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Credential Evaluation

Case Study: The Triple H1B RFE – OVERTURNED!

Credential Evaluation, Immigration, Visa Approvals

We saw them last year, and we have the experts with the highest rate of success to help overturn them. Coming up on RFE season, it’s important to keep in mind that many RFEs cannot be answered by their own instructions. The solution is to go back to the original H1B requirements and make sure they are clearly met, documented, explained, and backed up by expert opinion.

To be eligible for an H1B visa, the job must be a specialty occupation, which means as a minimum requirement the employee must hold a US bachelors degree or higher or its equivalent in the field of the job. The beneficiary must have this degree or equivalency to meet H1B requirements, and the employer must pay the beneficiary prevailing wages and benefits for this position for companies of that size in that geographical location.

In answering the Triple RFE, you need to do three things:

First, the job in question must meet the criteria of a specialty occupation. This can be done in one of three ways:

  1. The job requires a US bachelors degree or higher.
  2. A US bachelors degree or higher is a normal minimum requirement for this position for the industry in similar companies.
  3. This particular job is uniquely complex so as to require a US bachelors degree or higher to perform its duties.

Second, it must be proven that Level 1 Wages are the prevailing wage for this specialty occupation. For jobs set at Level 1 Wages, CIS is operating from the misconception that Level 1 Wages implies that the job is entry level. They’re wrong. That’s not how wage levels work. There are many factors that are taken into consideration when determining wage levels. You need to show that this is the prevailing wage for this position to meet H1B requirements. These first two issues can be addressed in one expert opinion letter.

Third, the beneficiary must clearly meet H1B educational requirements. This means the beneficiary holds the advanced degree or its equivalent in the field of the H1B job. That means if the degree is from outside of the United States, in a different field than the H1B job, or incomplete, you will need to include a credential evaluation that fills in any gaps between the beneficiary’s education and H1B education requirements. This must take into account education that took place through work experience and a close evaluation of course content and classroom contact hours involved in the degree.

At TheDegreePeople, we work with difficult RFEs every year, and we have the experts with the highest rates of success to help overturn them.

For a no-charge and no-obligation review of your case, or your employee or client’s case, simply visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and pre-evaluation.

Case Study: The Triple H1B RFE – OVERTURNED! Read More »

RFE Support: Know the H-1B Job Better than CIS Does

Credential Evaluation, Immigration, Visa Approvals

H-1B filing season is over, but that doesn’t mean the work is done. Last year, CIS rolled out an unprecedented number of RFEs challenging occupational specialization.

Last year, computer programmers at level 1 wages were targeted for RFEs claiming that the job entry level computer programmer didn’t meet the H-1B specialization requirement that a candidate must hold a minimum of a US bachelor’s degree or higher or its equivalent as a requirement for entry into the position.

CIS used a passage from the US Department of Labor’s Occupational Outlook Handbook (OOH) to justify this RFE. The passage stated that some employers will hire entry level computer programmers with a US associate’s degree as a minimum requirement. Since H-1B jobs require a US bachelor’s degree or higher or its equivalent as a minimum requirement for a job to meet the H-1B definition of occupational specialization, CIS determined that entry level computer programmer was not an H-1B eligible job.

There are two main problems with this reasoning:

First, the fact that a job is set at level 1 wages does not mean it’s an entry level position. There are more factors that go into determining wage levels than just that.

Second, that same passage in the OOH also states that employers will usually require a US bachelor’s degree or its equivalent as a minimum requirement for entry into the occupation of entry level computer programmer. If it is a normal industry standard to require a minimum of a bachelor’s degree than it should meet H-1B specialization requirements, even though not all employers adhere to this general industry standard. A bachelor’s degree minimum is still an industry standard for this position, and THAT is what you need to prove to CIS to get the RFE overturned.

CIS uses the OOH to determine whether or not a job meets H-1B occupational specialization standards. However, as we learned last year, they are very selective in the wording and passages they use to justify their decisions. That means, you need to know what the OOH has to say about the job in question inside and out so you can call out CIS when they use OOH wording to justify your RFE, or your employee or client’s RFE.

If you haven’t already, familiarize yourself with what OOH has to say about your job, or your employee or client’s job and document it. You will need documentation that the advanced degree is an industry standard, or that your client’s position is uniquely complex to require an advanced degree, and that employees having this degree as a minimum requirement for the position is a consistent hiring practice of the sponsoring employer. Included in the evidence, you will also need an expert opinion letter to weigh in on why and how this job meets H-1B specialization requirements.

At TheDegreePeople.com, we have experts on hand 24/7 to review your case and write the expert opinion letter you need, or your employee or client needs to get that H-1B visa approved. For a free review of your case at no obligation, visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and our recommendations.

RFE Support: Know the H-1B Job Better than CIS Does Read More »

H-1B Support: Refuting the Specialty Occupation RFE

Credential Evaluation, Immigration, Visa Approvals

Filing season for the H-1B cap has come and passed. That means this season’s first round of RFEs is on its way.

Last year, we saw a spike in Specialty Occupation RFEs that questioned whether a job qualified for H-1B eligibility. For a job to meet H-1B specialization requirements, it must fit the definition of specialty occupation according to USCIS statutes. Here is where it gets murky:

There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute.

INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty.

Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.”

In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:

  1. The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
  2. This minimum degree requirement is normal for this job in similar organizations in the industry.
  3. The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
  4. The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.

If the job meets one of these four requirements – and the beneficiary meets the educational and experiential requirements as well – the job meets H-1B eligibility requirements. However, you will need evidence to back up that the specialization of the job in question is consistent with industry standards or employer hiring practices. This requires a detailed employer support letter, but CIS will NOT just take the employer’s word for it. Your RFE response must also include an expert opinion letter to back up that the job does meet H-1B specialization requirements.

At TheDegreePeople.com we have experts on hand 24/7 to review your case and write the letter you need, or your employee or client needs to get that RFE overturned. Every year, we work with difficult H-1B RFE cases and we get them overturned virtually every time. For a no charge and no obligation review of your case, visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and expert consultation on how to best proceed.

H-1B Support: Refuting the Specialty Occupation RFE Read More »

Common EB2 Education RFEs and How to Preempt Them

Credential Evaluation, Immigration, Visa Approvals

To meet EB2 requirements and CIS approval trends, a beneficiary must hold a US masters degree or higher or its foreign equivalent, OR a US bachelors degree or its equivalent FOLLOWED BY at least five years of work experience in the field that matches the EB2 job. The education must be an exact match for the job, and the job must hold these minimum educational requirements.

That means if your client has a degree from outside of the United States, incomplete education, or a degree in a field that doesn’t match the job title, they will need a credential evaluation that fills in the gaps between their education and EB2 educational requirements.

However, different visas have different requirements for evaluating equivalencies. For example, let’s say a beneficiary is petitioning for H-1B status with an Indian three-year bachelors degree. CIS needs them to account for the missing fourth year to meet their approval trend for the equivalency of a US four-year bachelors degree. With H-1B, the candidate could have three years of progressive work experience converted into one year of college credit in a credential evaluation, which would account for the missing fourth year and CIS would accept that.

With EB2, this would not work because the bachelors degree must be a SINGLE SOURCE. That means, if you have, or your employee or client has that same Indian three-year degree, you cannot simply add work experience until you get four years. The best option is to try for the masters degree equivalency. This gets complicated when you take sequence into account concerning the bachelors degree equivalency.

Since the wait period for EB2 is so much shorter than EB3, it can be enticing to try to apply for the Green Card under EB2 and make the education work. This works sometimes if the beneficiary has the right education, enough work experience, and the sequence of education and work experience works for the EB2 academic puzzle. You don’t want to take chances. If you think you meet, or your employee or client meets EB2 education requirements, visit ccifree.com.

We will get back to your in 48 hours or less about whether or not EB2 educational requirements can be met. Often, all that is needed is the right credential evaluation that takes the beneficiary’s education and work experience, the job in question, specific EB2 requirements, and CIS approval trends into account to get that EB2 petition approved.

Common EB2 Education RFEs and How to Preempt Them Read More »

Mismatched Education EB2 RFE – Triggers and Solutions

Credential Evaluation, Immigration, Visa Approvals

Employers will hire workers who meet the degree requirement in a related field because there is enough overlap in specialized skills and knowledge to do a quality job. However, none of this matters to CIS. Over the past seven or eight years, CIS has been issuing RFEs for beneficiaries with degrees in related fields because they are not an exact match to the job title on the PERM.

While this detail may not stop the new hire from performing their job excellently, it will get in the way of CIS approving their visa, and the bottom line is CIS gets their way.

The best way to address this RFE is to avoid it in the first place. Here’s how:

When you file the beneficiary’s EB2 petition, make sure to include a credential evaluation that takes EB2 educational standards, the job, and CIS approval trends into consideration. The right credential evaluation is written by an agency that works regularly with EB2 cases and their RFEs, keeps up to date on CIS approval trends, international trade agreements, and federal case law, and has an in-depth understanding of education internationally. When it comes to EB2, the bachelors degree must be a single source. That means that a creative approach is often needed that requires in-depth understanding of international education. Sometimes a work experience conversion is needed, other times writing a functional equivalency works best. It all depends on the beneficiary’s education and resume, and on the job in question.

If your education, or if your employee or client’s education is not an EXACT match for the job title on the perm, let us help you. Visit ccifree.com and submit the beneficiary’s educational documents and resume, and indicate the job in question. We will get back to you in 48 hours or less with our recommendations on what needs to be included in the evaluation you, or your client or employee needs to meet EB2 educational requirements.

Mismatched Education EB2 RFE – Triggers and Solutions Read More »

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart

Credential Evaluation, Immigration, Visa Approvals

That means, if you, or your employee or client filed on time and made the H-1B lottery, there’s a high chance your work is far from over.

Two jobs in particular attract a disproportionate amount of RFEs: Computer Systems Analysis, and Computer Programmers at Level 1 Wages. If you hold, or if your employee or client holds one of these jobs, it’s important to know what you’re up against. If you didn’t take steps to preempt RFEs that are commonly linked with these jobs, don’t panic. An RFE is not the end of the world, and there are steps you can take to rectify the situation.

First, let’s take a look at Computer Systems Analysis. The reason this job is so problematic is because CIS requires H-1B beneficiaries to hold a degree specialization that matches the job title. Computer Systems Analysis is a VERY rare degree. In fact, this degree is only available at US colleges that offer self-designed majors. India has a Computer Systems Analysis bachelors degree. However, since the Indian BCA is a three-year program this degree too will trigger an RFE if the petition doesn’t include a credential evaluation that converts three years of progressive work experience into that missing fourth year of college credit. A US masters of Computer Systems Analysis is the only degree we have not seen trigger an RFE for this job.

If your job, or your employee or client’s H-1B job is Computer Systems Analysis and they don’t hold a US masters of Computer Systems Analysis, there is a high RFE risk. Beneficiaries with an Indian BCA in Computer Systems Analysis need to include a credential evaluation with their petition as discussed above. Beneficiaries with education in a related field need to submit a credential evaluation as well that emphasizes course credits in the field of Computer Systems Analysis and converts years of progressive work experience in that field into years of college credit towards earning that specialization equivalency. If you included the right credential evaluation with the petition last week, you took effective steps to prevent this RFE. If you did not, you can still submit this credential evaluation with the RFE response.

Next, let’s take a look at the Level 1 Wages RFE that disproportionately affected computer programmers making Level 1 Wages. H-1B status is for jobs that require a minimum of a US bachelors degree or its equivalent, and for candidates who meet this degree requirement. CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine whether or not a job meets H-1B eligibility requirements. Entry level computer programmer is a borderline occupation, meaning that according to the handbook, employers sometimes hire entry level programmers with only a US associates degree, making this job ineligible for H-1B consideration.

There were two main problems with this reasoning: The first is that just because a job is set at level 1 wages doesn’t mean it’s an entry level position. Determining wage levels is a complex process that takes many factors into consideration, including how much supervision, guidance, and training a worker will need. Since many H-1B beneficiaries are just coming out of college and into the workforce, even though they have the right education, they may not have the on-the-job experience necessary to work without a high level of supervision at first. This factors into the decision to set non-entry level jobs at level 1 wages.

The second problem with CIS’ reasoning for this RFE is that in the same passage of the Occupational Outlook Handbook, the US Department of Labor states that employers will usually require a minimum of a US bachelors degree for the position of entry level computer programmer, indicating that it does meet CIS requirements for specialization.

If you hold, or your employee or client holds this position at level 1 wages, they are at a high risk of RFE. In this situation, you need to include an expert opinion letter along with documentation that this job is specialized to meet CIS requirements for H-1B status.

At TheDegreePeople, we have experts and evaluators on hand to help you. We are RFE experts and work with difficult cases and RFEs every year, and we get them overturned. For a free consultation, visit ccifree.com.

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart Read More »

Degree Equivalency or False Translation? – Find Out Now!

Credential Evaluation, Immigration, Visa Approvals

When a beneficiary files for EB2 status with credentials from outside of the United States – especially if the transcripts are in a language other than English – educational documentation can get tricky really fast.

That’s because it’s easy to accidentally insert academic value judgment on a credential when translating it into English.

Preparing educational documents in order to understand whether or not the beneficiary actually meets the educational requirements for the visa in question – or can meet them through including the right credential evaluation – is a two-step process. The first is translation, and the second is academic evaluation. You would never send documents to an evaluator for translation, and so you should never expect your translator to complete the evaluation. These are two very different and very specialized services, and expecting these steps to be a one-stop shop is a recipe for an RFE at best.

Beneficiary educational documents are especially vulnerable to false translations when the credential doesn’t have the word “degree” in the title, or a word that translates into it. For example, the Indian Chartered Accountancy credential is the academic equivalent of a US bachelors degree in accounting even though the word “degree” is not in the credential. However, the Canadian Chartered Accountancy and US CPA credentials do not meet equivalency requirements for a bachelors degree in accounting and don’t have the word “degree” in them either.

Some credentials simply don’t have a direct English translation. For example, “postgraduate” degree is often mistranslated into a masters degree even though they are not the academic equivalent. The Russian credential kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same.

The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency.

For a free review of your case, or your client or employees case, visit ccifree.com. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.

Degree Equivalency or False Translation? – Find Out Now! Read More »

Attention: H1B Filing Opens TODAY!!!

Credential Evaluation, Immigration, Visa Approvals

TODAY MONDAY APRIL 2nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days.

For the past few years, the cap has been met before the mandatory five business days is up, so that means you have to file THIS WEEK for you, or your employee or client to have a shot at making the H-1B lottery for FY2019.

Last year, we saw an unprecedented number of RFEs, especially targeting computer programmers. This year, make sure you take steps to preempt an RFE or rejection. Don’t fall into common RFE traps by taking these precautions:

  1. Consistent Answers – make sure what is entered on the LCA matches the petition, including the job title and description.
  2. Start Date is NO EARLIER THAN October 1st 2019.
  3. Borderline jobs that don’t necessarily require a US Bachelors degree or higher according to the Department of Labor’s Occupational Outlook Handbook are accompanied by a detailed job description and expert opinion letter to prove specialization.
  4. The beneficiary’s degree or degree equivalency specialization matches the job title or is accompanied by a credential evaluation.
  5. Degrees earned outside of the US, incomplete college, or mismatched degree specialization is accompanied by a credential evaluation.

If you, or your employee or client needs a credential evaluation or expert opinion letter, don’t file the petition without one. We have credential evaluators and experts on hand 24/7 ready to write the evaluation or expert opinion letter you need, or your employee or client needs for visa approval. We offer rush delivery options at affordable prices down to as fast as 12 hours by the clock, and we work off of emailed copies of educational documents. Time is of the essence. Simply visit ccifree.com to get started now!

Attention: H1B Filing Opens TODAY!!! Read More »

Source & Sequence: Get Your EB2 Education Right

Credential Evaluation, Immigration, Visa Approvals

Every visa that leans heavily on education has different requirements, especially when it comes to equivalencies for education completed outside of the United States. The EB2 visa in particular is fraught with notorious education traps.

Before you file, make sure you, or your employee or client’s education checks out or you’ll end up with an RFE at best, instead of that approval.

The two big components of EB2 education to keep in mind and source and sequence. Candidates eligible for EB2 status have earned a US Masters degree or higher or its foreign equivalent, or have completed a US Bachelor’s degree or its equivalent followed by at least five years of progressive work experience in the field. Sounds simple enough, right? Not when it comes to equivalencies.

If you, or your employee or client has a degree from outside of the United States, or has a degree in a specialization that does not match the field of occupation, you will need to include a credential evaluation that fills in the gaps. Often, this includes converting progressive years of work experience in the field to years of college credit.

Remember, source and sequence are crucial. Consider, for example, you have, or your employee or client has an Indian three-year degree. You will need to account for the missing fourth year of education for CIS approval. Three years of progressive work experience in the field can be converted into the equivalent for one year of college credit towards that major. This also comes in handy when the degree specialization and job are mismatched. While other visas like H-1B will let you combine the three years of education, or education completed in the wrong major, with years of progressive work experience to meet equivalency and specialization requirements, that’s not how it works for EB2.

With EB2, the Bachelors degree must be a SINGLE SOURCE. This means your client will either need a US Bachelors or Masters degree in the exact field of the EB2 job, or a whole lot of progressive work experience.

The second component to remember is sequence. If you, or your employee or client holds a Bachelors degree or its single source equivalent, they will need an additional five years of progressive work experience, and this work experience must have occurred AFTER the Bachelors degree or its equivalency was earned. This shows that a Bachelors degree or its equivalent was a MINIMUM requirement for the following five years of work experience.

If you have any questions regarding your EB2 education, or your employee or client’s EB2 education, don’t let them go unanswered. Visit ccifree.com for a no charge and no obligation review of the. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our recommendations.

Source & Sequence: Get Your EB2 Education Right Read More »

Countdown to April 2nd: Your H-1B Last Minute Checklist

Credential Evaluation, Immigration, Visa Approvals

The H-1B visa is the most competitive US work visa and the H-1B cap for FY 2019 opens in just a few weeks.

This year, USCIS opens its doors to H-1B petitions on Monday, April 2nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery.

Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case.

Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions.

If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements.

Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized.

There are some situations that are RFE magnets. If you, or your employee or client:

• Has a degree from outside of the US,

• Has a three-year bachelors degree,

• Has an incomplete degree or no college at all,

• Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or

• Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization,

You need to know before you file and address the situation accordingly to preempt an RFE.

At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.

Countdown to April 2nd: Your H-1B Last Minute Checklist Read More »

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