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H-1B petitions can face additional scrutiny when USCIS has questions about a beneficiary’s educational qualifications. These concerns can arise when an applicant holds a foreign degree, has completed only part of a college program, has a degree in a different field from the offered position, or relies on a combination
An expert opinion letter can provide additional evidence in an H-1B case involving a legal assistant when the petition requires further explanation of the position, its specialized duties, educational requirements, or the relationship between the position and the beneficiary’s qualifications. The value of an expert opinion letter depends on the
Securing an H-1B visa requires careful preparation. The petition needs to clearly establish that the offered position qualifies as a specialty occupation, that the beneficiary meets the position’s requirements, and that the employment arrangement and supporting documentation satisfy the applicable requirements. A Request for Evidence (RFE) can arise when USCIS
If an RFE arrives instead of an approval, it means the H-1B petition did not make a clear enough case that the job, employer, and beneficiary met the eligibility requirements. The first step is to find out what caused the RFE. The goal is not to place blame, but to
When USCIS finds one problem with an H-1B petition, they may find additional concerns. One RFE issue can lead to closer review of the entire case, creating what is sometimes called a Nightmare RFE. This type of RFE can be extremely difficult to answer within the given timeframe because it
This year, we are seeing RFEs that raise several concerns at once, including specialty occupation, wage level, and education issues. When USCIS identifies one problem with a petition, additional questions can follow, creating an RFE that may be difficult to answer. If you, your employee, or your client receives this
Immigration policies continue to change, and several recent developments could have a significant effect on individuals, families, employers, and foreign nationals planning to live or work in the United States. Effective August 5, 2026, USCIS has restored greater discretion for officers to deny certain immigration benefit requests without first issuing
A credential evaluation for H-1B immigration purposes typically takes three to seven business days under standard processing, from the time the evaluation agency receives all required documents. Expedited options can reduce this to one to two business days at most agencies. The total time from starting the process to having
Both EB-2 and EB-3 employment-based immigrant visa petitions may require a credential evaluation when the qualifying education was earned outside the United States, but the analytical requirements differ significantly between the two categories. EB-2 advanced degree cases require the evaluation to establish a higher degree equivalency, and for foreign nationals
A single source degree is a single academic credential, one degree from one institution, that on its own establishes the educational equivalency required for an employment-based immigrant visa petition. For I-140 petitions, particularly EB-2 advanced degree cases, USCIS applies this standard in a way that differs significantly from how educational
