentage of the millions of credentials out there, it can still be a valuable resource for checking the legitimacy of a program.

5. Consult Reliable Reviews and Testimonials
Look for reviews and testimonials from reputable sources. Websites like the Better Business Bureau and Trustpilot can provide insights into the experiences of other individuals. Be wary if you find many negative reviews or consistent complaints about a particular credential.

6. Understand the Cost Structure
Legitimate programs will have transparent pricing structures. Be cautious of those demanding large upfront payments or those with hidden fees. Clear and detailed financial information is a hallmark of reputable educational programs.

7. Check for Government Warnings
Government agencies sometimes issue warnings about fraudulent institutions and scams. Regularly check websites like the Federal Trade Commission (FTC) or your local consumer protection office for any alerts or warnings about educational scams.

8. Seek Employer and Industry Validation
Consult with employers or industry professionals to ensure that the credential is recognized and valued within your field. This can save you from investing in a program that won’t benefit your career.

9. Be Skeptical of Flashy Advertising
Scammers often use aggressive and flashy advertising to lure victims. If you see advertisements that seem too good to be true, investigate further before making any commitments. Remember, legitimate educational programs rely on their reputation more than on marketing gimmicks.

10. Trust Your Instincts
If something feels off about a program or institution, trust your instincts and take the time to investigate further. It’s better to be cautious than to fall for a scam.

Conclusion

Education credential certificate scams can have serious consequences, but by following these tips from TheDegreePeople.com and Sheila Danzig, you can protect yourself from fraudulent schemes. Always conduct thorough research, verify the legitimacy of the programs, and be vigilant about any red flags. Your diligence will ensure that the credentials you pursue are valuable and respected in your professional journey.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

Tips From TheDegreePeople.com to Avoid Education Credential Certificate Scams Read More »

Tips from TheDegreePeople.com on Handling an I-140 RFE

Sheila Danzig of TheDegreePeople.com provides crucial advice for managing I-140 Requests for Evidence (RFEs). Key tips include understanding RFE requirements, organizing responses clearly, gathering complete supporting documents, ensuring accuracy, and seeking expert help. Following these guidelines can improve the chances of a successful petition.

Handling an I-140 Request for Evidence (RFE) can be challenging, but Sheila Danzig of TheDegreePeople.com offers expert advice to navigate this process effectively.

Understand the RFE: 
Carefully read the RFE notice to comprehend what additional information or documentation is required. Knowing exactly what is being requested is crucial for a thorough and accurate response.

Organize Your Response: 
Structure your response in a clear and organized manner. Include a cover letter that outlines the contents of your response package and addresses each point raised in the RFE.

Gather Supporting Evidence:
Collect all necessary documents that support your case. This may include employment verification letters, educational credentials, proof of work experience, and any other relevant evidence.


Be Thorough and Accurate:
Ensure that all provided information is accurate and complete. Inaccuracies or missing information can lead to further delays or a denial of your petition.

Seek Expert Help: 
In addition to consulting with immigration experts or attorneys who specialize in I-140 petitions contact a foriegn credential evaluation service that can provide needed documentation to support your case. 

Sheila Danzig of CCI / TheDegreePeople.com will review your case at no charge to either prevent or overturn an RFE.

This expertise can be invaluable in ensuring your response is comprehensive and compelling.

Highlight Critical Points:
Emphasize the key elements of your petition that demonstrate your qualifications and the merits of your case. Make it easy for the reviewer to see why your petition should be approved.


Meet the Deadline:
Submit your response well before the deadline provided in the RFE notice. Timely submission is essential to avoid any negative impact on your petition.

Follow Up:
After submitting your response, monitor the status of your petition. If you do not receive a timely update, consider following up with the USCIS for a status check. By following these tips from Sheila Danzig of TheDegreePeople.com, you can improve your chances of successfully addressing an I-140 RFE and moving forward with your immigration process.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

Tips from TheDegreePeople.com on Handling an I-140 RFE Read More »

EXPERT GUIDANCE: NAVIGATING RFES WITH SHEILA DANZIG FROM THEDEGREEPEOPLE.COM

Understanding RFEs

An RFE is essentially a request from USCIS for additional information or evidence to support your immigration application. It’s important to note that receiving an RFE doesn’t necessarily mean your application will be denied. Instead, it’s an opportunity for you to provide the necessary documentation to strengthen your case.

RFEs can be triggered by various reasons, including missing documents, incomplete forms, inconsistencies in the provided information, or doubts about the applicant’s eligibility. Understanding the specific reason for the RFE is crucial for crafting an effective response.

How to Respond to an RFE

Responding to an RFE requires careful attention to detail and thoroughness. Here’s a step-by-step guide on how to tackle it:

1. Read Carefully: Take the time to thoroughly review the RFE and understand the specific information or evidence requested by USCIS. Pay close attention to any deadlines mentioned in the request.

2. Gather Documentation: Collect all necessary documents and evidence to address the concerns raised in the RFE. This may include affidavits, letters of support, financial records, or any other relevant materials. Make sure to organize your documents in a clear and concise manner.

3. Craft a Detailed Response: Write a comprehensive response that directly addresses each point raised in the RFE. Provide clear explanations and supporting evidence to strengthen your case. Be sure to follow USCIS guidelines and format your response accordingly.

4. Seek Professional Assistance: If you’re unsure about how to respond to the RFE or need help gathering evidence, consider seeking assistance from a qualified immigration attorney or consultant. They can provide valuable guidance and ensure that your response is thorough and effective.

Conclusion

Receiving an RFE can be daunting, but with the right guidance, you can effectively address USCIS concerns.

Let us review your cases at no charge what so ever at www.CCIFree.com

About Sheila Danzig

Sheila Danzig, the director of CCI TheDegreePeople.com, excels in resolving RFEs and denials for work visas, specializing in educational and employment visa challenges.

EXPERT GUIDANCE: NAVIGATING RFES WITH SHEILA DANZIG FROM THEDEGREEPEOPLE.COM Read More »

Case Study: Specialty Occupation RFE Overturned with Expert Opinion Letter

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.

Case Study: Specialty Occupation RFE Overturned with Expert Opinion Letter Read More »

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