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Why is this? In their educational requirements policy, the USCIS states, “A generalized degree, absent specialized experience, is insufficient” to prove an H1b candidate is educationally qualified for their specialty occupation. For example, the USCIS cites, “Since there must be a close corollary between the required specialized studies and the position, the requirement of a degree of generalized title, such as business administration or liberal arts, without further specification, does not establish eligibility.” When one’s education does not work standing alone, an evaluator must include the candidate’s work experience to meet H1b requirements. At the same time, the USCIS requires a candidate’s degree to specifically match their specialty occupation. While employers will hire those with a degree in a field related to their job, the USCIS requires an exact match. Which degree fits Computer Systems Analyst? Master of Computer Analysis is the ONLY standard degree we have seen that has not triggered an RFE for that job offer. Some other degrees has “slid by” but we have seen RFEs for all of them. A US Bachelor’s of Computer Science Engineering or its equivalent even receives an RFE for being a “generalized” degree. A bachelor’s degree in Computer Sciences Analysis is an extremely rare degree in the United States, available only at colleges and universities with self-designed degrees. However with work experience you can have that equivalence. However, most candidates don’t have a Computer Sciences Analysis self-designed degree from a US school. A Bachelor’s of Computer Analysis should be accepted by the USCIS if it is a four-year degree, however the BCA from India is a three-year degree. The solution? An evaluator can add your client’s work experience to his or her education to show an equivalence to a US Bachelor’s Degree in Computer Sciences Analysis. Although rare this degree does exist, and more importantly it is accepted by the USCIS as fulfilling the requirements for a Computer Systems Analyst. While RFE’s are not the end of the world and can be addressed, they are also seen as red flags. An RFE for an issue like education can draw attention to the small details of your client’s petition, which can lead to even bigger issues. It is always better to prevent an RFE in the first place than to overturn one later. About the author Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credential Evaluation Agency. For a no charge analysis of any difficult cases, RFEs, Denials or NOIDS, please go to http://www.ccifree.com/ or call 800.771.4723.]]>
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job, not a new visa. Once your visa is approved, you can take as much time as you want between ending your current job and beginning your new job. How much time you take and what you do with this time is entirely up to you. Some people take this opportunity to travel or visit family. Others dive right into their new job. You can’t just change jobs without alerting the USCIS. Just like all other visa-related processes, you will have to petition the USCIS for an H-1b transfer. This process takes about 4-8 weeks, but can take more. In this petition, you’ll need to include your last three pay stubs, copies of your immigration paperwork, as well as copies of your educational documents. If your specialized degree is from a country besides the US, you will need to submit a credential evaluation along with your documents to clearly show the value of your education in terms of US academic structures and standards. Don’t submit educational documents without first getting them translated into English and evaluated for US academic equivalence. Don’t stick it out with a job you hate when you can find fulfillment in your dream job. The hard part is over, you’ve got your H-1b visa status. Now make the most of it. Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/.]]>
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kandidat naouk, which is generally the equivalent of a US doctorate cannot be TRANSLATED as a doctorate degree or a PhD. In the US, we know that a CPA is not a degree title. The title Certified Public Accountant is a professional title. The same is true for the CA (Chartered Accountants) in Canada. However, in India, the CA is actually equivalent to a degree in India, but this cannot be translated. It must be carefully evaluated based on academic content and legal precedents. Words must be translated, and credentials must be evaluated. These are two completely different processes and to combine them is both dangerous and misleading. The solution to this is for the translator to always translate the literal words without making an educational value assessment. Leave that to a credential evaluation agency. To get an accurate evaluation that will not mislead employers and not leave visa candidates out of luck when the USCIS questions the credibility of their credential evaluator, keep this a two-step process. You would never hire a credential evaluation agency to translate documents. Do not hire a translation agency to discern academic equivalencies. Bear in mind that not all credential evaluation agencies have evaluators qualified to assess equivalency with accuracy either. In fact, we are seeing more and more Requests For Evidence inquiring into the credibility of credential evaluation agencies. Not all credential evaluators have the expertise to write accurate evaluations, and not all agencies have the authority to make the necessary conversions to prove equivalence. When you and your client or employee are looking for the right agency to hire to write a credential evaluation, here are three things to keep in mind:
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Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/.]]>
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st. Detailed evidence that your company upholds US labor standards is necessary for this application to be approved so you and your employee or client can move forward on the petition process. This will benefit your company in the long run by ensuring that your business is built on a basis of excellence. If you hire a foreign worker, you will most certainly be held to higher standards and have those standards enforced more strictly than if you simply hire US-born workers. However, this will ensure that your company get off to a legitimate start and evolve from a strong, solid foundation. There are simply not enough highly skilled workers who are US citizens to meet the growing job demands of the IT industry, and plenty of brilliant minds from other countries who want to work for you. At the same time, with H1b employees on staff, your company will have strong roots in an international perspective and a global focus. As the business world – particularly the IT world – becomes evermore globally oriented, your company will already be structured for this modern, global industry while established companies and other start-ups that don’t hire H1b workers will have to adapt. It is well worth the extra attention to the details of the petition process to start up your new business with H1b employees on your staff. About the Author Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge. ]]>
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http://discuss.ilw.com/content.php?4449-Article-You-Can-Beat-The-Nightmare-RFE-for-H1B-By-Sheila-Danzig. An RFE – as I have been told by countless attorneys – is also a big red flag. You can respond to an RFE, but it is still a red flag that the initial petition was filed improperly and without sufficient evidence. These red flags are shortcuts CIS uses to simplify the huge amount of work to be done regarding Visas every year. There are better ways to make CIS’s job easier. Don’t wait for an RFE to submit a foreign credential evaluation. Include all of the necessary evidence to prove your client or employee’s eligibility for their job and their Visa the first time, without CIS having to ask you for it. Even though this does not increase your chances in the lottery, it certainly does wonders for chances of approval after the lottery. About the Author Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge. ]]>
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