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When USCIS finds one issue in an H-1B petition, they tend to find more.  That’s because an RFE issue raises a red flag that triggers a close scrutiny of the rest of the petition.  The most common Double RFE we see is the Specialty Occupation + Wage Level Issue RFE.

In this case, Wage Level tends to trigger Specialty Occupation, and this Double RFE has hit computer programmers the hardest.  Here’s how it works:  USCIS sees that the job is set at level one wages, and so they assume that it is an entry level position.  Then, they go to the US Department of Labor’s Occupational Outlook Handbook and read the passage for the entry level position.  Often, these entry level positions NORMALLY require a minimum of a bachelor’s degree to be hired, but NOT ALWAYS.

USCIS has been caught illegally adjudicating specialty occupation based on “ALWAYS” instead of what the regulation actually, reads, which is “NORMALLY,” thereby making the exception the rule of determination.  This makes H-1B employees starting at level one wages especially vulnerable to the Double RFE.

If you, or if your employee or client is at this wage level – ESPECIALLY if the job is computer programmer – you need to make it very clear that the wage level is set appropriately.  Explain all of the factors that went into the wage level determination, along with the wage level for the same position at different companies in the industry and geographical location of the H-1B job.  You also must be clear that the job requires theoretical and practical application of skills and knowledge learned in a bachelor’s degree program in the field of the H-1B job. 

Along with this additional documentation, include an expert opinion letter written by a professional with extensive experience working in the field of the H-1B job.  This expert should have experience hiring employees to the position in question.  This letter can address both specialty occupation and wage level issues.  You must provide as much evidence and documentation as possible so the expert can write a strong letter to lend authority to your case.

At CCI, TheDegreePeople.com, we work with experts in all H-1B fields to write the letters applicants need to address these issues before they turn into RFEs.  Applicants that come to us for case reviews and expert letters for their initial petition do not come back with a Double RFE.  At the same time, we have seen that Double RFEs are successfully answered over 90% of the time with this added documentation and expert opinion letter included in the response. 

USCIS faced litigation last year, which included three separate judicial rulings against them for wrongly denying H-1B visas.  USCIS knows that these petitions may end up in front of judges.  When you file the initial petition or RFE response, make sure it is air-tight and clearly shows that H-1B eligibility requirements are met, and taking USCIS adjudication trends into account. 

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 executive director of CCI, TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

When USCIS finds one problem with an H-1B petition, they usually find more.  One RFE issue opens the door for close scrutiny of the entire case, and that is how we get situations like the Nightmare RFE.

This RFE is virtually impossible to answer by its own guidelines in the given timeframe and includes absolutely everything.  That’s why this RFE is also called the Kitchen Sink.  How can beneficiaries answer an RFE like this?

The answer is to not get caught up in the wording, but instead go back to the original H-1B eligibility guidelines and work from the ground up based on the guidelines themselves and USIS approval trends.  This means strengthening all areas of the case with additional evidence and documentation to address employer-employee, wage level, and specialty occupation issues.  Include a credential evaluation that closes any gaps between the H-1B beneficiary’s education and the H-1B job, and include an expert opinion letter that strengthens specialty occupation and wage level areas.  For consulting firms and similar companies, include a complete itinerary of the H-1B employee’s work for the entire three-year duration of the visa, along with client contact information.

The more information you can provide in the initial petition, the better chance you have of preventing the Nightmare RFE.  That means including an expert opinion letter, credential evaluation, and work itinerary in the initial petition.  It is essential to keep an eye on USCIS approval trends when crafting the initial petition.  At CCI TheDegreePeople.com, we pay close attention to USCIS approval trends and advise our clients based on common RFE and Denial triggers.  A strong, clear, and well-documented case is the best defense against the Nightmare RFE.

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 executive director of CCI, TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

While specialty occupation, wage level, and employer-employee issue RFEs have been all the rage since 2017, the classic 3-Year Degree H-1B RFE has not gone away.  H-1B beneficiaries with 3-year bachelor’s degrees earned outside of the United States consistently receive RFEs and Denials for the missing fourth year of college. 

Even though the Indian 3-year bachelor’s degree has the same – if not greater – amount of classroom contact hours as the US 4-year bachelor’s degree, beneficiaries with this degree are consistently hit the hardest.

If you, or if your employee or client has a 3-year bachelor’s degree, the petition will run into issues virtually every time unless you take the one preventative step that works.  That means submitting a credential evaluation with the initial petition that includes a work experience conversion to account for the missing fourth year of college.  With the evaluation, three years of progressive work experience in the field of the H-1B job can be converted into one year of college credit towards a major in that field provided the evaluation is written by a professor with the authority to issue college credit for work experience.

What is progressive work experience?  For work experience to be considered progressive, it must be shown that throughout the duration of the job, the nature of the beneficiary’s work became increasingly complex with increasingly specialized skills.  This shows that education and professional development occurred on the job. 

The right credential evaluation must take the job, the education, and the nuances of H-1B visa requirements into consideration.  If you call a credential evaluation agency and they do not ask about any one of these three factors, hang up and look elsewhere.

Submitting a credential evaluation with a work experience conversion with the initial petition is the best way to avoid these issues.  If it’s too late and you’ve already received the RFE, including this evaluation and work experience conversion with the response is the best way to get that RFE overturned.  At CCI TheDegreePeople.com we work with these cases every year, and our method of writing a credential evaluation with work experience conversion tailored to each beneficiary’s unique situation works virtually every time to get the RFE overturned.

If you, or if your employee or client has a 3-year bachelor’s degree, do not submit that petition or RFE response without the right credential evaluation and work experience conversion.  Let us review your case for free.  Visit www.ccifree.com and we will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the executive director of CCI, TheDegreePeople.com.  She specializes in overturning RFEs and Denials for work visas.

The second quarter of FY2020 brought a slight increase in H-1B RFE rates to 35.8%, which is up 0.5% from FY2019’s second quarter.  By the same comparison, H-1B approval rate jumped up 4% to 87.1%.  The rate of approval following an RFE is 68.2%, which may seem low, but is a 10% increase from this time last year.

Over the course of the past year, there have been three decisive judicial decisions penalizing USCIS illegally denying H-1B visas.  These numbers show us that USCIS is sticking with its strict – and in many cases, illegal – approval trends.  We expect this litigative trend to continue until the RFE rate drops. 

What does this mean for H-1B applicants and their sponsors?  Anticipate common RFEs.  Specialty occupation, wage level, and employer-employee relationships have become some of the most common RFEs since USCIS began misreading their own approval rules. 

Specialty Occupation

USCIS defines a specialty occupation as normally requiring a minimum of a bachelor’s degree to perform.  Since 2017, USCIS has been adjudicating this as ALWAYS instead of NORMALLY, making the exception the rule.  If you have, or if your employee or client has a job that list listen in the Department of Labor’s Occupational Outlook Handbook as usually but not always requiring this minimum advanced degree, you need to provide additional evidence about the specific job in question.  This evidence must show that specialized skills and understanding is needed and how it is applied in the day-to-day duties and responsibilities of the job.  Along with this, an expert opinion letter is advised to lend authority and analysis to the additional evidence and documentation provided.

Wage Level

H-1B employees with low wage level starting salaries have run into trouble in recent years.  This is because USCIS has been associating level one wages with an entry level position in the adjudication process.  If the entry level position does not always require the employee to have a bachelor’s degree, the petition receives a double RFE for specialty occupation and wage level issues.  To prevent this issue, include a detailed breakdown of the factors that went into setting the wage level to show that it was set appropriately for the position, and set at the prevailing wage.  The same expert opinion letter than can prevent or address the specialty occupation issue can and should incorporate any wage level issues anticipated.

Employer-Employee Relationship

Employers now must prove that there will be work for the H-1B employee throughout the duration of the H-1B visa period of three years.  This can be difficult for consulting firms, which is why in past years this was not a requirement.  Now, petitions that do not have a complete itinerary of projects, clients, and client contact information are receiving employer-employee relationship issue RFEs.  We advise that employers work with their clients to create an itinerary that covers the entire three-year duration and include this with the initial petition. 

While 87.1% of initial petitions were approved in the second quarter of FY2020, only 68.2% of RFEs were overturned.  The best way to beat an RFE is to prevent it.  Do not file without a complete review of your case to see where additional evidence and documentation – including credential evaluations, expert opinion letters, and work itineraries – are needed.

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

Sheila Danzig, EdD

Sheila Danzig is the executive director of CCI, TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

Is studying for a test cheating?  No!  Is editing a book necessary?  Always!  Same goes for an H-1B petition.  Reviewing the case for potential adjudication problems is an essential step to preventing an RFE.  RFEs are time consuming, costly, and can lead to a second or third round of RFEs, delaying the work start date and throwing a monkey wrench in the sponsor’s workflow.  The best step to answering one is to avoid getting one in the first place.

Having one issue in a case is a big red flag that triggers a closer scrutiny of the rest of the case.  This is where Double RFEs, the Nightmare RFE, and other difficult RFEs that are virtually impossible to answer by their own guidelines in the timeline required.  Common educational issues often boil down to filing without a credential evaluation to fill in gaps between the education a beneficiary has, and the exact degree major of the H-1B job.  For example, applicants with degrees in fields that do not match the H-1B job title run into trouble.  Applicants with degrees earned outside of the United States run into trouble, especially with three-year bachelor’s degrees.  A unique credential evaluation that takes years of education and progressive work experience into account to write a valid equivalency for a degree that is an exact match for the job title will prevent an RFE.

Sometimes, applicants have education from unaccredited universities, or through no fault of their own have forged documents.  These problems will most definitely raise red flags.  A review of your case will expose these problems to you before USCIS sees them.  In these circumstances, a work experience conversion combined with any accredited education the applicant has can address the issue before it becomes an RFE trigger.

Other issues include specialty occupation issues for borderline jobs that usually – but not always – require a bachelor’s degree or higher, wage level one, or there is not a complete itinerary of work for the three-year duration of the H-1B visa.  These issues can be addressed before they become RFEs if they are caught in a review of your case.  That is why we offer free reviews and consultations for H-1B visa cases.

For a free review of your case, visit www.ccifree.com.  We will respond in 48 hours or less.

The mad rush to file work visas is here, and to help essential workers and first responders get on the job in haste we are offering free document evaluations for those with a foreign degree.  

An estimated 6 million immigrants already work essential jobs and immigrants make up one-sixth of the overall US health care workforce.  New proposed legislation recaptures visas for health care workers and expedites processing of temporary and permanent work visas for health care workers and essential business workers.  At the same time, increased demand for and high turnover rate for first responders have far exceeded what the US workforce can provide.  Essential businesses – especially those along the food supply chain – have increased hiring to meet overwhelming demands.

The HEROES Act, which is currently circulating through the legislature, prompts visa applicants to move fast to file.  This legislation would expedite temporary and permanent work visa processing for health care workers.  It also includes extending work authorization for undocumented workers in essential industries including health care, farm workers, food processors, and first responders.  The Department of Homeland Security would be directed to relax regulations governing H-2A and H-2B visas as well.

The related proposed Healthcare Workforce Resilience Act that is set to recapture 40,000 green cards for nurses and physicians limits time to file to 90 days after the termination of the President’s COVID-19 emergency declaration.  Similar limits to file under these expedited and relaxed conditions is expected.  That means it’s time to file. 

CCI TheDegreePeople.com is here to help our essential workers and first responders.  For the entire month of June, we are offering FREE document evaluation for those applying for these jobs with foreign degrees.

For more information, visit our website www.TheDegreePeople.com.  For a free review of your visa case visit www.ccifree.com.  We will respond to you in 48 hours or less.

The United States healthcare system had been experiencing a severe shortage of registered nurses and primary care physicians long before the COVID-19 crisis.  At the same time, hundreds of thousands of foreign nurses and doctors who want to work in the United States are prevented from doing so by long green card processing periods that can take years, and restrictive per-country quotas.  The purpose of the Healthcare Workforce Resilience Act currently circulating through the legislature is to alleviate long delays and remove per-country quotas.

US Senator Dick Durbin, one of the key proponents of this bipartisan bill explains, “One-sixth of our health care workforce is foreign-born.  Immigrant nurses and doctors play a vital role in our health care system, and their contributions are now more important than ever. […] This bipartisan, targeted and timely legislation will strengthen our health care workforce and improve health care access for Americans in the midst of the COVID-19 pandemic.”

With this legislation, 40,000 unused immigrant visas would be recaptured for use by 25,000 nurses and 15,000 doctors and remove per-country quotas in regard to these recaptured visas.  The State Department and the Department of Homeland Security would be directed to expedite processing for these visas.  The filing period is 90 days following the COVID-19 emergency declaration’s termination.    Current immigration numbers would not be increased by this legislation, and employers would have to attest that no American workers were displaced by hiring foreign workers.  This should not be difficult to do considering the statistics:

Currently, over 80 million Americans live in areas that have less than one primary care physician for every 3500 people.  Nationally, only 55% of the need for primary care is met.  The US Bureau of Labor Statistics reports that 200,000 new registered nurses will be needed every year through 2026, which is far more than annually graduate from US nursing schools.

At CCI TheDegreePeople.com, we are pleased to see bipartisan support for this legislation and the recognition that healthcare in the United States depends on foreign-born skilled workers, as well as the need for swift green card processing time.  We will be keeping an eye on this legislation as it progresses.

We are fully operational with our full staff working remotely, and are waiving 72-hour rush delivery fees on academic evaluations and expert letters for the month of May.  For a free review of your case visit www.ccifree.com.  We will get back to you in 48 hours or less.

The coronavirus outbreak caused unemployment in the United States to jump to 14.7%, with 20.5 million people losing jobs in just the month of April.  With businesses closing left and right, international travel banned and restricted for many countries, and the new 60-day Green Card ban that began April 23^rd, many H-1B and I-140 employees and their families are facing a confusion, stressful, and impossible situation.

At CCI TheDegreePeople.com, we always do our best to face impossible situations armed with up to date information and find a range of solutions that work.  Here are some of the most common questions we have been getting over the past month; we hope our answers can shed light on your situation, and help you find the solution that works best for you.

Will I be impacted by Trump’s Green Card Ban?

If you were in the United States on April 23^rd and have an I-140 petition, this will not affect you.  Those already in the United States seeking permanent residence will not be impacted by this ban, and the ban does not currently impact those with H-1B visa status.

COVID-19 has affected my job, but I want to retain my status and employer.  What are my options?

H-1B employees who want to keep their status but cannot work due to COVID-19 are not eligible to apply for unemployment and cannot be laid off and retain H-1B status.  Employers do have options for retaining H-1B workers during this pandemic.  H-1B employees can be benched with salary or furloughed.  Since H-1B rules require employers to give H-1B workers the same benefits as US nationals they employ, medical leave and paid time off may also be options available for H-1B workers who want to retain H-1B status with their current employer.

I was laid off from my H-1B job due to the COVID-19 pandemic, but I have an I-140 petition and am on EB backlog.  What are my options?

If you are currently in EB-3 or EB-2 backlog and you have lost your H-1B job due to COVID-19, you can file an Employment Authorization Document under the category of compelling circumstances.  This can be renewed annually.  However, you should not rely on COVID-19 to be your compelling circumstance.  Definitely include this reason when you file your document, but use another reason for the primary compelling circumstance. 

If your H-1B employer still wants to sponsor your green card and has filed an I-140 on your behalf, but had to lay you off from your H-1B job, they can still continue with your I-140 since it is based on prospective employment.  When your employer can rehire you, they can file another H-1B petition on your behalf which will not be counted against the cap, and you will able to apply for three-year extensions, even beyond the limit of six years.

If have H-1B status and your I-140 employer had to close or remove your position due to COVID-19, you can still retain your priority date with a new I-140 employer.  This new employer can file an H-1B petition on your behalf in the meantime, and this petition will not be counted against the cap.  You will be able to apply for three-year extensions beyond the six-year limit.

Your H-1B employer also has the option to bench you with salary, furlough you, or give you paid time off or medical leave, or any applicable CARES Act payroll protection assistance they qualify for and have received.

I was laid off from my H-1B job due to COVID-19 and want to stay in the country, but do not have an I-140.  What are my options?

You have a 60-day grace period to stay in the country under H-1B visa status.  If you spent time outside of the United States during the H-1B period, USCIS offers buyback time which you can also use to cushion yourself for your next move.  If possible, you can find another H-1B employer and your new petition will not be counted against the cap.  Other options include changing to B-1 temporary business visitor visa status, for F-1 if taking this time to further your education in the United States is a good option for you and your family. 

I was laid off from my H-1B job and want to leave the country but cannot leave due to international travel restrictions.  What are my options?

This is the sticky situation many have found themselves in.  Remember, you have a 60-day grace period and you may have buyback time, but this will only get you so far in these uncertain times.  We recommend you request a change of status to B-2 visitor before your grace period is up, extending your stay for six months through filing a Form I-539. 

We are happy to help you find the answers to any questions you may have regarding the impact of COVID-19 on your visa status.  If you must file another H-1B petition for a new employer or extension, time is of the essence.  For this reason, we are waiving 72-hour rush delivery fees for the month of May for expert letters and academic evaluations.  Our full staff is working remotely and fully operational, ready to help you 24/7.

For a free review of your case, visit ccifree.com.  We will get back to you in 48 hours or less.

With millions of American residents receiving $1200 stimulus checks, and millions more still waiting, thousands of foreign students and workers who filed taxes for 2018 or 2019 are receiving theirs – by accident.  And they don’t know what to do about it.

A survey of over 500 US universities at the end of April found that 43% of these schools had foreign students report that they wrongfully received $1200 stimulus checks.  The IRS has issued no guidance on how to return these checks, leaving their recipients to wonder if they should hang onto the cash to return later or just spend it fearing serious repercussions. 

Many of these people no longer even live in the United States.  The recipients of these mistaken stimulus checks are largely college-aged foreign students and workers who were in the United States on F-1 or J-1 visas and filed taxes for 2018 or 2019 via TurboTax, which is an e-filing program designed for US residents, not temporary students and workers.  Instead of filing the correct tax form 1040-NR, through TurboTax, they filed a 1040.  This glitch is common, with the majority of the country’s almost 400,000 J-1 visa holders not filing at all, or filing incorrectly by accident.  While the IRS rarely catches this glitch, this year it may have far-reaching consequences with stimulus payment recipients accidentally committing tax fraud.  Neither the IRS or TurboTax has issued any guidance on recipients can fix this.

F-1 and J-1 visa holders from 2018 and 2019 are not the only ones mistakenly receiving stimulus checks.  Marketwatch reported that thousands of deceased US residents who filed taxes for 2018 or 2019 before dying have been receiving checks.  The IRS has issued no guidance for surviving relatives who receive these checks either. 

With the intention of expediting the cash dissemination process, the CARES Act specifically states that if you receive too much money in your stimulus payment, it is considered a math error or clerical error on the part of the IRS and it does not need to be repaid.  However, it is doubtful those who received checks in error are off the hook. 

We anticipate the IRS will issue guidance soon on how to return mistaken stimulus payments.  In the meantime, we recommend holding off on spending until stated legal consequences become clear.

At CCI TheDegreePeople.com we are keeping up to date on all changes regarding US immigration, international education, and visa application.  Our full staff is working remotely and fully operational to provide 24/7 service for consultations, academic evaluations, and expert opinion letters. 

For a free review of your case, visit ccifree.com.  We will respond in 48 hours or less, and we are waiving fees on 72-hour rush delivery for expert letters and academic evaluations for the month of May.  

The notorious Nightmare RFE has been becoming more and more commonplace over the past few years as USCIS has been caught arbitrarily not approving H-1B visa petitions.  These RFEs find issue with virtually everything about the petition – the job, the education, the employer-employee relationship, the wage level, and sometimes even more.  By its own guidelines, this RFE is virtually impossible to answer in time.

At CCI TheDegreePeople.com we have been helping our clients answer these RFEs with an above 90% success rate for years.  How do we do it?  We don’t follow directions!

The trick to answering these RFEs is to not get caught up in the wording and specific demands, but rather to read it through, take a deep breath, and put it down.  Go back to the original H-1B eligibility requirements and build the case back up from there.  This means making sure if there are any gaps between the required education and the beneficiary’s education, include a credential evaluation that converts their education and work experience into the equivalency of the required degree in the required field.  This means including an expert opinion letter along with extensive documentation showing how the job meets specialty occupation eligibility requirements, and that the wage level is set appropriately.  This means including an employer letter and copy of the contract to show that the employer can control the work of the H-1B employee.  In recent years, USCIS has required employers to provide an itinerary of the projects the H-1B employee will be working on throughout the term of the H-1B visa, along with client names and contact information – this is something that petitioners must anticipate and be prepared to provide this if necessary.

Your answer to the Nightmare RFE will depend on your case, its strengths, and its weaknesses.  This is an opportunity to strengthen the entire case.  We can help you break it down into manageable steps and set realistic goals and milestones to successfully answer this awful RFE.

For a free review of your case visit ccifree.com.  We will respond in 48 hours or less.  We have a full staff, working remotely to ensure we can continue to deliver uninterrupted service.  72-hour rush delivery fees for academic evaluations and expert opinion letters are waived for the month of May.