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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.

One of the most common RFEs H-1B applicants have faced over the past few years is the wage level issue RFE.  Beneficiaries working at wage level one are particularly at risk for this RFE because USCIS assumes that this indicates the position is entry level, and in some cases this call into question whether the proffered position meets specialty occupation requirements. 

As you can see, wage level issues quickly escalate into RFEs that cover a variety of issues that all must be answered.  Fortunately, all of these associated issues, along with the initial wage level issue, can be answered with one expert opinion letter from an expert in the industry with extensive experience working in the field, and with sending in additional supporting evidence.  This evidence must include a detailed breakdown of the factors that went into determining the wage level.

The three factors that determine wage level are the employee’s education and experience, and the level of supervision that will be necessary to ensure the job is performed properly.  In many cases in which a wage level is set at level one, the employee has the advanced degree required to be hired to the H-1B job, but not the experience required to work without a high level of supervision.  A big reason the H-1B program exists is to draw talented students from abroad to the United States for college and grad school with the option to stay and work after graduation on this dual-purpose H-1B visa.  For this reason, many who apply for H-1B visas have the education, but the not the experience, and therefore require a high level of supervision to start working the H-1B jobs they have been hired for.  These jobs meet H-1B specialty occupation requirements, meaning they require a minimum of a US bachelor’s degree or higher to perform, even though the initial wage level is set at level one. 

With changes to USCIS adjudication standards, the burden of proof placed on the H-1B applicant has increased exponentially.  If you, or if your employee or client is applying for H-1B visa status, there is a high likelihood that they will run into wage level or specialty occupation issues.  The best way to prevent this is with an expert opinion letter and any additional evidence that would otherwise be associated with answering an RFE.  At TheDegreePeople.com, we work with difficult H-1B RFE and Denial cases every year, and we can help you identify areas of vulnerability in your case, or in your employee or client’s case and determine which preventative measures will be most effective.

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

USCIS just announced that submissions to be entered into the electronic H-1B lottery will take place between March 1^st and March 20^th, 2020.  The submission fee is $10, and a completed petition is not required.

Applicants selected will have 90 days to complete the filing. If you, or if your employee or client is selected for adjudication for the cap-subject H-1B visas, you will need to be ready.  Over the past few years, specialty occupation, employer-employee relationship, and wage level issues have become common RFEs (and common second rounds of RFEs), even for cases with jobs that have historically never run into issues.  At CCI TheDegreePeople.com, we have seen the best route to success in preventing and answering these RFEs is with an expert opinion letter.

There are three aspects to the right expert opinion letter:

1. It must cover all areas of issue.  One letter can address all three issues at hand as they tend to be related, and one indicates the others may arise in a second round of RFEs.

2. You must provide a detailed breakdown of the tasks, duties, and responsibilities of the job, along with how theoretical and practical application of specific skills and knowledge that attainment of which is associated with having earned a US bachelor’s degree or higher or its equivalent is applied on the job.  You must also provide the ad for the job along with ads for the same job in similar companies to show the minimum educational requirement as an industry standard, as well as proof of past hiring practices, an analysis of the factors that went into setting the wage level, and an itinerary of the H-1B employee’s work for the duration of the H-1B visa.  This is a lot, and yes, the burden of proof on the petitioner has increased dramatically since the enaction of the 2017 executive order “Buy American and Hire American,” and yes, USCIS has been sued over changes made to the adjudication process without having basis in any regulatory changes.  This is the reality of what H-1B beneficiaries are now up against.  The more information you can provide the expert and USCIS, the better.

3. The expert must have extensive experience working in the field of the H-1B job, including having held many positions within the field and been involved in hiring candidates to the position of the H-1B visa.  Being an instructor in the field does not cut it for USCIS to take their opinion seriously.  This expert must have extensive field experience.

At TheDegreePeople.com, we work with the right kind of expert in every field.  They are on call 24/7 to write the opinion letter you need, or your employee or client needs to prevent or answer an H-1B RFE.  We will work with you to determine what information you will need to provide the expert and consult with you on your case to make sure all of your bases are covered.

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

USCIS has announced that starting in 2020, H-1B petitions will be filed in a new electronic manner that streamlines the process.

Between March 1^st and March 20^th, 2020, employers must register online to submit H-1B employees’ names into a lottery.  Through an electronic selection process, beneficiaries chosen will be given a registration number, through which they can submit full H-1B cap-subject petitions.  The application fee for the electronic lottery is $10, and full petitions subsequently submitted by those selected will require typical application fees that typically range from $1,000 to $6,000.   

There are benefits and drawbacks to this new method.

The stated purpose of this system is to streamline the petition process, saving employers and beneficiaries time and money that would otherwise be spent on preparing a petition that may have not even been selected in the lottery in previous years. 

The drawback to this is many fear that this process will open up the lottery to an even greater flood of registrants for the preliminary electronic lottery.  There are systems in place preventing the system from accepting multiple applicants from the same petitioner, this lower cost and resource threshold to get into the lottery cause petition rates to skyrocket.

At the same time, this fear may be unfounded.  Even if selected for the H-1B lottery, applicants only have 90 days to complete the filing and, for those of us who have dealt with the timeline for answering an RFE, this can be a time crunch. This does not leave time and resources for applicants to wait until the last minute to prepare the entire petition that only those who are selected can submit.  Also, along with this streamlined process, it is expected that employers will be required to provide a detailed itinerary of the work the employee will be performing, the clients, and the locations, for the duration of the H-1B visa.  This burden of proof has only increased since 2017 and is projected to continue to grow.

If you are planning on submitting an H-1B petition for yourself, or for an employee or client this H-1B season, don’t let the streamlined process lure you into waiting until the last minute to prepare the bulk of the completed petition.  Due to the USCIS crackdown, it is advised to include an expert opinion letter in the initial petition that lends weight to specialty occupation issues, wage level issues, and issues regarding the employer-employee relationship to strengthen the case and prevent an RFE or Denial.  This letter must be written by an expert with extensive work experience in the field, and not someone who has simply instructed in the field.  Any education issues must also be addressed in the initial petition with a credential evaluation.

At TheDegreePeople.com, we work with difficult cases every year, and we work with our clients to identify what additional evidence they will need to strengthen their case and prevent any issues that are likely to arise from their unique situations.

Don’t wait to find out if you, or if your employee or client made the lottery, and definitely don’t wait for an RFE or Denial to address weaknesses in the case.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.

Expert opinion letters have meant the difference between rejection and approval since USCIS adjudication practices surrounding various aspects of H-1B eligibility have changed.

An expert opinion letter can address wage level issues, specialty occupation issues, and employer-employee relationship issues, and your expert opinion letter ought to address all three in one.  However, even the right expert opinion letter, backed up with detailed evidence and documentation will fail if it is not written by the right expert.

In an expert opinion letter, the expert must prove their authority and credibility twice: first, in the section “Authority to Write the Opinion Letter,” and second with a detailed resume highlighting their credentials and extensive experience in the industry of the H-1B job.

The first thing to know about the RIGHT expert is that this person is NOT an instructor in the field.  A professor is great if you need college credit granted for work experience to address an education issue in an RFE or Denial, but not so much if you need an expert opinion letter, which chances are you do. 

The second think to know about the RIGHT expert is that they have over a decade (preferably over TWO decades) of experience working in the full range of the industry, have in-depth understanding of the skills, knowledgebase, methodologies, and technologies involved in the industry, and now have extensive experience in a role of leadership, supervision, and authority.  This breadth of experience shows that they understand the necessary requisite skills required of a new hire to perform the duties of a given position, within the context of the company and the industry at large.  The right expert understands what recruiters are looking for when they hire to the position in question, and are familiar with the responsibilities and functions of the position in question because they have worked in that position themselves, worked closely with those hired to that position, or have been an employer hiring for that position. 

With these qualifications thoroughly explained in the “Authority to Write the Opinion Letter” section, reinforced by a detailed resume at the end of the letter, USCIS will have the evidence they need to deem this expert credible and give weight to the opinion letter.  Remember, the expert opinion letter is not just about USCIS approving of the job and the beneficiary, but also about USCIS recognizing the authority and credibility of the expert to make an authoritative decision about whether or not the position in question meets the criteria for specialty occupation, whether the tasks, responsibilities, and duties of the job are in line with the job title and wage level indicated by the petitioner, whether the job in question constitutes and employer-employee relationship, and other aspects of the position and industry that may have been called into question in the Denial or RFE.

At CCI TheDegreePeople.com, we work with the RIGHT experts in all H-1B industries.  We provide one letter that covers all areas of issue in an H-1B petition, and we offer rush delivery options to meet the demands of H-1B RFE season.

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