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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.

The past few years have not been easy on the H-1B program.  Now, over the next few months, new regulations surrounding immigration to the United States will be introduced that will continue to impact H-1B beneficiaries, the employers that hire them, and the lawyers who represent them. 

Next month, December 2019, DHS announced they will propose regulation changes that, “Revise the definition of specialty occupation” and “revise the definition of employment and employer-employee relationship.”  They also announced changes surrounding wage level requirements.

These announcements come on the heels of recently declassified USCIS documents that show restriction of H-1B visas since 2017 with no basis in regulatory changes.

The bad news is, they may get their regulatory basis for rejecting and issuing RFEs for the H-1B petitions they have already been targeting.  The good news is, we already have a basis of understanding for how to work with these proposed regulations should they be passed, because we have been fighting these Denials and RFEs for years now, and we have gotten very good at it. 

Specialty Occupation Issues

In recent years, the exception has become the adjudicating factor when it comes to degree requirements for specialty occupations.  For example, a now-common RFE magnet job, Computer Programmer, usually requires a minimum of a US bachelor’s degree or higher to be hired to that position.  Sometimes employers will hire employees to this position with only an associate degree, so now petitions for these jobs constantly face specialty occupation issues.  Borderline occupations that sometimes do not have the bachelor’s degree minimum requirement will need added documentation as to why the job requires knowledge and skills associated with the attainment of a bachelor’s degree or higher, including a detailed job description and breakdown of the duties, tasks, and responsibilities of the job, and an expert opinion letter.

Employer-Employee Relationship Issues

Over the past few years, USCIS has been requiring H-1B workers that work on projects or at third party sites to have a complete itinerary of the work they will be performing for the entire duration of their H-1B visa.  This has especially impacted IT consulting firms.  If this is the situation, a complete timeline that lays out which projects the H-1B employee will be working on, where they will be working, who they will be working for, and how their work will be controlled and supervised is necessary.

Wage Level Issues

H-1B employees with low wage levels have run into trouble the past few years for issues largely related to specialty occupation issues.  USCIS often will wrongly associate a low wage level with an entry-level occupation.  This is not always the case.  The H-1B program was created largely in part to provide jobs for international students who graduate from US bachelor’s degree programs.  Since these graduates have the skills and knowledge needed for the job, but not necessarily the work experience, they will need a high level of supervision to start, which factors into their starting wage level.  If this is your situation, you must include a detailed breakdown of the factors that went into setting the wage level accompanied by an expert opinion letter that provides analysis and veracity to this decision.

Even if these new regulation proposals do not become law, there is no guarantee that USCIS will not simply continue to adjudicate H-1B petitions based on these guidelines.  If you, or if your employee or client faces one of these situations, it is important to be prepared.  Understand the added documentation your case will need, and make sure to provide an expert opinion letter from the RIGHT kind of expert whose credentials USCIS will accept.

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

The Specialty Occupation RFE has become the scourge of H-1B hopefuls and their teams, and they are impacting occupations that had never been called into question before 2017. 

With the high rate of H-1B RFEs, it is important to understand what Specialty Occupation means, how the burden of proof as shifted in the past few years, and what USCIS is looking for as proof. 

There are four main categories that define a Specialty Occupation, and the H-1B job must fit in one of these categories:

1. The position must require a minimum of a US bachelor’s degree or higher or its equivalent.
2. It is an industry standard for this position to require a minimum of a US bachelor’s degree or higher.
3. It is an employer standard to require a minimum of a US bachelor’s degree or higher for this position.
4. The nature of this specific job is uniquely complex and specialized as to require whoever holds the position to have the skill and knowledge associated with having attained a minimum of a US bachelor’s degree or higher.

In general, it is advised to try to meet the requirements of at least two of these categories to avoid an RFE.

Since 2017, USCIS has started using the exception, instead of the norm, to justify rejecting H-1B petitions based on alleged specialty occupation issues.  The US Department of Labor Occupational Outlook Handbook is the main reference USCIS uses to discern if a job meets the first and second requirements.  In the past, jobs that typically required a US bachelor’s degree or higher, but not in all cases, would be approved.  Now, USCIS is adjudicating the exception as the rule.  That means if you, or your employee or client’s job is one of these “borderline” occupations, you need to aim for the third or fourth option as well to cover your bases.

If you, or if your employee or client’s job is specialized based on the third option, you need to provide documentation of past hiring practices and the ad for the job showing the minimum degree requirement.  It is also advised to address the fourth category and provide a detailed breakdown of the tasks and duties of the job showing how they require specialized skills and knowledge attained through having earned a US bachelor’s degree or higher.  If the job fits into the fourth category, you will need to provide this documentation as well.

For specialty occupation issues – whether you are filing an initial petition or refuting an RFE or Denial – it is advised to include an expert opinion letter from a professional in the industry of the H-1B job with extensive field experience.  The purpose of this letter is for the expert to lend their authority to your case, or to your employee or client’s case and explain why this particular job does require a minimum of a US bachelor’s degree or higher to effectively carry out its duties and responsibilities.  At TheDegreePeople.com we work with experts in every H-1B field, and it is the most effective strategy we have seen to prevent and successfully overturn H-1B specialty occupation RFEs.  For a free review of your case visit ccifree.com/. 

IT professionals have been hit the hardest by current USCIS policy changes to restrict the H-1B program without statutory basis.  In 2015, the Denial rate for H-1B petitions was just 6%.  This year, that number has reached 24% across industries, but IT companies have been hit the hardest.

Twelve IT companies that saw Denial rates of just 2-7% in 2015 now report Denial rates over 30%.  Prominent IT company Infosys saw a jump in H-1B Denials from 2% in 2015 to 45% in FY 2019.  Even major tech companies saw exponential increases in Denial rates from 2015%.  Amazon jumped from 1% to 6% and Intel jumped from 1% to 8%.

The National Foundation for American Policy reported, “Memos and policy changes […] make it more difficult for well-educated foreign nationals to work in America in science and engineering fields.”

This is bad news for US STEM industries because the United States does not have the highly skilled STEM workforce needed to meet the demand for the specialty occupations that make up the structure of these industries.  The effects of these restrictive policies are already being felt with US-based IT companies moving their hiring to overseas where they can be sure their workforce will be approved without Denials or multiple costly rounds of RFEs.  International companies are hesitant to expand their business to the United States for this same reason, and highly skilled foreign workers are taking their talents elsewhere.

If you or your employee or client is an IT professional petitioning for H-1B status, here is what you need to know about preventing and answering an RFE or Denial based on current USCIS approval trends:

1. Have a full work itinerary for the duration of the H-1B visa.

In recently declassified USCIS memos, it came to light that adjudicators have been instructed to require a full schedule of the H-1B employee’s workload for the entirety of the H-1B visa to meet the H-1B eligibility employer-employee relationship requirement.  While this is one of the questionable adjudicating factors that USCIS is getting pushback for, it is advisable to provide this information to optimize your chances of visa approval.

2. Include an expert opinion letter that discusses the wage level and the specialty occupation.

Over the past few years, occupations that had never before been called into question regarding their level of specialization are now regularly receiving RFEs for this issue.  Computer programmers and professionals making level one wages are particularly vulnerable.  This can be prevented or addressed in an RFE or Denial response with an expert opinion letter written by a professional in the industry of the H-1B job who has extensive field experience.  It’s on the petitioner and beneficiary to provide detailed documentation that clearly shows the specialized duties of the job, the ad for the job showing an advanced degree requirement, ads for the same position at similar companies that have the advanced degree requirement, a breakdown of factors that went into setting the wage level, and any other documentation you can provide that shows the job requires a highly specialized body of knowledge and skill to perform.  The opinion letter should cover both the job and the wage level.  At CCI TheDegreePeople.com we work with experts in all H-1B industries with the experience required for USCIS to accept their opinion letters.

3. If the beneficiary’s degree is from outside of the United States – ESPECIALLY if it is an Indian three-year bachelor’s degree – or if the degree is in a specialization different from the H-1B job, include a credential evaluation.

Any degree that was earned outside of the United States, is not an exact match for the H-1B job, or is incomplete, will need a credential evaluation that fills in any gaps between the degree the beneficiary has and the degree the beneficiary needs.  This is particularly true for beneficiaries with the Indian three-year bachelor’s degree as USCIS requires the missing fourth year to be accounted for.  This can be done with a work experience conversion wherein one year of college credit in the field of the job can be granted by a professor with the authority to grant college credit for work experience for three years of progressive work experience.  A detailed breakdown of course content and work experience conversions can be used to prove the beneficiary has the equivalency of the right degree in the right career to get that visa approved.  At CCI TheDegreePeople.com we work with difficult educational cases every year and we research and write each credential evaluation uniquely, with respect to the individual, the education, the H-1B job, and USICS approval trends, and we are very successful.

Current USCIS approval trends are unprecedentedly restrictive, and RFEs and Denials are getting overturned at record rates because USCIS is legally adjudicating them wrong.  However, taking steps to prevent an RFE or Denial is always worth the added effort on the front end, and knowing what you’re up against is most of the battle to successfully answer an RFE or Denial.

If you or your employee or client is facing an H-1B RFE or Denial, we can help.  We work with difficult cases every year and we get results.  For a free review of your case visit ccifree.com/.  We will get back to you in 48 hours or less.