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How to Overcome H1B RFE Denials in USA: Expert Opinion Letter Services at Affordable Prices

Navigating the complexities of H1B visa applications can be challenging, especially when dealing with a Request for Evidence (RFE) or visa denial. If you’re facing an H1B RFE or denial, the good news is that you don’t have to face this struggle alone. Expert opinion letters and credential evaluations can provide critical support in addressing RFEs, overturning denials, and ultimately securing your visa approval. In this blog post, we will explain how you can overcome H1B RFE denials with expert opinion letter services in the USA, all at affordable prices.

What is an H1B RFE and Why Does It Happen?

An H1B Request for Evidence (RFE) is a request made by the United States Citizenship and Immigration Services (USCIS) when they need additional information to process your H1B visa application. These RFEs are common in situations where USCIS deems that the initial petition doesn’t fully meet the legal requirements, or more documentation is necessary to verify the applicant’s qualifications.

RFEs may occur for several reasons, including:

  • H1B Specialty Occupation Issues: USCIS may question whether the job role qualifies as a “specialty occupation” under the H1B visa criteria.
  • 3-Year Degree to 4-Year Degree Equivalency: If you hold a foreign degree, USCIS may require an evaluation to prove that your degree is equivalent to a U.S. four-year degree.
  • Insufficient Documentation: If your application is missing crucial documents such as job descriptions or foreign degree evaluations, an RFE will be issued.

It’s important to note that an RFE is not a denial; it is an opportunity to provide additional evidence to support your case.

How Expert Opinion Letters Can Help Overcome H1B RFEs

An expert opinion letter is an official document prepared by an immigration expert or a highly qualified professional in the field of education, job classifications, or your specific area of expertise. This letter supports your application by providing an evaluation of your qualifications, job description, or educational credentials, aligning them with U.S. standards.

Expert Opinion Letters Help with:

  1. H1B Specialty Occupation RFEs
    An expert opinion letter can help validate that the position you are applying for meets the criteria of a specialty occupation. This letter provides the necessary context that the job requires specialized knowledge, a requirement for the H1B visa.
  2. Credential Evaluation for Foreign Degrees
    If your degree is from a foreign institution, an expert can evaluate its equivalence to a U.S. degree. An expert opinion letter can specifically address whether your foreign degree meets the necessary standards for an H1B visa, particularly for those with a 3-year degree that needs to be equated to a U.S. 4-year degree.
  3. Job Description Validation
    USCIS may require a detailed validation of your job description. A qualified expert can provide a detailed assessment, ensuring the job description aligns with the duties of a specialty occupation and that it meets H1B requirements.

The Role of Foreign Credential Evaluation for H1B Visa Applications

Foreign credential evaluation is crucial for applicants with degrees from universities outside of the United States. USCIS requires a clear understanding of the equivalence of foreign degrees to ensure that the qualifications match the standards set for U.S. workers in the specialty occupation field.

Why Foreign Credential Evaluation is Important for Your H1B Visa:

  • Evaluates your foreign degree to match U.S. educational standards.
  • Provides USCIS with necessary documentation to prove your qualifications.
  • Helps determine if your 3-year degree can be equated to a U.S. 4-year degree, which is often a critical requirement for specialty occupations.

Affordable Expert Opinion Letter Services in the USA

One of the most common concerns for applicants dealing with RFEs and denials is the cost of expert opinion letters and credential evaluations. At The Degree People, we offer affordable expert opinion letter services to help you respond to RFEs and avoid visa denials. Our services are designed to provide comprehensive evaluations at competitive prices, ensuring that you receive the support you need without breaking the bank.

What to Expect:

  • Low-Cost Services: We offer affordable rates, with clear pricing structures so you won’t be surprised by hidden fees.
  • Expert Evaluation: Our team includes certified experts who specialize in foreign credential evaluations, job description validation, and expert opinion letters for H1B visas.
  • Fast Turnaround: We understand the urgency of H1B RFEs and are committed to providing fast, reliable services.

When to Call a Professional for H1B RFE Help in USA

If you receive an RFE or denial notice, it’s essential to take swift action. Calling a professional as soon as possible can help streamline the process and increase the likelihood of a successful outcome. Here are some signs that it’s time to seek professional help:

  • If You Are Uncertain About What the RFE Is Asking: RFEs can be confusing, and it’s important to understand exactly what additional evidence is required.
  • If You’ve Received Multiple RFEs: A single RFE might be easy to address, but multiple RFEs can indicate a larger problem that needs expert attention.
  • If You Don’t Have the Necessary Documentation: If your degree is from a foreign institution or your job description doesn’t meet the required standards, you will need a professional opinion letter to address these gaps.

Why Choose Us for H1B RFE Services in USA

At The Degree People, we understand how stressful it can be to face an H1B RFE or visa denial. With years of experience in immigration services, our team is dedicated to providing affordable, expert advice and solutions that help you navigate the RFE process.

Why Choose Us:

  • Expertise in H1B RFE Responses: We specialize in helping clients prepare expert opinion letters, credential evaluations, and job description validations for H1B visa applications.
  • Affordable Services: We guarantee the lowest prices for expert opinion letters and related services, making it easier for you to handle the costs of the application process.
  • Quick Response Times: We understand that time is critical when it comes to RFEs and visa denials, so we prioritize fast turnaround times.

Cost of Expert Opinion Letter Services for H1B RFEs

When considering expert opinion letters for your H1B RFE, it’s essential to understand the costs involved. The pricing of these services can vary depending on the complexity of your case, the required documentation, and the length of time it takes to prepare the letter.

  • Basic Expert Opinion Letter: For straightforward cases, the cost may be between $600–$1200.
  • Complex Evaluations (Foreign Degree Equivalency): For more complex evaluations, such as converting a 3-year degree into a U.S. equivalent 4-year degree, the cost can range from $500 to $1,000.

We offer affordable rates for expert opinion letters and credential evaluations without compromising on quality.

Prevention Tips: How to Avoid H1B RFE Issues

To increase your chances of approval and avoid RFEs altogether, follow these tips:

  • Ensure Your Job Description Meets Specialty Occupation Requirements: Review the job requirements thoroughly to ensure that the role qualifies as a specialty occupation.
  • Prepare a Complete Application: Submit all necessary documentation, including educational records and job descriptions.
  • Seek Early Professional Help: Don’t wait until you receive an RFE to consult an expert. Getting guidance early can prevent issues before they arise.

Overcoming H1B RFE in Nearby Areas of the USA

Each region in the USA may have its own set of challenges for H1B applicants, from varying USCIS processing times to specific requirements for visa petitions. Whether you’re in New York, California, Texas, or any other state, we are here to provide personalized support and guidance based on your location.

  • H1B RFE Assistance in California: California has one of the highest numbers of H1B applicants, so it’s crucial to ensure that your application is complete and accurate.
  • H1B Credential Evaluation in Texas: Texas is home to many international applicants, making credential evaluations a key service for applicants with foreign degrees.

About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.

How to Overcome H1B RFE Denials in USA: Expert Opinion Letter Services at Affordable Prices Read More »

Conquer H-1B RFEs with Sheila Danzig’s Expert Credential Solutions

Securing an H-1B visa often involves responding to Requests for Evidence (RFEs) issued by USCIS, which seek additional proof of an applicant’s qualifications and the specialty nature of their role. Sheila Danzig, director of Career Consulting International (CCI) and founder of TheDegreePeople.com, specializes in credential evaluation services that transform RFE challenges into approvals.

H-1B RFEs: Common Triggers and Essentials

The H-1B program permits U.S. employers to hire foreign professionals in specialty occupations requiring at least a bachelor’s degree or its equivalent. USCIS issues RFEs when submitted applications leave questions about degree U.S. equivalency, specialty occupation criteria, or the employer-employee relationship. Promptly addressing each point with clear, documented evidence is critical to avoid processing delays or denials.​

Sheila Danzig’s Credential Evaluation Expertise

Through TheDegreePeople.com, Sheila Danzig leads a team that conducts comprehensive reviews of international academic credentials and professional experience to meet USCIS standards. By converting foreign degrees into accurate U.S. equivalents and detailing job-role requirements, her evaluations eliminate ambiguity about an applicant’s qualifications.

Proactive Strategies for RFE Responses

Sheila Danzig recommends a systematic approach to RFE replies:

  • Verify Degree Equivalency: Obtain formal evaluations demonstrating that foreign credentials meet or exceed U.S. bachelor’s degree standards.
  • Expert Opinion Letters: Secure letters from industry authorities validating that job duties align with specialty occupation requirements.
  • Define Job Scope Clearly: Present detailed job descriptions showing how the applicant’s skills and education are essential to the role.
  • Confirm Employer Control: Supply evidence—such as project contracts and supervisory documentation—affirming the employer-employee relationship, especially for third-party placements.

Proven Impact and Client Outcomes

Clients of TheDegreePeople.com frequently report successful RFE resolutions and timely visa approvals thanks to Sheila Danzig’s in-depth analyses and strategic guidance. Her precise, evidence-focused methodology ensures that every RFE response directly addresses USCIS concerns, strengthening applications and improving approval odds.

Navigating an RFE can feel daunting, but with Sheila Danzig’s specialized credential solutions at TheDegreePeople.com, you gain the clarity and confidence needed to turn requests for additional evidence into successful H-1B outcomes.


About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.

Conquer H-1B RFEs with Sheila Danzig’s Expert Credential Solutions Read More »

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How TheDegreePeople.com Supports Clients in Responding to USCIS RFEs

Receiving a Request for Evidence from USCIS can create pressure, but it does not have to stop a case from moving forward. An RFE is simply a request for more details before a final decision is made. With a clear and well prepared response, applicants can strengthen their petitions and keep their process on track. TheDegreePeople.com has extensive experience helping clients address RFEs and secure successful outcomes.

USCIS issues RFEs for several common reasons. Some involve degree equivalency when foreign education is not clearly shown to match U.S. academic standards. Others relate to work experience when applicants must prove their background meets the expectations of their visa category. Missing documents, unclear evidence, or incomplete translations can also lead to questions. RFEs may also appear when USCIS is unsure the job qualifies as a specialty occupation. Whatever the reason, a clear and complete response is essential.

TheDegreePeople.com supports clients by preparing responses that address the exact concerns in the notice. Their services include credential evaluations that show how foreign degrees compare to U.S. degrees, expert opinion letters from qualified professionals, and work experience evaluations that show how years of experience can meet degree requirements. They also organize full response packages so USCIS receives a thorough and structured submission that meets its standards.

With many years of experience and strong knowledge of immigration requirements, TheDegreePeople.com has helped large numbers of professionals handle RFEs successfully. Their approach allows clients to strengthen their cases and continue with confidence as USCIS reviews their petitions.


About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.

How TheDegreePeople.com Supports Clients in Responding to USCIS RFEs Read More »

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TheDegreePeople.com Overturns Specialty Occupation H-1B RFE with Expert Opinion Letters

Computer programmers frequently face Specialty Occupation RFEs because USCIS misinterprets the Department of Labor’s Occupational Outlook Handbook entry for this role, which lists an Associate’s Degree requirement despite industry norms for a Bachelor’s Degree. Although H-1B regulations stipulate that specialty occupations “normally” require a US Bachelor’s Degree, USCIS often enforces the exception as the standard, leading to RFEs instead of approvals.

When you encounter a Specialty Occupation RFE for roles like computer programming, obtaining a strong expert opinion letter can secure an overturn with over 90% success. Our process relies on industry leaders who have held hiring authority within the relevant H-1B field. These experts use their direct experience to validate the specialized knowledge and skills required for the position, supplementing client-provided evidence such as job duty breakdowns, past hiring practices, job ads, and comparable role requirements.

Our recommended steps include:

  • Gather comprehensive documentation: job descriptions, evidence of prior hiring education requirements, internal job ads, and competitive market ads.
  • Engage a seasoned field expert: expert opinion letters from professionals who understand the specialty occupation’s educational and skill demands.
  • Craft a detailed opinion letter: experts explain why the job duties meet specialty occupation criteria, using both provided evidence and their professional insights.

Prevent RFEs by securing an expert opinion letter before filing your H-1B petition. Clients who obtain pre-filing opinions avoid Specialty Occupation RFEs and receive visa approvals without delay. Partner with TheDegreePeople.com to ensure your petition meets USCIS specialty occupation standards from the start.


About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.

TheDegreePeople.com Overturns Specialty Occupation H-1B RFE with Expert Opinion Letters Read More »

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Maximize Approval Odds: Proven Steps for Responding to I-140 RFEs

Sheila Danzig of TheDegreePeople.com outlines essential measures to strengthen your I-140 Request for Evidence response and secure petition approval.​

1. Decode the RFE Requirements
Review each RFE item carefully to determine the exact evidence USCIS requests.

2. Structure a Clear Response
Draft a concise cover letter listing all attachments and directly addressing each USCIS point for swift evaluation.

3. Compile Complete Documentation
Include every pertinent record, employment verification letters, academic credentials, work-experience proof, and any additional evidence, to eliminate information gaps.

4. Verify Accuracy and Consistency
Cross-check all dates, names, and facts within your response package to prevent further USCIS inquiries or delays.

5. Engage Expert Credential Evaluation
Pair legal counsel with a foreign credential evaluator such as TheDegreePeople.com to authenticate academic and professional qualifications.

6. Emphasize Critical Qualification Elements
Highlight your most compelling credentials, advanced degrees, specialized training, or industry-leading experience, to underscore petition merits.

7. Meet Submission Deadlines
File your RFE reply well before the USCIS deadline to safeguard against automatic denial and avoid processing backlogs.

8. Monitor Post-Submission Updates
Track your case status online and follow up with USCIS if you do not receive timely updates, ensuring no further issues go unaddressed.

Implementing these targeted steps positions your I-140 petition for success and transforms RFEs from obstacles into opportunities.


About Sheila Danzig

Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

Get a Free Review of Your Case

If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.

Maximize Approval Odds: Proven Steps for Responding to I-140 RFEs Read More »

RFE Alert: How to Answer the Double H-1B RFE

The fight against the proposed final rule that would give preference to H-1B applicants with the highest wages is heating up.  The American Immigration Lawyer’s Association is representing five nonprofits from tech and medical industries to sue the Biden Administration to block this rule from being finalized. 

What does that mean for those filing H-1B cap-subject petitions this summer?  We anticipate seeing an onslaught of Double RFEs.  These RFEs raise specialty occupation and wage level requirement issues.  H-1B beneficiaries making level one wages are particularly vulnerable to this RFE.

Here is how it works:

First, USCIS assumes that because the H-1B employee’s pay is set at level one wages the position is entry level.  Since many entry-level positions H-1B employees are hired for normally – but not ALWAYS – have a minimum bachelor’s degree educational requirement, USCIS will take issue with the job meeting specialty occupation eligibility requirements.  If the position is not entry level, USCIS will circle back around to wage level issues in that the H-1B requirement that the employee be paid the prevailing wage for the job may not be met.  This is the logic loop that causes the Double RFE.

There are two main problems with USCIS’ reasoning for this RFE: 1) Level one wages does not necessarily mean the job is entry level.  Many factors go into setting an employee’s starting wage.  2) H-1B eligibility requirements state that a job is a specialty occupation if it normally requires a bachelor’s degree minimum to perform.  In recent years, USCIS has been adjudicating normally as always, effectively making the exception the norm when applied to visa approval.

The best way to prevent or answer a Double RFE is with an expert opinion letter that addresses both issues.  The expert must have at least a decade of experience working directly in the field of the H-1B job and have a leadership role within the field.  Ideally, this expert has made hiring decisions regarding the H-1B position in question along with supporting roles to have a clear understanding of the credentials and experience an employee must have to perform the job.  The more information you can provide the expert about the employer, past hiring practices, parallel positions at similar companies within the industry, and the job itself the more compelling the letter will be for USCIS to approve the visa.

At CCI TheDegreePeople.com we work with experts in all H-1B fields.  They have experience writing letters to address Double RFE issues as we always keep an eye on USCIS approval trends.

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

RFE Alert: How to Answer the Double H-1B RFE Read More »

Unique H-1B Issues that Face IT Consulting Firms this RFE Season

Unique H-1B Issues that Face IT Consulting Firms this RFE Season

Recently a lawsuit was filed against USCIS by ITServe Alliance.  This is a organization of US IT service companies that had previously petitioned USCIS against new changes to H-1B adjudication rules.  The new rules state that for IT consulting companies that contract H-1B employees to work off-site to meet H-1B requirements, they had to prove the H-1B employee would have “Guaranteed specific and non-speculative work assignments” scheduled for the entire duration of their three-year H-1B visa.  This rule was applied to new employees seeking H-1B status for the first time, and for existing H-1B employees seeking visa renewal.

This new rule has taken a toll on IT consulting firms across the United States. Last fall at the end of FY2018, a study of the 30 top employers that sponsor H-1B employees found that while IT consulting firms saw 20-80% rates of H-1B Denials among their sponsors, non-consulting companies only saw a 1% Denial rate.  Consulting firms were answering RFEs and Denials well into the fiscal year the sponsored employee was hired for, cutting into business productivity and damaging relationships with customers because new hires could not start on time because they were still engulfed in a fight for their right to work.

While USCIS claims that this new rule is simply a reinterpretation of existing statutes, ITServe Alliance disagrees.  Regardless, USCIS is still the gatekeeper of you, or your employee or client’s visa status, and that means you must be prepared to prevent and answer the potential RFE or Denial that is likely to arrive this summer if you or your employee or client works for an IT consulting company.

Here is what you need to do to get this kind of RFE or Denial overturned:

1. Clearly show three years of guaranteed and non-speculative work for the H-1B employee.  This means providing a detailed itinerary of the employee’s next three years on the job bolstered by customer contracts and timelines.

2. Clearly show that the employer-employee relationship will be maintained even when the H-1B employee is working off-site.  This means providing a clear breakdown of the day-to-day duties and responsibilities of the employee along with their means of reporting to the employer.  Clearly show avenues of control and accountability as you will need to prove that the employer maintains the ability to hire, fire, promote, and otherwise control the work the H-1B employee does throughout the duration of the H-1B visa, regardless of which site they are working at.

3. Include an expert opinion letter that analyzes, ties together, and lends credibility to the evidence and documentation you provide.  This expert must have extensive experience WORKING IN the IT consulting field, and not simply be an IT instructor or professor.  At TheDegreePeople.com, we have the right experts on hand 24/7 to write the opinion letter you or your employee or client needs to serve a strong case for approval.

4. Make sure all of your bases are covered.  When USCIS finds a red flag in a petition, they look deeper, and they usually find more aspects of a case to take issue with.  Education issues, wage level issues, and specialty occupation issues are common features of the first or second round of RFEs. 

Always take the opportunity to prevent a second round of RFEs when answering the first.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.

Unique H-1B Issues that Face IT Consulting Firms this RFE Season Read More »

What to Expect and When to Expect it this H-1B Adjudication Season

What to Expect and When to Expect it this H-1B Adjudication Season

USCIS has completed selecting the 85,000 H-1B petitions to be adjudicated for approval for cap-subject petitions for FY 2020.


Those selected that filed for premium processing may begin receiving notice this week as to their approval status with the anticipated date of completion set at June 4th. Case adjudication for those who did not file under premium processing will begin early to mid-June and often takes months. Last year, adjudication for FY 2019 – which began October 1st, 2018 – extended into the 2019 calendar year.


If you are unsure of whether or not your case was selected, check the account activity on the account of the check written for the H-1B processing fee. If it has been cashed, your case was selected in the lottery.


When notice arrives of the status of the case, do not be alarmed if you receive an RFE or Denial. This is NOT the end of the road. Over the past few years the prevalence of H-1B RFEs spiked, especially for beneficiaries working entry-level positions, working as computer programmers, and working at wage level one. This year, USCIS adjudicators have been given the authority and encouragement to deny petitions outright without first issuing an RFE. This may lead to a spike in Denials instead of RFEs. Either way, they are possible to overturn and get the visa approved in time to get to work for FY 2020.


If you expect an RFE or Denial is coming this H-1B adjudication season, you can better prepare to defend your case, or your employee or client’s case. You will need a detailed credential evaluation that takes the job, the visa, USCIS approval trends, and any issues found in the case into consideration. You will also need documentation that details the demands, duties, tasks, and responsibilities of the job, and a detailed breakdown of employer and industry hiring practices with regards to minimum qualifications for the position in question. Finally, you will need an expert who works IN THE FIELD rather than just teaches it to write an opinion letter that ties the evidence you have provided together. First and foremost, however, you will need to take an honest look at your case, or your employee or client’s case and identify what might attract scrutiny by USCIS that could result in a visa Denial.


At TheDegreePeople.com, we work with RFEs and Denials every year. We understand what triggers them and we know how to successfully respond to them. 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 to Expect and When to Expect it this H-1B Adjudication Season Read More »

Common H-1B Issues to Anticipate this Adjudication Season

Common H-1B Issues to Anticipate this Adjudication Season

In the next few months, H-1B petitioners and beneficiaries will find out if their petitions have been selected in the lottery, and accepted for approval.

We predict this year will follow the trend of the previous few years with an increase in H-1B issues that block beneficiaries from outright approval. What is unclear is whether beneficiaries will be receiving RFEs or Denials in response to these issues. Last year, adjudicators were given the authority and encouragement to deny petitions outright without offering an RFE as an opportunity to respond questionable cases. This was announced in a USCIS memorandum along with several other changes to the H-1B selection and adjudication process, some of which went into effect this lottery season, and some of which did not.

One thing is certain: preparation is key. It is FAR from impossible to overturn a Denial. You just need to stay one step ahead of the game. That means understanding what about your case may raise red flags, and that means going back to the basic H-1B eligibility requirements and taking an honest look at where your case may fall short.

Employer-Employee Relationship

Small businesses often run into trouble here if they cannot clearly show in the LCA that they can afford to pay the prevailing wage to the H-1B worker and maintain economic viability. Another big issue is when the beneficiary is an owner, founder or co-founder, or sole proprietor of the business. H-1B workers must have their work, wage, and employment status controlled by an employer to meet this requirement and beneficiaries cannot self-petition for this visa. If this is the situation, there must be a CEO or board of directors different from the H-1B worker that fills this role to prove an employer-employee relationship exists in the arrangement.

Wage Level

The H-1B employee must make the prevailing wages for the position. Factors that influence the prevailing wage include industry standards, company size, geographic location, and more. Workers making level one wages often run into issues. In a response to an RFE or Denial, you must articulate all of the factors that went in to setting the wage level and an expert opinion letter that assures the prevailing wage requirement has been met.

Specialty Occupation

For the last two H-1B seasons, this RFE has spiked in prevalence and is often linked with wage level issues. If you, or your employee or client’s job sometimes requires a US bachelor’s degree or higher, but not always, or if this job is particularly specialized, you need to take extra steps to meet this requirement. That means providing a detailed breakdown of the duties and tasks of the job, as well as the advanced knowledge, skills, and understanding that must be applied every day in this position. You will also need to show that a US bachelor’s degree or higher is a typical minimum requirement for this job as either an industry standard, or as a company standard as evidenced in the ad for the job and in past hiring practices. An expert opinion letter must also be included to lend validity to and analysis of the documentation provided by your team.

Educational Requirements

H-1B requires the beneficiary have a US bachelor’s degree or higher or its equivalent. Foreign degrees that are not accompanied by the right credential evaluation raise red flags, especially the Indian three-year bachelor’s degree. The right credential evaluation takes the H-1B job into consideration and makes the necessary work experience conversions and detailed course breakdowns necessary to fill in any gaps between the job and the degree as the degree must be in the exact field of the H-1B job to address the demands of a specialty occupation. Incomplete college or no college experience must be compensated for with work experience conversion that must be written by a professor with the authority to convert work experience into college credit.

Any situation out of the ordinary or that is not completely straightforward can raise a red flag, which in turn triggers and RFE or Denial. At TheDegreePeople.com we work with RFE and Denial cases every year. We know what to look for and we know how to successfully address it. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.

Common H-1B Issues to Anticipate this Adjudication Season Read More »

What Makes an H-1B Job a Specialty Occupation?

What Makes an H-1B Job a Specialty Occupation?

Over the past few years, H-1B cap-subject petitions have received record-breaking rates of RFEs for Specialty Occupation.  Many of these RFEs struck occupations that had never been called into question before.

USCIS visa approval trends change every year, and often the RFEs issued are virtually unanswerable by their own guidelines.  At TheDegreePeople.com we always advise our clients facing difficult RFEs to go back to the basics: what are the original H-1B requirements?  Specifically for the Specialty Occupation RFE, the central question is what makes a job a Specialty Occupation?  Answer this question and you’ve answered the issue.

USCIS determines that a job does meet specialty occupation requirements if it meets one of these four standards:

  1. This position normally requires a minimum of a US bachelor’s degree or higher to be hired.
  2. This position in the specific industry or for this specific employer requires a minimum of a US bachelor’s degree or higher because of the unique complexity of this position.
  3. A bachelor’s degree or higher minimum requirement for this position is a standard hiring practice for this specific employer.
  4. This specific position in question is uniquely specialized to the extent that only a candidate with a minimum of a US bachelor’s degree or higher has the skills and knowledge necessary to performing the duties and responsibilities of the position.

The decision is based on the entry for the position in the US Department of Labor’s Occupational Outlook Handbook, on the opinions of experts, and on the details and documentation provided about the duties and responsibilities of the job, past hiring practices for the position, and industry standards when it comes to educational and experiential background for the position in question.

Read the Occupational Outlook Handbook for your H-1B position, or your employee or client’s H-1B position to understand which avenue is most appropriate to take for proving specialization.  Then, it’s your job to find the right expert to lend their opinion in a letter to fortify your case.  This expert works in the field of the specialty occupation, which means the expert cannot just be a professor who TEACHES the field but must have extensive field experience.  Then you must provide the expert and USCIS a detailed job description that emphasizes theoretical and practical application of specialized skills and knowledge on the job.  Provide proof of industry standard through showing USCIS ads for the same position for a different company in the industry, and provide documentation of past hiring practices.

At TheDegreePeople.com, we have experts in every specialization on hand to write the expert opinion letter you need, or your employee or client needs to get that H-1B visa approved.  They all have extensive experience and prestige in their field.  For a free review of your case, visit HERE.  We will get back to you in 48 hours or less.

What Makes an H-1B Job a Specialty Occupation? Read More »

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