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Even though USCIS is suspending premium processing due to COVID-19, we are not!  At CCI TheDegreePeople.com, we are operating with a FULL STAFF remotely and continue to honor our rush delivery schedules.

We anticipate USCIS will take longer than usual to turn visa approvals around.  This means it is more important than ever to get those petitions completed as soon as possible to allow enough turnaround time for employees to meet their October 1^st start dates this year.  When you file, it is important to anticipate and take steps to prevent any issues that may arise that could prolong adjudication period.  Education issues, specialty occupation issues, employer-employee relationship issues, wage level issues, and more have become increasingly common since the passage of the “Buy American and Hire American” executive order of 2017.  Cases that would never have run into trouble before 2017 are now receiving at least one round of RFEs before approval.

That is why we are waiving rush delivery fees for expert letters and evaluations for the month of March! 

Our rush delivery options include 4-Day Service, Next Business Day Service, and Special 12 Hour Service.  Our 12 Hour Service goes by clock hours, NOT by business hours.  We know that when it comes to visa application, time is of the essence.  That is why we make ourselves available to you 24/7 and offer a variety of delivery options to best suit your filing needs.

To get started, visit ccifree.com/ for a free review of your case. 

As of March 20, 2020, USCIS ceased accepting premium processing requests for I-129 and I-140 due to COVID-19 related issues.  This impacts H-1B cap-subject petitions, as well as H-1B cap-exempt petitions for FY2021.  No new requests will be carried out.

What does this mean for those who filed H-1B cap-subject petitions starting at the beginning of this month?  Expect delays.  This does not mean you can take your time.  Over the past few years, the rate of RFEs and Denials – and the rate of second and third rounds of RFEs – have seen a sharp increase.  This caused many H-1B employees to start work late for FY2020, harming employer workflow.

This is even more reason to file your complete petition as soon as possible, with possible issues anticipated and prepared for with additional evidence and documentation.

All CCI TheDegreePeople.com staff are set up to work remotely, and our workflow has not slowed.  We are committed to on-time delivery and 24/7 communication through your preferred channel.  As always, we are offering free consultations to identify any weaknesses in your case, or in your employee or client’s case, and consult on how to best prevent subsequent issues.  Whether it’s a credential evaluation, and expert opinion letter, or additional documentation, we can help you determine how to best proceed.  It is more important this year than ever to get that petition right and airtight the first time to ensure an on-time start date.

For a free review of your case, or of your employee or client’s case, visit ccifree.com/.  We will respond in 48 hours or less.

This year, USCIS began opened electronic registration for H-1B visa cap-subject petitions on March 1^st and will continue to accept electronic applications through 12:00pm Eastern Time on March 20^th.

Employers filing on behalf of H-1B employees must create a myUSCIS online account to register and pay a fee of $10 per employee.  While each individual employee must be registered separately with a separate fee, all of this can be completed in one session, and employers can store and edit electronic registration drafts in their myUSCIS account throughout the registration period ending March 20^th.

It is expected that the number of electronic submissions will far exceed the H-1B cap of 65,000 visas for beneficiaries with US bachelor’s degrees or higher, and an additional 20,000 for applicants with US master’s degrees and higher.  This year, applicants with advanced degrees will get two rounds in the selection process, with the 20,000 advanced degree visas being chosen first and all applicants not selected entered into the subsequent general lottery.  USCIS says applicants selected will be informed by March 31^st, as that is their goal.

For more detailed information and access portals for electronic submission, go to uscis.gov/h-1b. 

Following notification, those selected will have 90 days to file the completed H-1B petition.  It is important to have this filed as soon as possible as we anticipate another year of record-high rates of RFEs, and multiple rounds of them.  Last year, many H-1B employees were prevented from starting work on time on October 1^st 2019 because they were still embroiled in the RFE response process, delaying workflow for their sponsors and their sponsors’ clients.  To prevent this from happening this year, file as soon as possible and anticipate RFEs by providing in the initial filing:

1. An expert opinion letter that addresses specialty occupation, wage level, and employer-employee relationship issues.
2. A credential evaluation uniquely written to address the beneficiary’s education, work experience, proffered position, H-1B educational standards and USCIS approval trends.

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.

This year, USCIS is implementing a new application process for cap-subject H-1B visa petitions for FY 2021.  This will be a two-step application process, and the first step begins NEXT WEEK on March 1, 2020 and runs through March 20.

H-1B petitioners must register with USCIS electronically and pay a $10 fee for every beneficiary applying for an H-1B visa.  An application for each H-1B worker must be submitted separately, even if working for the same employer.  If the number of applicants exceeds the number of annual cap-subject H-1B visas – which is extremely likely to happen – there will be an electronic lottery wherein 85,000 total applicants will be randomly selected to file completed H-1B petitions.  20,000 visas are allocated to beneficiaries with advanced degrees of US master’s degrees or higher or the degree’s equivalent, and applicants with US bachelor’s degrees or higher or its equivalent are eligible for the remaining 65,000 slots. 

What is also different this year is that those with degrees beyond a bachelor’s degree or its equivalency get two shots at the lottery.  The first 20,000 visas are selected, and then all applicants with these advanced degrees not chosen get a second chance to be selected in the general lottery.

For step-by-step instructions for how to register for the H-1B electronic application process that begins next week, reference https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process/.  The first step is to set up an online USCIS account.

USCIS states that all selected applicants will be notified by March 31, 2020.  Applicants selected will then have 90 days to submit their complete H-1B petitions, but USCIS will begin accepting completed petitions on April 1, 2020.

The sooner the complete H-1B petition is submitted the better.  For the past two years, applicants have been receiving record rates of RFEs, and record rates of second rounds of RFEs.  This has forced many H-1B employers to push back their employees’ start dates, which completely throws a monkey wrench in employers’ workflow, and the workflow of employers’ clients and customers.  The sooner your petition, or your employee or client’s complete petition is ready to submit, the better.  To prevent an RFE – or two, or even three rounds of RFEs – be sure to include in every complete petition:

1. A credential evaluation that closes ANY gaps between your education, or your employee or client’s education and the H-1B job.  This means that if the degree earned is in a different major than the field of the H-1B job, is generalized or incomplete, if there is no college degree or the degree was earned at an unaccredited school, or if the degree was earned outside of the United States, a credential evaluation written uniquely to address the beneficiary’s education, work experience, job, and visa requirements is necessary.
2. An expert opinion letter that validates that the job does in fact meet H-1B specialty occupation requirements, the wage level is set appropriately, and that the situation constitutes an employer-employee relationship.

At TheDegreePeople.com we have experts and credential evaluators on hand 24/7 to write the evaluations and opinion letters you need, or your employee or client needs to get that petition submitted as soon as possible.  We offer rush delivery options to meet your needs at reasonable prices, each credential evaluation is written uniquely and thoroughly researched, and all of our experts have extensive field experience.

For a free review of your case, or your employee or client’s case, simply reply to this email or visit ccifree.com/.  We will get back to you in 48 hours or less.

H-1B visa registration for the 2021 fiscal year begins in just over a week.  Sponsors must submit their employee’s electronic registration between March 1^st and March 20^th to be eligible for the H-1B lottery.

While it may be tempting to wait until you hear back from USCIS to get started on the complete petition, being ready to file as soon as possible is essential if you want your H-1B employee to start working on time.  The approval process can take months, especially if there are multiple rounds of RFEs to answer.  Last year, many H-1B workers were late to start due to delays with the visa approval process, which was a detriment to their employers’ business and workflow.

To make sure you, or your H-1B employee or client starts work on time on October 1^st, 2020, have the complete visa petition ready to file as soon as possible, and include one extra preventative step to avoid the Double RFE.  The Double RFE has become commonplace in the H-1B adjudication process and calls the specialty occupation and wage level into question.  Over the past few years, jobs that had never received RFEs questioning whether they met H-1B specialty occupation requirements received RFEs in unprecedented numbers.  Many of these RFEs were double RFEs that also questioned whether the H-1B employee was being paid the prevailing wage for the position.

To prevent this Double RFE – which may come in one or two rounds, stretching the process out for months into fiscal year 2021 – it is essential to submit an expert opinion letter with the initial petition.  This letter must be written by an expert in the field of the H-1B job with extensive experience working directly in the field.  This letter must address both how the H-1B position meets specialty occupation requirements, and that the wage level for the position was set appropriately with all factors taken into consideration.

At TheDegreePeople.com, we work with experts in every field who have over a decade of field experience and have held a wide range of positions spanning the industry, as well as positions of authority.  These experts have made hiring and wage level decisions and can lend validity to your case, or to your employee or client’s case.  This can be done with just one letter, with rush service options available.

As with every H-1B season, time is of the essence.  That does not change with the new application rules.  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.

What happens when you, or when your employee or client receives an H-1B RFE that calls into question the wage level, the specialty occupation, and the H-1B employee’s education?  This Triple Threat RFE is virtually impossible to answer within the time constraints by its own guidelines set forth in the RFE.

Coming up on this H-1B application season, it is essential to remember that many RFEs cannot be answered by their own instructions.  Then how does one answer the Triple Threat RFE?  By going back to the original H-1B requirements to make sure they are clearly met, explained, documented, and fortified with expert opinion

To meet H-1B eligibility requirements, the job must be a specialty occupation, meaning as a minimum requirement the H-1B employee must hold a US bachelor’s degree or higher, or its equivalency in the exact field of the H-1B job.  The employer must pay the employee the prevailing wage and provide the prevailing benefits for the H-1B position for companies of that size, in that industry, in that geographical location.

The first step is to address specialty occupation and wage level issues.  This can be done in just one expert opinion letter.  The trick with this is, you need to provide adequate documentation for the expert to write a detailed letter that clearly and validly answers all of USCIS’ questions regarding the job, and the expert must have extensive experience working in the field of the H-1B job, not simply be an instructor.

Second, to address any educational questions USCIS has, you need, or if your employee or client needs a detailed credential evaluation uniquely written for your situation, or for your employee or client’s situation, taking into consideration the education completed, progressive work experience in the field, the H-1B job, the H-1B visa, and USCIS approval trends and precedents.  Any gaps between your education, or your employee or client’s degree and the H-1B job must be closed, and if the degree was earned outside of the United States, a credential evaluation is virtually required to prevent or answer an RFE.

At CCI TheDegreePeople.com, we have worked with Triple Threat RFE cases over the past few years with the highest rate of success in overturning them.  However, the best way to answer any RFE is to prevent it in the first place.  Make sure all possible vulnerabilities in your case are addressed before you file. 

For a no-charge and no-obligation review of your case by our visa experts at CCI TheDegreePeople.com visit ccifree.com or simply reply to this email.  We will get back to you within 48 hours.

The H-1B cap-subject application timeline has shifted for the FY2021 petition season starting this Spring.  On March 1^st, electronic application opens and H-1B sponsors must register all potential H-1B workers electronically.  Registration will be open until March 20^th and if the number of applicants exceeds the number of annual H-1B visas available – which we can almost GUARANTEE will happen – there will be a lottery.  Those selected in the lottery will then have 90 days to submit their complete petition.

This timeline comes with the trap of a false sense of time leniency.  For the past two years, we have seen rounds and rounds of complex RFEs and Denials instead of outright approval for cases that have historically been straightforward green lights.  If you, or if your employee or client is selected, you need to be ready to submit the completed petition with all additional evidence and supporting documents as soon as possible to ensure they have the right to work in the United States on their start date, October 1, 2020.  Answering rounds of RFEs will likely lead to a late start date and interrupt workflow to the detriment of sponsoring employers.

All H-1B employees to be registered in March should have as much of their petition as possible completed, including supporting immigration forms, education and work experience documentation, and information regarding the sponsoring employer, the business, and the H-1B job. 

When the letter of confirmation arrives, file the completed petition as soon as possible and anticipate any possible issues right from the get-go.  That means including a credential evaluation that closes any gaps between the employee’s education and the degree requirement – a US bachelor’s degree or higher in the exact field of the H-1B job.  That means employees with incomplete college, a degree earned outside of the United States, or a degree in a field that is not an exact match for the H-1B job needs a detailed credential evaluation written uniquely for the candidate, the education, and the job.  This may require a progressive work experience conversion wherein three years of progressive work experience in the field of the H-1B job is converted into one year of college credit towards a major in that exact field.

To address wage level, specialty occupation, and employer-employee relationship issues – which ran rampant in the RFEs we encountered last year – an expert opinion letter is needed to address these concerns within the case before they turn into RFEs or Denials.  This letter must be written by an expert in the field of the H-1B job who has over ten years of field experience, has worked in the field in many different positions including supervisory positions and positions of authority, who has credibility in the field, and who has hired employees to the position in question.

Before you file, it is important to go over your case and identify possible areas of weakness.  USCIS approval trends and recently declassified USCIS memos have shown a massively increased burden of proof placed on H-1B applicants since 2017.  At TheDegreePeople.com, we follow USCIS approval trends closely and help our clients prevent and answer difficult RFEs every year.  Let us look at your case to see where you need to fortify it before you file.  We have experts in every field and expert credential evaluators ready 24/7 to help you get that H-1B visa approved.  We offer rush delivery options to ensure that you, or your employee or client gets to work by their start date.

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

This year, the H-1B cap-subject petition process will be a two-tiered approach.  Employers will first register H-1B employees electronically in March.  The lottery will then be conducted electronically, and applicants selected will then have 90 days to file their complete H-1B petition.

The electronic registration will take place from March 1^st to March 20^th, 2020, require basic information about the position, the candidate, and the employer, and cost a $10 registration fee. 

Due to the ease of entry, we predict there will see a significant rise in H-1B petitioners in March for the electronic lottery, making being selected even more competitive.  Candidates with advanced degrees – higher than a bachelor’s degree – have a higher chance of being selected, even more so than years past.  We also predict that the adjudication and RFE response period is likely to extend even beyond the past two years, and in some cases delay the start date for H-1B employees beyond October 1^st, 2020.

The only thing to be done to increase your chance, or your employee or client’s chance of being selected in the electronic lottery is to have a master’s degree or higher.  There is more your can do in the case that they are selected to file to ensure that they get to work on time.

Be ready to file as soon as possible after receiving notification that you were, or that your employee or client was selected for the lottery.  That means having the petition largely complete in March, having points of vulnerability in the case identified already, and have a strategy in place to prevent issues that may arise.  Since the burden of proof on the petitioner has increased, that means having extensive documentation showing the candidate, the employer, and the position meet H-1B requirements, and providing additional support such as a credential evaluation or expert opinion letter to address education, occupation, wage level, and employer-employee relationship issues.

While it may be tempting to take your time this H-1B season, do NOT fall into that trap.  Treat every potential petition like any other year to ensure business continues uninterrupted by an extended and costly H-1B adjudication process.

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

Employers fear that the new H-1B application process may cause H-1B employees to not be able to begin work on their start date of October 1, 2020, the first day of the fiscal year.

This year, significant changes to the H-1B cap-subject application process will go into effect.  In years previous, the entire H-1B petition was due the first week of April, and from there a lottery was conducted followed by the adjudication period.  Now, between March 1^st and 20^th, 2020, employers will submit H-1B employees names into an online registry to be selected for the lottery.  Applicants selected will then have 90 days to complete the filing.

With the traditional system, the initial filing process was typically complete by the first week of April.  Now, the initial filing will drag into late June and early July, followed by the adjudication process while now typically involves applicants having to answer at least one round of RFEs.  With this timeline, October 1^st comes up quickly and employers worry that their employees won’t have their work visa on time to start.  This could be a deterrent for companies to hire H-1B employees because the drawn-out visa adjudication process impairs their workflow by holding up their H-1B hires from starting their jobs on time.  However, there are steps H-1B applicants can take to prevent a late employment start date.

First, move quickly.  Be ready to complete the filing as soon as you get word, or your employee or client gets word that they made the lottery.  Have as much of the H-1B petition complete as possible by March.  That means starting now. 

Second, since the burden of proof on the petitioner has increased, that means anticipating any trouble your case may run into on the way.  This means including a credential evaluation if the H-1B employee earned their degree outside of the United States, has work experience instead of a complete degree, or has a degree in a field that is not a match for the H-1B job.  This also means including an expert opinion letter that addresses the employer-employee relationship, wage level issues, and specialty occupation issues.  All of these steps help to prevent RFEs or Denials that will further hold up the process, the employee start date, and the employer’s workflow.

Third, to find out where your case needs strengthening to prevent one or more rounds of RFEs, talk to us at CCI TheDegreePeople.com.  We offer free reviews and consultations of all H-1B cases to identify areas of vulnerability and what you need to do to address them BEFORE you file.

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

Over the past few years of Specialty Occupation RFEs, at CCI TheDegreePeople.com we have found that the most successful means of preventing and answering these RFEs is with an expert opinion letter. 

Understanding what the finished product looks like is helpful to understanding what you need to find and provide on the front end.  You need to find the right expert and provide the right information for said expert to write a thorough opinion letter.

When you get the opinion letter, it will include these aspects as written and analyzed by the expert:

–  A detailed breakdown of the position’s requirements, including experience and training in specialized areas, methods and technologies associated with the attainment of a US bachelor’s degree or higher.

–  A detailed breakdown of the job’s duties and responsibilities that highlight specialized training and knowledge, and how it is applied theoretically.

–  A detailed breakdown of the nature of the employer.

–  The minimum degree requirement for the proffered position and the minimum degree requirements for similar jobs, and related jobs and titles analyzed alongside USCIS specialty occupation eligibility requirements.

–  The O’Net Job Zone for the proffered position

–  A detailed list of the specific duties of the H-1B job and associated prerequisites to be able to perform these duties.

–  An ‘Authority to Write the Opinion Letter’ section which details the resume and credentials of the expert to show USCIS that their opinion holds authority and weight in the overall decision of whether or not to approve the H-1B visa. 

This expert opinion letter may also be written to include sections and information to address the issues of the employer-employee relationship, and of the wage level.  At CCI TheDegreePeople.com, our experts work all three issues into one letter to prevent RFEs relating to any of these common issues, and to address complex RFEs without needing separate letters and responses to each issue.  Don’t take the chance of submitting an H-1B petition this year without an expert opinion letter that addresses a range of possible RFE and Denial triggers. 

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