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Credential Evaluation

Level 1 Wages RFE: Problems, Solutions, and Prevention for Next Year

Credential Evaluation, Immigration

Here are the main problems with this RFE:

• The Occupational Outlook Handbook ALSO states that employers normally require entry level computer programmers to hold a US Bachelor’s degree as a minimum requirement for the job.

• Being paid Level 1 Wages does NOT mean it is an entry level position. That’s not how wage levels are calculated. In many cases, the reason these specialized jobs are set at Level 1 Wages is because the employees that hold them are recent college graduates with little to no work experience in the field and therefore require a high level of supervision and guidance. The H1B program is an incentive for college students to come to the United States for school in that it allows them to remain in the country working jobs that require their Bachelor’s degree after they graduate. This RFE is a hindrance to this incentive.

When it comes to the Level 1 Wages RFE, CIS is simply wrong. However, it’s still up to CIS who’s visa is approved and who’s is not. So what can we do? We need to point out these problems in the RFE response, and also include expert opinion letters that explain the specialization of the job and how wage levels are actually calculated, as well as documentation that shows the job is specialized to meet CIS requirements for the H1B visa. This includes the ad for the job and similar jobs for similar companies to show that a minimum of a Bachelor’s degree is required, as well as the part of the Occupational Outlook Handbook that states employers normally require a Bachelor’s degree or higher for entry level computer programmers. This is a heavy burden of proof, and you will need help.

At TheDegreePeople.com, we have seen a 90% success rate in answering the Level 1 Wages RFE. To have us review your case at no charge or obligation, please submit the following documents to [email protected]:

• LCA

• The Beneficiary’s Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• The RFE

We will get back to you in 48 hours or less with a full analysis and, if we can help you, costs and instructions on how to utilize our services.

The Level 1 Wages RFE is just another RFE that we now need to learn how to answer now, and how to prevent next year.

In his informational video H1B RFE for Wage Level 1 for Computer Programmers, American Visa Law Group Managing Attorney Hasan Abdullah explains, “Well, obviously very simple: go with Wage Level 2 if you can. If you can’t go with Wage Level 2, maybe you want to try a different occupation. […] Some occupations are prone to RFEs on whether or not it’s a specialty occupation.”

There are jobs like Computer Systems Analysis that are notorious for being a target for RFEs. If this is the route you choose to take next year, be sure to consult with a credential evaluator who works with H1B RFEs so you don’t end up just walking right into another RFE while trying to avoid this one.

Level 1 Wages RFE: Problems, Solutions, and Prevention for Next Year Read More »

Approved! The Feared Level 1 Wage RFE!

Credential Evaluation, Immigration

This year, CIS has come up with a creative new way to come down on computer programmers petitioning for H1B visa status: Level 1 Wages.

Here’s how they’re justifying this new RFE:

The US Department of Labor’s Occupational Outlook Handbook (OOH) is what CIS uses as a references to determine whether or not a job is specialized to meet H1B criteria.  For a job to meet these criteria, the candidate must hold a US bachelor’s degree or higher or its equivalentas a minimum requirement to perform the duties of the job.  When it comes to the job of computer programmer, the OOH states that some employers will hire computer programmers for entry level positions with only a US Associate’s degree.  CIS is using this as evidence that computer programmers making Level 1 Wages are entry level and therefore do not meet specialization requirements, as some employers only require an Associates, rather than a Bachelor’s degree to perform the duties of this job.

There are two main problems with this RFE:

1. Level 1 Wage does not mean entry level job.

Many jobs that require more education than an entry level job would – including computer programming – require a lot of supervision and training on the part of the employer.  Recent college graduates coming into the workforce with a Bachelor’s degree but little to no work experience need to be supervised and trained to apply the specialized skills and knowledge they learned in school to the work environment.  That’s why jobs that meet H1B education requirements can be met at Level 1 Wages: employers need to do extra work to help new hires make the transition from college into the work force.

2. The OOH also states most employers require a US Bachelor’s degree for entry level computer programmers.

That’s right, the same source that CIS uses to justify this RFE also states that the norm is for employers to meet H1B requirements for entry level computer programming positions anyway.  Although it does state that some employers will hire to this position with only a US Associate’s degree, it also states that in most cases a US Bachelor’s degree is required, even for jobs at entry level. 

We can use these problems with this RFE to help you or your employee or client gain ground in the RFE response to strengthen their case.  When it comes to this employment issue RFE, CIS is simply wrong.  However, CIS is still the gatekeeper to H1B visa status, and it’s up to us to overturn these RFEs and set the record straight.  This is not an easy task, but at TheDegreePeople.com we have a 90% success rate when answering these RFEs.

To have us review your case, or your employee or client’s case at no charge or obligation, please send the following documents to [email protected]

• LCA

• Beneficiary’s resume and educational documents

• Employer support letter

• A detailed job description outlining the duties of the position

• The RFE

We will get back to you in 48 hours or less with a full analysis and, if we can help you, details on pricing and directions on how to order.

Approved! The Feared Level 1 Wage RFE! Read More »

H1B Alert: CIS is WRONG About Level 1 Wages RFE

Credential Evaluation, Immigration

The problem arises when employers mark the occupation as Level 1 Wage on the Labor Conditions Application (LCA) they must file. CIS released a memo in late March indicating that computer programmers at Level 1 Wages will not qualify because entry level computer programmers only need an Associate’s degree while H1B status requires a US Bachelor’s degree or higher or its foreign equivalent. They are using this justification to issue RFEs instead of approvals to these candidates.

Here’s the problem: Just because an employee is making Level 1 Wages doesn’t mean it’s an entry level job. That’s not how wage levels work.

The other problem is that CIS cites the Department of Labor’s Occupational Outlook Handbook where it states that some employers will hire entry level computer programmers at Level 1 Wages. This same section also states that usually an employer will require a Bachelor’s degree. CIS only uses part of the whole statement to justify pidgeonholing an entire segment of the H1B candidacy.

The March Memo signaled a complete change in the way CIS views and deals with Wage Level 1 computer programmers. CIS is wrong and it’s up to all of us to stand up to them. Here’s how: successfully answer the RFE!

At TheDegreePeople.com, we have had 90% success in answering Employment Issue RFEs this year. We have experts on hand who can write detailed, well-documented opinion letters that show the job is specialized to H1B standards and that the wage level does not equate to the degree of specialization.

If you or your employee or client received an employment issue RFE, we can help. Simply go to ccifree.com for a free consultation.

H1B Alert: CIS is WRONG About Level 1 Wages RFE Read More »

CASE STUDY: The Biggest Nightmare RFE Out There

Credential Evaluation, Immigration

You’ve heard of the Nightmare RFE and the Double Employment Issue RFE. Get ready, because this is about to be terrifying:

This RFE season is the harshest we’ve seen yet. Now, CIS is combining these RFEs. Candidates are now having to defend against requests for evidence regarding every facet of their education AND employment issues. The Nightmare on its own is virtually impossible to answer given the time and evidence demanded. Now, it’s even worse. We could call it the Triple RFE, but the best way to approach it is as one, single, consolidated RFE.

Here’s how:

Go back to the basics. The Nightmare RFE cannot be answered by its own guidelines. Instead, at TheDegreePeople.com, we go back to the original H1B requirements and meet them impeccably. This requires a detailed credential evaluation that may include expert opinion letters, work experience conversions, citing federal case law, international education and labor agreements, and CIS precedent decisions to show that your client meets the educational requirements of both the H1B visa, and their job.

At the same time, we need to address the employment issues. These issues have had to do with whether or not the job in question is adequately specialized to meet H1B requirements. The issue arises when the job indicated on the employer’s Labor Conditions Application doesn’t meet the duties of the job indicated on the H1B petition exactly, and when the employer indicates Wage Level 1 for the H1B job. CIS contests that the job doesn’t match, and also that just because a job is at Wage Level 1 it is not specialized to the point of requiring a US Bachelor’s Degree or higher or its foreign equivalent. An expert opinion letter is needed in these cases that explains the situation, alongside documentation clearly spelling out the specialized responsibilities involved in the job. In many cases, employees start at Wage Level 1 because they are fresh out of college without much work experience, and while their job is adequately specialized, it still requires a lot of guidance and supervision.

You don’t have to address all three issues presented in the biggest Nightmare RFE out there with three separate responses. At TheDegreePeople.com, we have been able to successfully answer every one of these horrid RFEs in one fell swoop with a creative approach and an expert opinion letter that addresses both employment issues. If you’re staring down this terrifying RFE, simply go to ccifree.com and let us review your case for free.

CASE STUDY: The Biggest Nightmare RFE Out There Read More »

The Double RFE

Credential Evaluation, Immigration

Welcome to the 2017 RFE season! It’s the worst year yet when it comes to difficult RFEs and lots of them. We’ve seen common RFEs regarding education, we’ve seen Nightmare RFEs, and now we’re seeing the Double Employment Issue RFE.

While there are no guarantees with USCIS, our experts at TheDegreePeople.com have been able to get every Double Employment Issue RFE overturned. We see a lot of RFEs every year, and this your we are seeing the H1B Level 1 Wage and the Specialty Occupation RFEs together in one RFE.

The Level 1 Wage RFE occurs when an employer marks that wage level on the LCA and CIS questions whether the jobs indicated in this wage level are adequately specialized to meet H1B requirements. If the jobs indicated in this wage level on the LCA don’t exactly match the job title on the H1B petition – which most jobs will not – CIS can issue an RFE.

The Specialty Occupation RFE also calls into question whether the H1B job on the petition meets CIS requirements for specialization that state for a job to meet these requirements the candidate must have a US bachelor’s degree or higher or its foreign equivalent in the field of the job. If it is unclear whether this job demands these minimum qualifications, CIS will issue an RFE. This becomes a problem when a specific position for a specific company requires a higher degree of specialization than similarly titled jobs, or there is inadequate documentation of the degree of specialization of the duties performed in this job. Of course, “adequate documentation” is subjective. You may have filed a detailed petition that spells out the specialized nature of your clients work, and you may still receive an RFE.

There are no guarantees with CIS, and H1B candidates are learning that the hard way. The Double Employement Issue RFE means extra time and extra money to answer…unless you know the right people who can help you. Overturning the Level 1 Wage RFE and the Specialty Occupation RFEs both require individual expert opinion letters explaining why the wage levels are set where they are and how that meets H1B regulations, and another explaining why this particular H1B job is adequately specialized. Most evaluation agencies will make you order both of these letters separately. We do it all at once, and our track record shows it works.

Simply got to ccifree.com/ and let us help you overturn the Double Employment Issue RFE. At just a slightly higher cost of just one issue per letter, our experts can handle the entire RFE in one expert opinion letter that addresses both issues in this RFE. This will save you time, money, and peace of mind.

The Double RFE Read More »

Overturning the RFE for Specialty Occupation

Credential Evaluation, Immigration

It’s RFE season and CIS is coming down especially hard on “borderline” occupations this year.

These are jobs that don’t necessarily require a US bachelor’s degree or its equivalent or higher according the the US Department of Labor’s Occupational Outlook Handbook (OOH). Some borderline jobs include management positions, certain computer and tech positions, certain healthcare occupations, and other jobs that vary in specialization based on the individual circumstances of the unique job itself.

When an employer fills out the Labor Conditions Application, they must choose the employee’s occupation from the OOH. This selection is used by CIS to determine the prevailing wage the H1B employee must be paid. Employers of H1B candidates with borderline jobs can choose a job from the OOH that emphasizes a central aspect of the occupation that requires a US bachelor’s degree or its equivalency or higher. This is where three problems arise that result in some very serious RFEs:

First, most jobs don’t meet the duties and responsibilities outlined in occupations in the OOH 100%. This is a vulnerability CIS takes advantage of to issue an RFE.

Second, when employers do this, the job on the petition does not match the job on the LCA.

Third, the wages employers are paying their H1B workers is called into question because the wages being paid to the H1B worker is not the same as the wage level as stated for the occupation in the OOH.

These are very serious RFEs.

Does this mean employees with borderline occupations are out of luck this RFE season? No, but it requires answering the RFE with a lot of evidence, documentation, citations, and analysis. The goal is either to prove that this particular occupation is uniquely specialized as to require an advanced degree, or that the candidate’s degree equivalency meets the educational requirements stated for the OOH job indicated on the LCA.

Don’t try to answer this RFE alone. This is not something you can do without help from experts in international education, the details of H1B educational requirements, and CIS approval trends, and is familiar with the various OOH/ONET positions and their requirements. While there are no guarantees with CIS, at TheDegreePeople.com, our experts have been able to overturn these RFEs with a 100% success rate. Visit ccifree.com and let us help you solve your RFE dilemma.

Overturning the RFE for Specialty Occupation Read More »

Case Study: RFE for Degree from Unaccredited Institution – OVERTURNED!

Credential Evaluation, Immigration

Plenty of academically competitive institutions of education that are held in high regard by the professional fields their students are trained in, that provide students with high quality education that are simply not government accredited.  Graduates of programs from these schools are prepared to work highly specialized H1B jobs, but CIS will not approve their visas outright because the school their degree is from is not government accredited.

Sometimes, candidates will not know that their school was not government accredited.  Sometimes a credential evaluator will not know that a school is not accredited and not take that into account when writing a credential evaluation.  For these reasons, H1B candidates get education RFEs this time of year.

If you or your employee or client received an H1B RFE for having the right degree from the wrong institution, you may be able to get that RFE overturned.  The question is, does the candidate have the progressive work experience necessary to account for the missing degree?

At TheDegreePeople.com, we work with these kinds of cases regularly.  We recently had a client come to us with an RFE for an unaccredited institution and we were able to get the RFE overturned with a credential evaluation that included a work experience conversion.  It works like this:

CIS accepts that three years of progressive work experience in your client’s field can be converted into one year of college credit with a major in that field in a credential evaluation, so long as a professor with the authority to grant college credit for work experience signs off on this conversion.  Progressive work experience means that throughout the candidate’s time on the job, he or she took on progressively more responsibility, and the nature of the duties of the job became increasingly specialized and complex indicating that education occurred on the job.

If you or your employee or client is in this situation, twelve years of progressive work experience is needed to write the evaluation to get this RFE overturned.

Not sure if you, your client, or your employee qualifies?  Let us review your case for free.  Simply go to ccifree.com and submit the candidate’s accurate, updated resume, and indicate the H1B job.  We will get back to you within 24 hours with a pre-evaluation and full analysis of your situation and all of your options.

Case Study: RFE for Degree from Unaccredited Institution – OVERTURNED! Read More »

Right Education, Wrong Evaluation: Get that H1B RFE Overturned

Credential Evaluation, Immigration

Did you or your employee or client file with a credential evaluation only to receive an RFE anyway?

The problem is, many credential evaluators don’t understand how to work with visa cases. Think back to when you ordered. Did they ask about the job? Did they ask about the visa? Do they regularly work with RFEs and difficult cases? If the answer is no, then you probably filed with the right education and the wrong evaluation.

Why does this happen?

There are a variety of rcircumstances in which people need credential evaluations. These circumstances require different evaluations. For example, if you or your employee or client is applying for a graduate program in the United States with a high school diploma and college degree from outside of the United States, the credential evaluation will need to cater to the program’s admissions requirements. In most cases, graduate programs will accept a three-year bachelor’s degree as the equivalent of a US four-year bachelor’s degree as meeting program prerequisite requirements with a simple credential evaluation. This will not work for an H1B visa.

With H1B, candidates must have a work experience conversion in their evaluation to account for the missing fourth year of their bachelor’s degree. This can be done only by a professor with the authority to grant college credit for work experience. Three years of progressive work experience in the candidate’s field of employ in which their work became more complex and specialized can be converted into one year of college credit towards a major in that specialization. This is a complex evaluation.

The same kind of conversion is necessary if you or your employee or client has a degree that is not an exact fit for the H1B job. With graduate program admissions, in most cases a degree in a related field is acceptable. This is not the case for H1B approval. Work experience conversion is required for CIS to approve the H1B visa.

Will this conversion work for other visas. No. For example, say you or your employee or client is applying for EB2 status rather than H1B because the ultimate goal is a Green Card. EB2 requirements don’t allow the bachelor’s degree equivalency to be anything but a single source, so combining work experience will not be acceptable in the eyes of CIS.

In essence, it’s easy to end up with the wrong evaluation for the right education. If the candidate has been hired for the job, it’s because they believe she is qualified based on her education, work experience, and expertise. The RFE is your second chance to prove this to CIS as well.

At TheDegreePeople.com, we work with all kinds of visa cases and their RFEs. We know what works and what doesn’t when it comes to CIS approval and overturning even the most difficult RFEs. Before you file your response, let us review your case for free. Simply go to ccifree.com and submit the candidate’s educational documents along with a current, accurate resume, and indicate the H1B job. We will get back to your within 24 hours with a pre-evaluation and full analysis of your case and how to best move forward in successfully answering the RFE.

Right Education, Wrong Evaluation: Get that H1B RFE Overturned Read More »

How Going Back to the Basics Can Solve Your RFE Woes

Credential Evaluation, Immigration

If you or your employee or client received an RFE on their H1B petition, read it over but don’t get caught up in the wording.  Instead, go back to the basics to find out what CIS is really asking for in requesting the evidence indicated.

The original H1B eligibility requirements are your key to successfully answering an RFE with as little stress as possible.  Find out which requirements were lacking in evidence to prove that the candidate, the job, and the employer meet them.

H1B qualified candidates work specialty occupations, hold the necessarily US degree or foreign equivalent, and have an employer-employee relationship with an employer that is economically viable and paying them prevailing wages and benefits.  Specialty occupation is defined as a job requiring such a high level of skill that the candidate must have a US bachelor’s degree or higher or its foreign equivalent in the exact field of the job to have the skills and knowledge necessary to carry out the duties of the job.

So read over the RFE and find out which of these requirements is in question.  Is CIS cautious about the employer or the employee contract?  Are the wage rates in question?  Is CIS unclear whether the job is specialized to fit H1B guidelines?  If these are where evidence was lacking in the initial petition, you can submit pay stubs, a copy of the employee contract and job description, and tax information about the employer.  If the job is in question, send in the ad for the job that indicates the minimum qualifications.  You may also need to provide evidence that similar jobs in the same industry in similar companies also require a minimum of a US bachelor’s degree or higher to perform its duties.  If this particular job requires a unique level of specialization, be sure to include an expert opinion letter and evidence to back it up as to why this is the case.

Oftentimes, CIS is cautious about a candidate because of the education.  Candidates with degrees from outside of the United States, or degrees with majors that are not an exact fit for their H1B job, and candidates who have not completed college need to work harder to prove to CIS that their education is sufficiently specialized to meet H1B requirements.  Each of these situations requires a credential evaluation tailored to the candidate’s unique education and work experience, as well as their job, H1B educational requirements, and CIS approval trends.

At TheDegreePeople.com, we always keep one eye on the education and the other on CIS.  If you have any questions, please call or email any time and we will respond promptly.  Simply go to ccifree.com/, or call 800-771-4723.

How Going Back to the Basics Can Solve Your RFE Woes Read More »

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