immigration

The Double RFE

ccifree.com/ and let us help you overturn the Double Employment Issue RFE. At just a slightly higher cost of just one issue per letter, our experts can handle the entire RFE in one expert opinion letter that addresses both issues in this RFE. This will save you time, money, and peace of mind.]]>

Overturning the RFE for Specialty Occupation

It’s RFE season and CIS is coming down especially hard on “borderline” occupations this year. These are jobs that don’t necessarily require a US bachelor’s degree or its equivalent or higher according the the US Department of Labor’s Occupational Outlook Handbook (OOH). Some borderline jobs include management positions, certain computer and tech positions, certain healthcare occupations, and other jobs that vary in specialization based on the individual circumstances of the unique job itself. When an employer fills out the Labor Conditions Application, they must choose the employee’s occupation from the OOH. This selection is used by CIS to determine the prevailing wage the H1B employee must be paid. Employers of H1B candidates with borderline jobs can choose a job from the OOH that emphasizes a central aspect of the occupation that requires a US bachelor’s degree or its equivalency or higher. This is where three problems arise that result in some very serious RFEs: First, most jobs don’t meet the duties and responsibilities outlined in occupations in the OOH 100%. This is a vulnerability CIS takes advantage of to issue an RFE. Second, when employers do this, the job on the petition does not match the job on the LCA. Third, the wages employers are paying their H1B workers is called into question because the wages being paid to the H1B worker is not the same as the wage level as stated for the occupation in the OOH. These are very serious RFEs. Does this mean employees with borderline occupations are out of luck this RFE season? No, but it requires answering the RFE with a lot of evidence, documentation, citations, and analysis. The goal is either to prove that this particular occupation is uniquely specialized as to require an advanced degree, or that the candidate’s degree equivalency meets the educational requirements stated for the OOH job indicated on the LCA. Don’t try to answer this RFE alone. This is not something you can do without help from experts in international education, the details of H1B educational requirements, and CIS approval trends, and is familiar with the various OOH/ONET positions and their requirements. While there are no guarantees with CIS, at TheDegreePeople.com, our experts have been able to overturn these RFEs with a 100% success rate. Visit http://ccifree.com/ and let us help you solve your RFE dilemma.]]>

Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE

It’s no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. RFEs for petitions for FY-2018 have started arriving and this year, CIS is going after entry level wages for H1B jobs. Here’s the scoop: H1B visas are reserved for highly skilled foreign workers in specialty occupations. This means a candidate must hold a US bachelor’s degree or higher, or its equivalent to qualify, and the job must be specialized to the point of requiring a minimum of that degree or degree equivalency to perform its duties. Part of the petition is the employer submitting a Labor Conditions Application which indicates that the H1B employee will make prevailing wages for that job in that geographic location for companies of that size. Some of these jobs pay entry level wages. That’s where employers have been running into trouble this year. CIS has been consistent in issuing RFEs for candidates making entry level wages because there is question as to whether these entry level jobs are adequately specialized to meet H1B educational requirements. While the rationalization behind this is that many entry level jobs do not require a US bachelor’s degree or higher or its equivalent, many professions DO require this education to gain entry to the field. At TheDegreePeople.com, we work with RFEs and difficult cases on a regular basis and understand what CIS is really looking for in the evidence they request. To have us review your case at no charge and no obligation, please submit the following documents to [email protected] • LCA • Beneficiary’s resume and educational documents • Employer Support Letter • Detailed job description and duties • RFE We will get back o you in 48 hours or less with a full analysis and, if we can help you, the costs of this and how many to order.]]>

Everything You Need to Know about H1B RFEs for 3-Year Degrees

One of the very most common H1B RFE triggers is a 3-year bachelor’s degree with no credential evaluation, or with the wrong kind of credential evaluation. Many H1B candidates come to the United States to work missing a fourth year of education. The Indian 3-year Bachelor’s degree is the most common 3-year degree to trigger an RFE because there are only twelve years of pre-college education rather than thirteen. Although 3-year degrees from India tend to have even more classroom contact hours than the US 4-year bachelor’s degree, CIS is hung up on that missing fourth year. If you or your employee or client has an Indian 3-year bachelor’s degree and you submitted the H1B petition without a credential evaluation, chances are you received an RFE regarding the candidate’s education. Even if you did submit a credential evaluation with the petition, you may have received an RFE anyway, and here’s why: Every visa has particular regulations surrounding what CIS will and will not accept for educational equivalencies. In addition, CIS approval trends change year to year. For example, in the past, we could write a classroom clock hours conversion breaking down the number of hours students spend in class for an Indian 3-year Bachelors degree. Then, we would use the Carnegie Unit conversion which converts fifteen hours of classroom contact hours into 1 hour of college credit. A US 4-year Bachelor’s degree contains a minimum of 120 credit hours. If the 3-year degree contained at least this many credit hours, the equivalency would work. This is not the case anymore. Now, the right credential evaluation for an H1B candidate’s 3-year degree uses a work experience conversion to account for the missing fourth year. CIS is VERY focused on that missing fourth year of education regardless of the intensity of education. Here’s how it works: Three years of progressive work experience in the field of your or your employee or client’s H1B job can be converted into one year of college credit. In this work experience, the candidate must have taken on more responsibility and tasks of greater specialization while at this job, proving that education occurred on the job. This conversion must be written by a professor authorized to grant college credit for work experience. At TheDegreePeople.com, we always have authorized professors on staff available to write these evaluations. If you or your employee or client received an RFE for a 3-year degree, don’t get too far on your response without a full analysis of your situation and all of your options moving forward. Let us review the case. Simply go to ccifree.com and submit all of the educational documents and a current, accurate resume and we will get back to you within 24 hours with your pre-evaluation, full analysis, and all of your options. 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, RE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

RFE Alert: Did you submit the right evaluation for the wrong visa?

  • Did they ask about the candidate’s job?
  • Did they ask about the candidate’s visa?
  • Do they regularly work with RFE cases?
  • The right credential evaluation agency will ask the right questions, work regularly with RFE, and follow CIS approval trends. If the answer is no to any or all of these questions, it is likely that you had the right evaluation for the wrong visa. While the evaluation may be accurate, it still did not met CIS requirements for H1B eligibility. For an H1B visa, the candidate must hold the equivalent of a US bachelor’s degree or higher in the exact field of their H1B job. For three-year bachelor’s degrees or for degree that don’t exactly match the field of employ, you need a credential evaluation to fill in the eligibility gaps. CIS will not accept classroom clock hour conversions to hours of college credit. The fourth year must be accounted for with a progressive work experience conversion of three years of work experience to one year of college credit in the field. The right credential evaluation agency will keep one eye on the education and the other on CIS. That’s what we do at TheDegreePeople.com. If you or your employee or client received an RFE for an education situation, let us help you for free. Simply hit go to ccifree.com and submit the educational documents and a current, accurate resume. We will get back to you within 24 hours with a pre-evaluation, full analysis, and all of your options moving forward. 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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

    Overturn an H1B Nightmare RFE in Three Steps

  • Read it.
  • Sit down with your team and read through the entire RFE carefully. Look at the documentation and evidence that you are being asked to provide. Don’t panic, you won’t have to provide the virtually impossible amount of evidence in the virtually impossible amount of time the RFE states.
    1. Put it down and go back to the original H1B requirements.
    This RFE will not tell you how to answer it. The second step is to put the RFE down and return to the initial H1B requirements. In looking at the original H1B requirements in light of the evidence and documentation being requested, you can get a sense of what underlying questions CIS is really trying to answer in requesting the evidence indicated. Answer those underlying questions and you won’t need to jump through the impossible amount of hoops the Nightmare seems to require. Remember, the candidate’s job must be a specialty occupation requiring a US bachelor’s degree or higher or its foreign equivalent to perform. The candidate must hold that degree in the exact field of employ or its foreign equivalent. Your client’s employer must be economically viable and pay the H1B worker the prevailing wages for that job for a company of that size in that geographical location. The candidate and the employer must also have an employer-employee relationship in which the employer can hire, fire, promote, pay, supervise, and otherwise control the candidate’s work. Find out which of these requirements were not clearly met, and provide the evidence to fill in the gaps left open in the initial petition.
    1. Go to CCIFREE.COM for a free consultation on how to best proceed.
    Visit us for a free consultation on your education situation, or the situation of your employee or client. Oftentimes, what was missing in the original petition was a credential evaluation – or the RIGHT credential evaluation. If you or your employee or client has a degree from outside of the United States, incomplete college, or a degree in a generalized field or field that does not exactly match the H1B job, a credential evaluation is needed so CIS can clearly see the value of the education. Oftentimes, a credential evaluation agency will write an accurate evaluation, but not take the nuances of the H1B visa into account. If you’re wondering why you, or your employee or client got an RFE even though you submitted a credential evaluation, this may be your situation. Did the agency ask about the job or visa? These are two essential components of writing the RIGHT credential evaluation for the H1B visa. Are you staring down a Nightmare RFE? We can help. Simply go to ccifree.com and submit the candidate’s educational documents and a current, accurate resume and we will get back to you within 24 hours with a full pre-evaluation and analysis, and all of your options moving forward. 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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.  ]]>

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