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Common Education H-1B RFEs and How to Prevent Them

To be eligible for H-1B status, a beneficiary must hold a US bachelor’s degree or higher or its equivalent in the field of the H-1B job.  Beneficiaries run into education issues when the beneficiary does not have the required US degree in the exact field of the H-1B job and does not clearly show USCIS they have the educational equivalence in terms of US educational standards.

If USCIS sees the following educational situations, it will raise a big red flag:

  • Foreign degree
  • Three-year bachelor’s degree
  • Degree in a major that is different from the H-1B job
  • Generalized degree
  • Incomplete college
  • No college
  • Credentials from an unaccredited institution

To address these situations, you must show that the beneficiary has met H-1B educational requirements with a credential evaluation that shows their education, non-collegiate training, and work experience comprises the equivalent of a US bachelor’s degree or higher in the field of the job.  This must be a detailed evaluation written uniquely to address the situation.  This means a detailed evaluation of courses taken, evaluation of academic value of any professional or other non-collegiate training, and/or a work experience conversion. 

Work experience conversions are common ways to surmount educational hurdles because USCIS accepts that three years of progressive work experience in the field of the H-1B job is the equivalent of one year of college credit in that major.  Progressive work experience means education occurred on the job as evidenced by promotions or the work becoming provably more complex with greater responsibility over the course of employment.  A professor with the authority to convert work experience into college credit can perform this conversion which is why we work with such professors when writing H-1B credential evaluations.

Of course, the easiest way to answer and RFE is to avoid it in the first place.  Whether you have already filed or are just finishing up your petition, don’t forget to include a credential evaluation to fill in any gaps between the education the beneficiary has and the education your beneficiary needs for visa approval.

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.

Biden Administration Sued Over Wage Level Final Rule

Five tech and medical nonprofits represented by the American Immigration Lawyers Association are suing the Biden Administration in an effort to block the wage level preference final rule from going into law December 31st, 2021.

The lawsuit filed in a Washington, DC US District Court stated:

“It will have a deleterious impact on small businesses, start-ups, non-profits, rurally located businesses and other industries that rely on foreign highly skilled workers, but who are not able to compensate workers at the highest level.”

The lawsuit also states that this final rule was reviewed and approved by Chad Wolf, who was the Acting Secretary of Homeland Security.  He did not have the legal and valid authority to review and approve this final rule because he was not properly appointed to his position of authority.

This rule was proposed by the Trump Administration on its way out to prioritize H-1B beneficiaries based on wage level.  This would effectively do away with the lottery system, which was designed to give equal footing to businesses and organizations large and small, rural and urban, in areas expensive and impoverished.  Many of these rural areas rely on foreign workers because they lack a pool of highly skilled workers to provide essential services to the community or cultivate sustainable economic development. 

Wage level preference would be based on the H-1B occupation in that geographic location.  However, when put into action this regulation gets murky in areas where economic opportunity and urban density is patchy and gives preference to large and wealthy businesses over small businesses and nonprofits across the board.

CCI TheDegreePeople.com will continue to track this lawsuit and advise accordingly.  However, we do anticipate wage level issues will be a common RFE this year in light of current controversy.  We are here to help you identify and fix the weaknesses in H-1B petitions before you file, and to help successfully answers RFEs.

For a free review of your H-1B case, visit www.ccifree.com.  We will respond in 4 hours or less.

RFE Alert: How to Answer the Double H-1B RFE

The fight against the proposed final rule that would give preference to H-1B applicants with the highest wages is heating up.  The American Immigration Lawyer’s Association is representing five nonprofits from tech and medical industries to sue the Biden Administration to block this rule from being finalized. 

What does that mean for those filing H-1B cap-subject petitions this summer?  We anticipate seeing an onslaught of Double RFEs.  These RFEs raise specialty occupation and wage level requirement issues.  H-1B beneficiaries making level one wages are particularly vulnerable to this RFE.

Here is how it works:

First, USCIS assumes that because the H-1B employee’s pay is set at level one wages the position is entry level.  Since many entry-level positions H-1B employees are hired for normally – but not ALWAYS – have a minimum bachelor’s degree educational requirement, USCIS will take issue with the job meeting specialty occupation eligibility requirements.  If the position is not entry level, USCIS will circle back around to wage level issues in that the H-1B requirement that the employee be paid the prevailing wage for the job may not be met.  This is the logic loop that causes the Double RFE.

There are two main problems with USCIS’ reasoning for this RFE: 1) Level one wages does not necessarily mean the job is entry level.  Many factors go into setting an employee’s starting wage.  2) H-1B eligibility requirements state that a job is a specialty occupation if it normally requires a bachelor’s degree minimum to perform.  In recent years, USCIS has been adjudicating normally as always, effectively making the exception the norm when applied to visa approval.

The best way to prevent or answer a Double RFE is with an expert opinion letter that addresses both issues.  The expert must have at least a decade of experience working directly in the field of the H-1B job and have a leadership role within the field.  Ideally, this expert has made hiring decisions regarding the H-1B position in question along with supporting roles to have a clear understanding of the credentials and experience an employee must have to perform the job.  The more information you can provide the expert about the employer, past hiring practices, parallel positions at similar companies within the industry, and the job itself the more compelling the letter will be for USCIS to approve the visa.

At CCI TheDegreePeople.com we work with experts in all H-1B fields.  They have experience writing letters to address Double RFE issues as we always keep an eye on USCIS approval trends.

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: Indian Three-Year Degree H-1B RFE Overturned!

Case Study: Indian Three-Year Degree H-1B RFE Overturned!

A recurring RFE we see every year with H-1B candidates is the education RFE for the Indian three-year bachelor’s degree.  Candidates who do not submit credential evaluations that account for the missing fourth year of education with their initial petition get RFEs about it this time of year.

Graduate schools commonly accept the Indian three-year bachelor’s degree as an acceptable prerequisite to their programs, and employers will hire employees to specialty occupations with this credential.  International trade and labor agreements recognize the Indian three-year bachelor’s degree as the functional equivalency of a US four-year bachelor’s degree.  The number of actual classroom contact hours and college credit hours in an Indian three-year degree is equal to or greater than the 120 college credit hours that make up the US four-year bachelor’s degree.  For all of these reasons, H-1B candidates and their teams overlook the persistent USCIS approval trend of NOT APPROVING beneficiaries with just this credential.

The best way to both prevent and answer this RFE is to include a detailed credential evaluation that accounts for the missing fourth year of education.  Regardless of how many college credit hours this three-year program actually has, USCIS is hung up on that missing fourth year, and USCIS is the gatekeeper of your visa, or your employee or client’s visa.

At CCI TheDegreePeople.com, we rely on the work experience conversion option in these credential evaluations to account for the missing fourth year.  USCIS accepts that three years of progressive work experience in the field of the H-1B job is the equivalent to one year of college credit in that major.  You must prove that you, or your employee or client took on progressively more responsibility as time went on, and that the nature of the work increased in complexity.  Then, one of our professors at TheDegreePeople.com with the authority to issue college credit for work experience, will write this conversion and it will be included in the credential evaluation.  This evaluation will show USCIS that you DO have, or your employee or client DOES have the academic equivalent of a US four-year bachelor’s degree in the field of the H-1B job.

If you have, or if your employee or client has an education RFE for an Indian three-year bachelor’s degree, we can help get it overturned.  For a free consultation, visit ccifree.com/.  We will get back to you in 48 hours or less.

Unique H-1B Issues that Face IT Consulting Firms this RFE Season

Unique H-1B Issues that Face IT Consulting Firms this RFE Season

Recently a lawsuit was filed against USCIS by ITServe Alliance.  This is a organization of US IT service companies that had previously petitioned USCIS against new changes to H-1B adjudication rules.  The new rules state that for IT consulting companies that contract H-1B employees to work off-site to meet H-1B requirements, they had to prove the H-1B employee would have “Guaranteed specific and non-speculative work assignments” scheduled for the entire duration of their three-year H-1B visa.  This rule was applied to new employees seeking H-1B status for the first time, and for existing H-1B employees seeking visa renewal.

This new rule has taken a toll on IT consulting firms across the United States. Last fall at the end of FY2018, a study of the 30 top employers that sponsor H-1B employees found that while IT consulting firms saw 20-80% rates of H-1B Denials among their sponsors, non-consulting companies only saw a 1% Denial rate.  Consulting firms were answering RFEs and Denials well into the fiscal year the sponsored employee was hired for, cutting into business productivity and damaging relationships with customers because new hires could not start on time because they were still engulfed in a fight for their right to work.

While USCIS claims that this new rule is simply a reinterpretation of existing statutes, ITServe Alliance disagrees.  Regardless, USCIS is still the gatekeeper of you, or your employee or client’s visa status, and that means you must be prepared to prevent and answer the potential RFE or Denial that is likely to arrive this summer if you or your employee or client works for an IT consulting company.

Here is what you need to do to get this kind of RFE or Denial overturned:

1. Clearly show three years of guaranteed and non-speculative work for the H-1B employee.  This means providing a detailed itinerary of the employee’s next three years on the job bolstered by customer contracts and timelines.

2. Clearly show that the employer-employee relationship will be maintained even when the H-1B employee is working off-site.  This means providing a clear breakdown of the day-to-day duties and responsibilities of the employee along with their means of reporting to the employer.  Clearly show avenues of control and accountability as you will need to prove that the employer maintains the ability to hire, fire, promote, and otherwise control the work the H-1B employee does throughout the duration of the H-1B visa, regardless of which site they are working at.

3. Include an expert opinion letter that analyzes, ties together, and lends credibility to the evidence and documentation you provide.  This expert must have extensive experience WORKING IN the IT consulting field, and not simply be an IT instructor or professor.  At TheDegreePeople.com, we have the right experts on hand 24/7 to write the opinion letter you or your employee or client needs to serve a strong case for approval.

4. Make sure all of your bases are covered.  When USCIS finds a red flag in a petition, they look deeper, and they usually find more aspects of a case to take issue with.  Education issues, wage level issues, and specialty occupation issues are common features of the first or second round of RFEs. 

Always take the opportunity to prevent a second round of RFEs when answering the first.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.

What to Expect and When to Expect it this H-1B Adjudication Season

What to Expect and When to Expect it this H-1B Adjudication Season

USCIS has completed selecting the 85,000 H-1B petitions to be adjudicated for approval for cap-subject petitions for FY 2020.


Those selected that filed for premium processing may begin receiving notice this week as to their approval status with the anticipated date of completion set at June 4th. Case adjudication for those who did not file under premium processing will begin early to mid-June and often takes months. Last year, adjudication for FY 2019 – which began October 1st, 2018 – extended into the 2019 calendar year.


If you are unsure of whether or not your case was selected, check the account activity on the account of the check written for the H-1B processing fee. If it has been cashed, your case was selected in the lottery.


When notice arrives of the status of the case, do not be alarmed if you receive an RFE or Denial. This is NOT the end of the road. Over the past few years the prevalence of H-1B RFEs spiked, especially for beneficiaries working entry-level positions, working as computer programmers, and working at wage level one. This year, USCIS adjudicators have been given the authority and encouragement to deny petitions outright without first issuing an RFE. This may lead to a spike in Denials instead of RFEs. Either way, they are possible to overturn and get the visa approved in time to get to work for FY 2020.


If you expect an RFE or Denial is coming this H-1B adjudication season, you can better prepare to defend your case, or your employee or client’s case. You will need a detailed credential evaluation that takes the job, the visa, USCIS approval trends, and any issues found in the case into consideration. You will also need documentation that details the demands, duties, tasks, and responsibilities of the job, and a detailed breakdown of employer and industry hiring practices with regards to minimum qualifications for the position in question. Finally, you will need an expert who works IN THE FIELD rather than just teaches it to write an opinion letter that ties the evidence you have provided together. First and foremost, however, you will need to take an honest look at your case, or your employee or client’s case and identify what might attract scrutiny by USCIS that could result in a visa Denial.


At TheDegreePeople.com, we work with RFEs and Denials every year. We understand what triggers them and we know how to successfully respond to them. For a free review of your case, or your employee or client’s case visit ccifree.com/. We will get back to you in 48 hours or less.

Common H-1B Issues to Anticipate this Adjudication Season

Common H-1B Issues to Anticipate this Adjudication Season

In the next few months, H-1B petitioners and beneficiaries will find out if their petitions have been selected in the lottery, and accepted for approval.

We predict this year will follow the trend of the previous few years with an increase in H-1B issues that block beneficiaries from outright approval. What is unclear is whether beneficiaries will be receiving RFEs or Denials in response to these issues. Last year, adjudicators were given the authority and encouragement to deny petitions outright without offering an RFE as an opportunity to respond questionable cases. This was announced in a USCIS memorandum along with several other changes to the H-1B selection and adjudication process, some of which went into effect this lottery season, and some of which did not.

One thing is certain: preparation is key. It is FAR from impossible to overturn a Denial. You just need to stay one step ahead of the game. That means understanding what about your case may raise red flags, and that means going back to the basic H-1B eligibility requirements and taking an honest look at where your case may fall short.

Employer-Employee Relationship

Small businesses often run into trouble here if they cannot clearly show in the LCA that they can afford to pay the prevailing wage to the H-1B worker and maintain economic viability. Another big issue is when the beneficiary is an owner, founder or co-founder, or sole proprietor of the business. H-1B workers must have their work, wage, and employment status controlled by an employer to meet this requirement and beneficiaries cannot self-petition for this visa. If this is the situation, there must be a CEO or board of directors different from the H-1B worker that fills this role to prove an employer-employee relationship exists in the arrangement.

Wage Level

The H-1B employee must make the prevailing wages for the position. Factors that influence the prevailing wage include industry standards, company size, geographic location, and more. Workers making level one wages often run into issues. In a response to an RFE or Denial, you must articulate all of the factors that went in to setting the wage level and an expert opinion letter that assures the prevailing wage requirement has been met.

Specialty Occupation

For the last two H-1B seasons, this RFE has spiked in prevalence and is often linked with wage level issues. If you, or your employee or client’s job sometimes requires a US bachelor’s degree or higher, but not always, or if this job is particularly specialized, you need to take extra steps to meet this requirement. That means providing a detailed breakdown of the duties and tasks of the job, as well as the advanced knowledge, skills, and understanding that must be applied every day in this position. You will also need to show that a US bachelor’s degree or higher is a typical minimum requirement for this job as either an industry standard, or as a company standard as evidenced in the ad for the job and in past hiring practices. An expert opinion letter must also be included to lend validity to and analysis of the documentation provided by your team.

Educational Requirements

H-1B requires the beneficiary have a US bachelor’s degree or higher or its equivalent. Foreign degrees that are not accompanied by the right credential evaluation raise red flags, especially the Indian three-year bachelor’s degree. The right credential evaluation takes the H-1B job into consideration and makes the necessary work experience conversions and detailed course breakdowns necessary to fill in any gaps between the job and the degree as the degree must be in the exact field of the H-1B job to address the demands of a specialty occupation. Incomplete college or no college experience must be compensated for with work experience conversion that must be written by a professor with the authority to convert work experience into college credit.

Any situation out of the ordinary or that is not completely straightforward can raise a red flag, which in turn triggers and RFE or Denial. At TheDegreePeople.com we work with RFE and Denial cases every year. We know what to look for and we know how to successfully address it. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.

What Makes an H-1B Job a Specialty Occupation?

What Makes an H-1B Job a Specialty Occupation?

Over the past few years, H-1B cap-subject petitions have received record-breaking rates of RFEs for Specialty Occupation.  Many of these RFEs struck occupations that had never been called into question before.

USCIS visa approval trends change every year, and often the RFEs issued are virtually unanswerable by their own guidelines.  At TheDegreePeople.com we always advise our clients facing difficult RFEs to go back to the basics: what are the original H-1B requirements?  Specifically for the Specialty Occupation RFE, the central question is what makes a job a Specialty Occupation?  Answer this question and you’ve answered the issue.

USCIS determines that a job does meet specialty occupation requirements if it meets one of these four standards:

  1. This position normally requires a minimum of a US bachelor’s degree or higher to be hired.
  2. This position in the specific industry or for this specific employer requires a minimum of a US bachelor’s degree or higher because of the unique complexity of this position.
  3. A bachelor’s degree or higher minimum requirement for this position is a standard hiring practice for this specific employer.
  4. This specific position in question is uniquely specialized to the extent that only a candidate with a minimum of a US bachelor’s degree or higher has the skills and knowledge necessary to performing the duties and responsibilities of the position.

The decision is based on the entry for the position in the US Department of Labor’s Occupational Outlook Handbook, on the opinions of experts, and on the details and documentation provided about the duties and responsibilities of the job, past hiring practices for the position, and industry standards when it comes to educational and experiential background for the position in question.

Read the Occupational Outlook Handbook for your H-1B position, or your employee or client’s H-1B position to understand which avenue is most appropriate to take for proving specialization.  Then, it’s your job to find the right expert to lend their opinion in a letter to fortify your case.  This expert works in the field of the specialty occupation, which means the expert cannot just be a professor who TEACHES the field but must have extensive field experience.  Then you must provide the expert and USCIS a detailed job description that emphasizes theoretical and practical application of specialized skills and knowledge on the job.  Provide proof of industry standard through showing USCIS ads for the same position for a different company in the industry, and provide documentation of past hiring practices.

At TheDegreePeople.com, we have experts in every specialization on hand to write the expert opinion letter you need, or your employee or client needs to get that H-1B visa approved.  They all have extensive experience and prestige in their field.  For a free review of your case, visit HERE.  We will get back to you in 48 hours or less.

Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others

Case Study: Specialty Occupation RFE Overturned with Some Expert Opinion Letters but not Others

The Specialty Occupation RFE has become the new nightmare facing H-1B beneficiaries, their sponsors, and their lawyers.  They can be answered successfully with the inclusion of an expert opinion letter, but this does not always work.

There are two reasons why:

1. The letter is lacking in detail.  USCIS requires a very detailed letter with a breakdown of the daily duties and responsibilities of the job and how specialized knowledge and skills are required to carry them out.  They need to understand this position and its educational requirements within the broader context of the industry, and they need to know all of the factors that went into setting the wage
level.  A detailed expert opinion letter can only accomplish this if you provide said expert with as many details as possible.  USCIS needs to know absolutely everything.

2. The expert lacks field experience.  Every expert we work with at CCI TheDegreePeople.com has extensive experience working in their field of expertise.  While some of our experts are professors in that field, they also work directly in the field.  Teaching about the field is not good enough for USCIS to consider someone an expert – they must WORK IN THE FIELD beyond simply teaching it, and have extensive field experience and respect within the field of specialization. When the right expert writes a detailed letter, the Specialty Occupation RFE is overturned and the visa is approved. When the WRONG expert writes it, even if the letter is detailed, USCIS
denies the visa.

Make sure you work with the RIGHT expert this RFE season.  We have the right kind of experts on hand in every field ready to help you get that RFE overturned.  Your job is to provide the details, and their job is to lend their authority to strengthen your case and get that RFE overturned.  Get a free review of your case. We will get back to you in 48 hours or less.

International Student Enrollment Critical to the Survival of Community Colleges in the United States

International Student Enrollment Critical to the Survival of Community Colleges in the United States

We recently wrote a press release regarding the alarming drop in enrollment in community colleges across the country due to dropping high school graduation rates and the low unemployment rate. At the same time, community colleges that make it easy for international students to enroll are seeing stable – and even rising – enrollment rates. Our press release appeared in dozens of news sources to spread the word to community colleges to open their doors to international students, and how best to do this.

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