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Credential Evaluation

TheDegreePeople Can Help Legal Assistants With Expert Letters

Credential Evaluation, Immigration, Visa Approvals

Is your caseload too full?  TheDegreePeople can help!  Delegate your work to the experts, let us take of any expert opinion letters needed for your case.  We can also help with immigration forms.

Family Immigration Cases

While we specialize in visa cases that rely heavily on education, we also work on family immigration cases.  Expert opinion letters are often needed to lend an outsider’s objective input to your case.  An expert in the field or with advanced insight into the issues your client is dealing with can be the difference between approval and rejection.  For family cases, we can help you with the petition for an alien relative Form I-130, application to register for permanent residence to adjust status Form I-485, the Affidavit of Support Form I-864, and any additional forms.

L-1A and L-1B Cases

This work visa is for foreign employees working for a company abroad that has branches, subsidiaries, or a parent company in the United States to come work at one of these corporate family entities in the United States.  L-1A is for mangers and executives, and L-1B is for specialized knowledge professionals.  Let us go over your case and determine if expert opinion letters and credential evaluations are needed to show that the beneficiary meets educational requirements corresponding with the visa classification, and proving that the occupation meets L-1A or L-1B requirements.  We can help you with Form I-129 and the special L supplement, and Form I-797.

E Visa Cases

These visas are for treaty traders and investors (E-1 and E-2 respectively), and for Australian nationals coming to the United States to work specialty occupation positions (E-3).

We also offer assistance with cover letters and business plans, which are crucial to this visa classification.  Any additional expert opinion letters or credential evaluations necessary to show that the beneficiary meets the educational requirements of the visa, or that the position meets specialty occupation requirements can also be ordered through us alongside form assistance.  We can also help with Form I-129, and with the LCA required for E-3 cases.

Waivers and Permission to Reapply Cases

If your client is facing inadmissibility or legal issues when attempting to enter the United States, or has been removed or deported from the country in the past, we can help you file the waiver you need to get your client admitted.  We can help with the Waiver of Grounds for Inadmissibility Form 601, and Provisional Unlawful Presence Waiter Form I-601A.  Both I-601 forms also require From G-1145.  The Permission to Reapply for Admission into the United States After Deportation or Removal Form I-212 also requires a Form G-1145.

We handle expert opinion letters and credential evaluations for visa cases, and can help you determine which immigration forms you will need for any given case and how to obtain them.  Let us help you get organized.  For a free quote, visit ccifree.com.  We will get back to you in 48 hours or less.

TheDegreePeople Can Help Legal Assistants With Expert Letters Read More »

What New USCIS Adjudication Memorandum Means for the Nightmare RFE

Credential Evaluation, Immigration, Visa Approvals

The good news is that we likely won’t be seeing many – if any – Nightmare RFEs this coming H1B season.  The bad news is that the reason is because the recent USCIS memorandum issued in September of 2018 now gives visa adjudicators the authority to reject petitions outright without giving the petitioner a chance to defend their case.

This coming H-1B season, it is crucial to anticipate any approval issues you, or your employee or client may run into before you file.  The good news is that the memorandum also made all H-1B filing electronic when filing for cap-subject petitions opens.  You only have to file H-1B paperwork if you, or if your employee or client is selected in the H-1B lottery.  This buys beneficiaries a little time to get all of the additional documentation and evidence together, but the first time you file will likely be the last chance you get.

At TheDegreePeople, we recommend filing as though you are answering a Nightmare RFE.

If the beneficiary’s degree is not an exact match for the H-1B job and from an accredited US institution, you MUST include a credential evaluation written specifically for your situation, or for your employee or client’s situation.

Include an expert opinion letter that explains why the H-1B job meets specialty occupation requirements, and thoroughly explaining why the wage level was set as it was.

Let us review your case before you file to make sure you have all of your bases covered.  We also offer assistance with obtaining and filing the immigration forms you need to complete the petition.  Visit ccifree.com for a free review of your case.  We will get back to you in 48 hours or less.

What New USCIS Adjudication Memorandum Means for the Nightmare RFE Read More »

H1B Double Nightmare: RFE Right Job Title, Wrong Education

Credential Evaluation, Immigration, Visa Approvals

CIS approval trends change every year, but there has been a trend towards tightening interpretation around every facet of H-1B requirements.  For example, at the beginning of the decade beneficiaries with degrees in fields related to their specialty occupation could pretty much count on having their visas approved.  Now, they can be certain they will run into trouble as the degree specialization must now be an exact match for the job title.  Just a few years back computer programmers could be almost certain their job title meeting specialty occupation requirements wouldn’t be called into question.  The past two years have seen a massive spike in specialty occupation issues for job titles that had never run into this kind of issue before.

At TheDegreePeople we work with difficult cases and RFEs every year and know how to successfully answer them.  This past year, we had an onslaught of clients come in with the Double Nightmare RFE.  Answering with RFE required a two-step approach.  First, to prove that the job in question met H-1B specialty occupation requirements, we asked for the ad for the job that clearly shows minimum requirements, past hiring practices that showed the employer regularly hired candidates to the position with a minimum of the advanced degree in the field, ads for the same position in similar companies in the industry that also required a minimum of an advanced degree, and a detailed breakdown of the duties and responsibilities of the position.  To tie it all together, we always include an expert opinion letter to summarize and validate that the job title does meet H-1B specialization requirements.  Our clients provide the documentation about the position and we supply the expert.  We have experts in every field on hand 24/7 to write the opinion letter you or your employee or client needs to get the first half of the Double Nightmare RFE overturned.

The second step is to write a credential evaluation that closes any gaps between the education you have, or your client or employee has, and the education they need to get that visa approved.  This takes the visa, the job title, and CIS precedent decisions and approval trends into consideration.  If the beneficiary has the right degree in the wrong field, a generalized degree with inadequate specialization, or incomplete college, the best way we have found to address this issue is to include a work experience conversion in the credential evaluation.  With this conversion, three years of progressive work experience in the field of the H-1B job title – during which the beneficiary’s duties became increasingly specialized with increasing responsibilities – can be converted into the equivalent of one year of college credit in the field.  Using years of work experience, the right credential evaluation can combine years of college and years of work experience in the field to articulate the equivalency of the right degree in the exact field of the H-1B job title.

This year, due to the new CIS policy memorandum, beneficiaries may not get a chance to answer an RFE.  It is essential to get it right the first time.  If you or your employee or client has a degree that does not exactly match their field of employ, or if the degree is from a country outside of the United States, DO NOT submit the petition without a credential evaluation.  If you or your employee or client has a job title that does not always require a minimum of a US bachelor’s degree to perform, DO NOT submit the petition without an expert opinion letter.  Be sure to reference the position’s entry in the Occupational Outlook Handbook to check to make sure what minimum educational requirements are for that job title at that pay grade.

If you have any uncertainty, err on the side of caution.  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.

H1B Double Nightmare: RFE Right Job Title, Wrong Education Read More »

Case Study: EB-2 Education RFE – Overturned!

Credential Evaluation, Immigration, Visa Approvals

If you or your employee or client is applying for an EB-2 green card, their situation must meet two requirements:

  1. They must have been hired for a job that requires a US master’s degree or higher, or a US bachelor’s degree or its equivalent FOLLOWED BY at least five years of progressive work experience in the field.
  2. They must have the education required for the EB-2 qualified job or exceptional ability as clearly proven with a National Interest Waiver.

One of the most common RFEs EB-2 candidates run into is an education issue RFE.  Our client came to us with an Indian three-year bachelor’s degree, many years of progressive work experience, and an RFE.  He had the years of experience to more than cover the five years of progressive work experience following having earned the bachelor’s degree.  The issue arose because with EB-2 educational requirements the bachelor’s degree is required to be a SINGLE SOURCE and CIS does not accept that the Indian three-year degree is the equivalent of the US four-year bachelor’s degree regardless of the number of classroom contact hours.  CIS requires the missing fourth year to be accounted for.

With other visas, like H-1B, our client could have included a work experience conversion that converts three years of progressive work experience in a given field of specialization into one year of college education towards that degree to account for the missing year.  This does not work for EB-2 because that would not meet the equivalency requirement of a single source bachelor’s degree.

Our solution was to write a credential evaluation fortified by CIS approval precedents and federal case law that took twelve years of our client’s progressive work experience in the field and converted it into the equivalent of a US bachelor’s degree in the field.  Then, the next five years of work experience were included to meet EB-2 educational standards requiring a single source US bachelor’s degree FOLLOWED BY five years of work experience in the field.  The RFE was overturned.

If you or your employee or client is facing an education RFE for EB-2, let us help you.  Even the candidate doesn’t have the years to cover a complete work experience conversion, there are other ways to address the equivalency issue through detailed credential evaluations tailored to your or your employee or client’s unique situation, and through expert opinion letters and National Interest Waiver options.  Let us review your case for free.  Visit ccifree.com.  We will respond in 48 hours or less.

Case Study: EB-2 Education RFE – Overturned! Read More »

Case Study: Specialty Occupation H1B RFE for Engineer – Overturned!

Credential Evaluation, Immigration, Visa Approvals

While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright.

To qualify for H1B status a job must require a minimum of a US bachelor’s degree or higher or its equivalent to enter the position, and the job must entail utilizing highly specialized knowledge to perform the duties of the job.  In past years, jobs like physician or engineer were not called into question.  This past year, even jobs that were once considered clearly specialized were called into question and unsuspecting beneficiaries suddenly had to defend themselves.

One such client came to TheDegreePeople with a specialty occupation RFE for the job of engineer.  In 2017, software developers came under fire with specialty occupation RFEs.  Many employers responded the following year by redefining the job as an engineer.  This is part of the reason the job of engineer was hit with specialty occupation RFEs in 2018, but only part of the bigger picture that CIS approval trends change every year and are difficult to predict.

To address this letter, one of our experts in the field of engineering wrote a third-party expert opinion letter explaining why our client’s particular job met specialty occupation requirements both in line with the industry standard and with the employer’s hiring practices.  This letter accompanied a detailed breakdown of the duties and responsibilities of the position, documentation of industry standard through the ad for the job and ads for the same position in the industry for similar companies, and so forth, to tie it all together.  The RFE was overturned and his visa was approved.

Active now the new USCIS memorandum gives adjudicators the authority to deny H1B petitions without issuing an RFE to clear up any concerns.  This means it is essential to anticipate any issues before they arise.  At TheDegreePeople.com we work with RFEs, Denials, and difficult cases every year.  We know what is likely to trigger an RFE and we know how to overturn them.  Let us review your case, identify issues, and make a plan to fill in the evidentiary gaps before you file.  For a free consultation, visit ccifree.com.  We will get back to you in 48 hours or less.

Case Study: Specialty Occupation H1B RFE for Engineer – Overturned! Read More »

Case Study: Software Developer H1B RFE Overturned

Credential Evaluation, Immigration, Visa Approvals

When CIS suspects that a job does not meet H1B requirements for specialty occupation, in the past they would issue an RFE.  This year, beneficiaries are likely to just get a Denial.

Over the next three weeks, we will look at three different jobs that have been specialty occupation RFE magnets in the past, what was done to effectively overturn them, and how to use this information to preempt a Denial this coming H1B season.

Borderline jobs that sometimes require a US bachelor’s degree or higher or its equivalent, but not always, or companies with past hiring practices of hiring candidates less qualified than specified H1B requirements for specialty occupation are at higher risk of running into trouble.  One common job that runs into trouble is software developer.

Last year, a beneficiary came to us with a specialty occupation RFE for this very position.  She had the proper degree in software development and the work experience to back it up.  The beneficiary wasn’t the problem, the job description was.  The duties outlined in the petition did not clearly and exactly meet the duties and responsibilities outlined in the Department of Labor’s Occupational Outlook Handbook for that position at the wage level set for her.

We answered the RFE with an expert opinion letter from an expert in the field of software development thoroughly explaining that her job duties and responsibilities DID meet specialization requirements and highlighting why her wage level was set as it was.   This was accompanied by a detailed breakdown of her specialized duties and responsibilities on the job.

Last year, we were able to get the RFE overturned.  This year, with the new CIS memorandum that gives adjudicators the jurisdiction to deny petitions without an RFE, she might not have been so lucky.  A Denial can be overturned, but it is much harder.  As with an RFE, Denials are much easier to prevent than to overturn.

Including an expert opinion letter to preempt a specialty occupation RFE with the initial petition is advised.  If you or your employee or client is a software developer petitioning for H1B status for FY2020, it’s more important this year than ever to make sure you have all of your bases covered.

For a free review of your case, visit ccifree.com.  We offer expert opinion letters, credential evaluations, and consulting services tailored to the individual needs of each client, their education, their job, and their visa.

Case Study: Software Developer H1B RFE Overturned Read More »

What You Need to Know About Changes to H1B Visa Adjudication

Credential Evaluation, Immigration, Visa Approvals

What does this mean? In practice, it actually means very little has changed. While denials are much more difficult to overturn than RFEs, it should not change the fact that applicants must file the initial petition in completion, with all additional evidence and documentation included, preemptive of any RFEs the case is likely to trigger.

Getting it right the first time has always been key to a successful H1B season. Another change to come this April 2019 is that H1B applicants must file electronically at the normal time to be included in the lottery, but no paperwork is required to be filed UNLESS the petitioner is selected for the lottery.

However, if you, or if your employee or client is planning to petition for H1B status for FY 2020 you need to be ready to file an impeccable petition the first time because it is unlikely you will get a second chance. That means being aware of any potential RFE triggers inherent to your case, or your employee or client’s case.

To prevent a denial, it is important to include a credential evaluation in the initial petition to fill in any gaps between your education, or your employee or client’s education and the exact US degree needed for the job. This may include a work experience conversion to account for missing years of college.

To prevent a wage issue or specialty occupation issue – two interrelated issues which have been very prevalent in the past two H1B seasons – include an expert opinion letter in the initial petition that thoroughly explains how the job in question meets H1B specialty occupation requirements, and that the wage level is appropriate.

At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical.

Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com and we will get back to you in 48 hours or less.

What You Need to Know About Changes to H1B Visa Adjudication Read More »

H1B Changes in Adjudication Means Getting the Initial Filing Correct

Credential Evaluation, Immigration, Visa Approvals

If you, or if your client or employee is planning to file for H1-B status for FY2020, the process has changed.  This coming season, you will still file the first week of April as always.  The good news is no paperwork must be submitted until AFTER your employee or client is selected in the H-1B lottery.

The troubling news is that CIS will now be denying petitions outright without issuing RFEs. Denials are much more difficult to overturn than RFEs.  This change has lawyers talking about submitting the specialty occupation expert opinion letter right away with the rest of the paperwork to avoid an RFE that won’t come anymore.

While every year at TheDegreePeople we urge H1-B hopefuls and their teams that the best answer to an RFE is to avoid it in the first place.  This coming season it’s more important than ever to identify where your employee or client’s case is likely to run into trouble and include any additional evidence and documentation in the initial petition.

The past two years, the rate of specialty occupation RFEs has made a sharp rise.  If you hold, or if your employee or client holds a job that does not require a US Bachelor’s degree or its equivalent or higher in all cases as an industry standard, you need to include an expert opinion letter that clearly shows why the job in question meets H1-B standards for what qualifies as a specialty occupation. 

Don’t take any chances this year.  If you are selected, or if your employee or client is selected in the H-1B lottery, you need to include any credential evaluations, supporting evidence, and expert opinion letters needed in the first paperwork filing because you will not get a second chance anymore.  At TheDegreePeople we have experts on hand 24/7 to write the letter you need, or your employee or client needs to get that H1-B petition approved.  We work with difficult RFEs every year and we know what tends to trigger an RFE and how to prevent them. 

Don’t file without a specialty occupation letter.  Visit ccifree.com for a free consultation on your case, or your employee or client’s case.  We will get back to you in 48 hours or less.

H1B Changes in Adjudication Means Getting the Initial Filing Correct Read More »

Round 2: What to do if the 2nd RFE Arrives After Resolving the First RFE

Credential Evaluation, Immigration, Visa Approvals

If the petition process and first round of H1B RFEs aren’t stressful enough here comes round two of RFEs. 

When CIS finds something wrong with a petition, it opens the floodgates to finding more details out of place that would have otherwise gone unnoticed.  The best way to prevent round two of RFEs is to prevent round one by identifying the common RFE triggers inherent to the situation in your case and plan accordingly, but this doesn’t always work.

If you or your employee or client is facing down RFE round two, don’t panic.  The petition has not been denied, CIS just needs more information to make a decision.

The trick with any RFE is not to get caught up in the wording or individual demands, but rather to go back to the basics and see where evidence and analysis is lacking. 

To qualify for H1B status, the job must be a specialty occupation, which means as an industry standard or a standard hiring practice a minimum of a US bachelor’s degree or higher in the specialization is required for entry into the occupation.  The beneficiary must hold a US bachelor’s degree or higher or its acceptable equivalency in the exact field of the specialty occupation.  The employer must be economically viable and pay the beneficiary the prevailing wages and benefits for the specialty occupation, and there must be an employer-employee relationship in which the employer can hire, fire, promote, supervise and otherwise control the work the beneficiary does.

Read the RFE and identify which of these requirements CIS is having trouble adjudicating.  Is it the job?  Is it the education?  Is it the working conditions? 

At TheDegreePeople we work with difficult RFEs every year and we know how to identify where cases are lacking in evidence and analysis, and which common RFE traps beneficiaries fall into as CIS approval trends change from year to year.  Let us review your case for free before you answer that second round of RFEs.  Visit ccifree.com and we will get back to you in 48 hours or less.

Round 2: What to do if the 2nd RFE Arrives After Resolving the First RFE Read More »

I-140 Problems: Common RFE Triggers and their Solutions

Credential Evaluation, Immigration, Visa Approvals

In light of the new USCIS policy memorandum, adjudicators now have the discretion to deny a petition without first issuing and RFE or NOID for all visas, and this includes visas that require a Form I-140.

While the new memorandum can feel like a reason to be nervous because we don’t know how this law on the books will play out in practice, it actually changes very little in how beneficiaries and their teams should approach the process.  That means looking at common places where applicants run into problems and then taking steps to prevent running into them.

If you or your employee or client’s education or job don’t clearly meet the educational standards of the classification chosen in Part 2 of Form I-140, you need to make sure to provide the evidence and documentation you need to fill in the gaps between the requirements and you or your employee or client’s situation.  Incomplete college, education attained outside of the United States, or no formal education are all situations that require a detailed credential evaluation that takes the specific educational requirements of the visa and the classification into consideration.  If an evaluation agency does not ask about the job or the visa before you order, look elsewhere. 

Before you file, make sure all answers on the PERM and on Form I-140 are consistent.  Inconsistencies will trigger an RFE, even if it is just a spelling error.  If there are changes needed, make sure to check yes for Part 4 Item 7 on the Form I-140.  Place a bright sheet of paper directly beneath Form I-140 that states this is an amended petition and the PERM has already been submitted and include the receipt number for the PERM.  This way, inconsistencies will be accompanied with a clear explanation.  CIS may inquire anyway – there are never any guarantees with CIS – but this will be much less likely and if you do receive an RFE you will be ready.

At TheDegreePeople we work with I-140 RFEs every year and understand CIS approval trends and what triggers RFEs.  This year, you may not get a chance to fortify your case with an RFE.  Before you file, let us review your case and identify where in the petition an RFE is likely to be triggered so you can accommodate accordingly.  For a free review of your case visit ccifree.com/.  We will get back to you in 48 hours or less.

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I-140 Problems: Common RFE Triggers and their Solutions Read More »

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