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Four Tips to Successfully Answering an H-1B RFE

Credential Evaluation, immigration, Visa Approvals

an RFE is not a roadmap for success. USCIS is NOT trying to help you. Instead of looking at your RFE for answers, focus on H-1B requirements for guidance. If you, or your employee or client has received an RFE, here are four tips to successfully respond:

  1. Read the RFE thoroughly to understand what is being asked of you.
Sit down with your team, including an evaluator with experience working with RFEs for your client’s visa, read over the RFE word for word, and gain a detailed understanding of what is being asked of you, and WHY CIS is asking for the evidence requested. You only have one shot at responding to this, so you want to make sure you provide everything CIS is asking for at once, alongside a clear explanation of what it is and what is proves.
  1. Understand that sometimes the RFE materials requested cannot be provided.
Sometimes CIS requests evidence that cannot be provided in the time allotted to respond, or within the constraints of the budget, or sometimes even not at all. RFEs like the Nightmare RFE are virtually impossible to answer based on what is asked. With this in mind, it’s important to go back to the H-1B requirements and use these guidelines as the framework for your response. Work with a credential evaluation agency with experience responding to these kinds of RFEs because they understand the underlying questions CIS is seeking to answer in the evidence they are asking you or your employee client to provide. Sometimes you can’t meet the demands of the RFE. Even if providing the requested evidence is virtually impossible, answering the underlying questions is very much possible. In this case, all you have to do to respond successfully is to meet H-1B regulations, if handled properly.
  1. Understand H-1B education requirements.
Every work visa has different educational requirements, and different rules surrounding what education can be combined for US equivalency. For example, an H-1B visa requires beneficiaries to hold a US bachelor’s degree or higher or its foreign equivalent in the exact specialization of the beneficiary’s job position. If you or your employee or client has a foreign degree, or a degree in a mismatched specialization, you need a credential evaluation that clearly shows the value of your education and work experience, or your employee or client’s education and work experience in terms of US academic value. On top of that, you need to do this according to CIS approval trends for this particular visa. For example, a three-year bachelor’s degree from India needs a credential evaluation that converts years of work experience into college credit to account for the missing fourth year even if your degree, or your employee or client’s degree had the same or greater amount of classroom contact hours as a US four-year bachelor’s degree. Talk to a credential evaluation agency that works with professors with the authority to make the work experience to college credit conversion. Make sure the evaluator you work with has experience working with H-1B visa beneficiaries, RFEs, and difficult cases.
  1. MEET THE DEADLINE!
Make sure the RFE is answered by the deadline. Extensions are highly unlikely and filing after the deadline will likely result in the case being rejected. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.    ]]>

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Fall into an H-1B Education Trap? Fix that RFE!

Credential Evaluation, immigration, Visa Approvals

The degree came from a college or university that is not government accredited. Many institutions that provide a rigorous, quality education that fully prepare you or your employee or client for the specialty occupation he or she has been hired for are not actually government accredited. Two common examples of this situation are NIIT and Aptech. CIS will not approve unaccredited education. The “college” degree is actually a high school diploma. Yes, this happens. Attorneys: don’t listen to your clients when they insist that their high school diploma is a college degree. This tends to be an honest mistake that gets taken too far. Mistranslations, misunderstandings, and different educational systems from one country to the next cause a lot of confusion in this area. Different degrees are often called by the same name, which becomes a problem when transcripts and credentials are translated but not evaluated for academic equivalence. The H-1B visa requires a US bachelor’s degree or higher. A high school diploma does NOT meet these requirements. If your degree, or your employee or client has a degree from an unaccredited college or university, or no bachelor’s degree equivalence at all, talk to a credential evaluator with the authority to convert years of work experience into college credit. You may be able to salvage your case. The degree was not evaluated correctly. If your degree, or your employee or client’s degree is from a different country with a different language, the transcripts must be translated into English and evaluated for US academic equivalence. Sometimes, documents do not get translated correctly, or they are only translated but never evaluated. Sometimes, they are evaluated, but incorrectly. Sometimes they are evaluated correctly, but not for the H-1B visa. This H-1B trap is becoming increasingly common because some translation agencies now offer a sort of one-stop-shop for translation and evaluation. Just like document translation, evaluation is a highly specialized field that requires extensive knowledge of international education, international trade agreements, CIS precedent decisions, federal case law, and various visa requirements. This is because some visas allow education and experience from different sources to be combined to show equivalence while others do not accept that combination but require others. This is also because some degrees exist in one country but not in another, and others don’t have a direct English translation. Some degrees don’t call themselves degrees but are actually the equivalent of post-secondary education. Simply translating documents from one language to another means understanding of the academic content is lost. A credential evaluator can identify where this occurs and fix it. Each evaluation must be conducted on a case-by-case basis. Before you file your case, or your employee or client’s case, be aware that it may not be as straightforward as you think. Educational systems vary from country to country, and your degree or your employee or client’s degree may not be what you think it is in terms of US academic value.   At the same time, the right degree may be in the wrong field, or difficult to find a US equivalent degree for. Talk to a credential evaluator with experience working with H-1B visas and their RFEs. The evaluator you want understands the specific requirements of H-1B visas as well as CIS trends regarding these much sought-after visas. 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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Avoid an EB2 RFE Before You Have to Respond to One

Credential Evaluation, immigration, Visa Approvals

Why you do NOT want that RFE Aside from taking more time and money to address an RFE, an RFE is also a big red flag on the petition. When you get an RFE for a glaring error, it draws attention to the small mistakes that would have flown under the radar, and the more holes in your petition CIS finds, the more complicated your RFE will be to respond to. If you receive an RFE, don’t panic! Receiving an RFE can be transformed into an opportunity to strengthen your case, or the case of your client or employee. However, the best way to address an RFE is to avoid it in the first place. An RFE is by no means a rare occurrence. In fact, we see more and more RFEs every single year. At TheDegreePeople, we help clients with education RFEs, which are extremely common for the EB2 classification because CIS trends change with regards to educational requirements, especially from the prevalence of work visas in STEM industry companies, and also because equivalency requirements differ from other work visas. The first mistake petitioner commonly make is that the degree must be an EXACT match for the job offer on the PERM. In most cases, employers will hire employees with degrees in related fields because there is enough educational overlap that they can be sure the employee has the specialized skills and knowledge necessary to carry out the duties of their job. This is especially the case when the employee has years of work experience in the field alongside a degree in a related field. However, CIS disagrees. If the degree is not an exact match for the job offer on the PERM, you, or your employee or client will receive an RFE. To address this issue, you or your employee or client needs to have their education and work experience reviewed to write the equivalency of the necessary degree in the appropriate field, and submit that to CIS. The second mistake – which can also be made with regards to the equivalency in the first mistake – is that the petitioner’s bachelor’s degree must be a SINGLE source. This is particularly a problem when a petitioner needs a credential evaluation to write the equivalency for a degree in the exact field of employ, or if the petitioner holds a degree from a country with a three-year bachelor’s degree track. Other visas allow for work experience and different education sources to be combined to write the equivalency to the appropriate bachelor’s degree. This is not the case with EB2. The way we handle this situation is to convert years of progressive work experience into a bachelor’s degree equivalency or a master’s degree equivalency, and then cite federal case law, graduate school admissions requirements for programs in the client’s field, and provide other necessary documentation to fortify this equivalency. If you, or your employee or client receives an EB2 RFE, talk to a credential evaluation agency with extensive experience working with specific visas, and international education experts on hand. If you call and the agency does not ask about the particular job or visa, look elsewhere. While they may be able to write an accurate equivalency, they will not be able to write the accurate equivalency that you or your employee or client needs to fulfill the unique requirements of the EB2 visa. If you have yet to file, make sure your petition, or your employee or client’s petition does not fall into one of these common EB2 education traps. Don’t give CIS an excuse to issue an RFE. Get it right the first time. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.  ]]>

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What’s the Scariest H1-B RFE Out There? The Kitchen Sink!

Credential Evaluation, immigration, Visa Approvals

  • Evaluation of Training and/or Experience by a College Official: Submit an evaluation form from an official who has authority to grant college-level credit for training and/or experience in the specialty of a Graphic Designer.  The evaluation must be from an accredited college or university that has a program for granting such credit in the field of study based on an individual’s training and/or work experience.
    •  
    • Note: College or university professors writing evaluations as consultants on behalf of private educational credentials evaluation firms with not satisfy this requirement as regulations limit the scope of their evaluation only to foreign education.
     
    • The evaluation by an official, preferably the Registrar of a college or university must be on behalf (on the letterhead) of the college or university where they are employed and have authority to grant college credit for training and/or experience.  A private educational credentials evaluation service may not evaluate an alien’s work experience or training; because these regulations limit the scope of educational credential evaluators to evaluating only foreign education.
     
    • Professors writing evaluations as consultants may, in the alternative, be considered as recognized authorities if they can clearly establish their qualifications as experts; provide specific instances where past opinions have been accepted as authoritative and by whom; clearly show how conclusions were reached; and show the basis for the conclusions with copies or citations of any research material used.
     
    • This evaluation should describe the material evaluated and establish that the areas of experience are related to the specialty.  Resumes or Curriculum Vitae alone are usually insufficient to satisfy this requirement.  Also, provide a letter from the Registrar of the institution (on the institution’s letterhead) to establish that the particular evaluating official is authorized to grant college-level credit on behalf of their institution, and that the evaluator holds a bachelor’s degree in the field of study he or she is evaluating.  Further, provide written verification or other documents or records to clearly substantiate that the evaluator is actually employed by the claimed college or university. 
     
    • Provide copies of pertinent pages from the college or university catalog to show that it has a program for granting college-level credit based on training and/or experience.  Merely stating in a letter that the school has such a program is insufficient.  The program must be clearly substantiated.  Further, CLEP and PONSI equivalency exams or special credit programs do not satisfy this requirement because the regulation requires that the beneficiary produce the results of such exams or programs in order for them to qualify.  Also, training or experience derived from internship programs may not satisfy this requirement unless you can establish that the experience or training claimed was gained through enrollment in the particular college or university’s internship program.
     
    • Moreover, provide evidence to show the total amount of college credit the Registrar or evaluator may grant for training or experience as part of the program.  The evaluator may provide copies of the evaluation made by a school official, preferably the Registrar, which clearly shows how the alien met the college or university’s program requirements and how much possible college credit the alien may be granted for his or her training and experience.
      Trembling yet? This RFE is virtually impossible. We’re not sure what triggers it, and we’re not sure that CIS even has the right to ask this of anyone. Even if it were possible to gather every last bit of evidence and documentation this RFE asks of candidates, with the number of agencies and individuals you would have to go through, there is literally no way this could be done in time to answer the RFE. Not to mention the cost would be enormous. At TheDegreePeople, we see a handful of these RFEs every year and we know of NO ONE who can actually meet all of the demands in this RFE. We DO, however, know how to respond to it. Instead of looking at this RFE in terms of the documentation it asks for, we look at what CIS is really trying to determine with the demands they make. We answer the underlying questions backed up with evidence and documentation. With a slightly different approach and a new credential evaluation, roughly 95% of all of the Kitchen Sinks that come across our desks are approved. It’s a seeing the forest through the trees approach – take a step back and look at the big picture. Since we work with difficult cases and RFEs on a regular basis, and follow CIS approval trends very closely, we know what the forest looks like. If you, or your client or employee receives the Kitchen Sink, take a deep breath and a big step back. Don’t get thrown off course by getting caught up in the wording. Keep in mind what needs to be done to meet the original H-1B requirements and make the changes to the case necessary to meet these requirements. The answer to this RFE is not in the Kitchen Sink. Consult with people who have encountered the Kitchen Sink before and know how to navigate it. 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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    H1B RFE Season: How to Get Through Approved!

    immigration, Visa Approvals

  • Easy to communicate with. They should answer when you call, respond to your texts and emails, and answer your questions with confidence.
    1. Follows CIS approval trends. The person you want writing your evaluation knows what CIS is looking for. CIS trends change, and an evaluation that worked last year may not work again this year. As in any job, the best professionals are the ones who keep on learning and changing with the industry.
    1. Works with RFEs and Difficult Cases regularly. You got an RFE. You want to work with someone who works with people in your situation and consistently achieves the outcome for others that you want for yourself.
    Don’t let RFE season get you down. You are not alone in this, and there are plenty of helpful professionals who are happy to consult with you on your case. Good luck!! About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.  ]]>

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    H-1B Lottery Brought Under the Freedom of Information Act

    immigration, In the News, Visa Approvals

  • How does the electronic selection process work?
  • How does the process for rejecting or accepting a petition function?
  • How does CIS determine how many petitions to select for the lottery, and how does CIS determine when they have reached the limit for petition approval?
  • How does CIS track visa numbers?
  • Does CIS actually allocate all of the visa numbers available?
    • Unless major immigration reform happens to significantly increase the number of H-1B visas available annually, the lottery is here to stay. That means it needs to be made public record how it works. Candidates and their employers and lawyers have no control over whether or not any given petition is selected, but checking the process to ensure that it is up to statutory standards, and as impartial as it claims to be is necessary for accountability. If your petition, or your employee or client’s petition is selected, it must be impeccable. CIS selects more petitions than there are H-1B visas available in the lottery process, then reviews the petitions they receive. That means they are looking for red flags, and many petitions must be rejected as part of the process. It is imperative that you get it right the first time. While RFEs can be answered, it is always best to prevent getting one in the first place. If your education, or your employee or client’s education is from outside of the United States, never file without a thorough credential evaluation that clearly spells out the US equivalent of your client’s degree, with a specialization that matches their job offer. We see so many RFEs every year that could have been prevented simply by taking this step before CIS has to ask you, or your employee or client to do so. 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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