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Credential Evaluation

Attention: H1B Quota Opens April 1st for Fiscal Year 2019!

Credential Evaluation, Immigration, Visa Approvals

April 1st is coming right up! This is the date when CIS begins accepting cap-subject H1B petitions, and at TheDegreePeople, we predict the quota will be met within 5 business days.

While demand for H1B visas continues to rise, there are still only 65,000 visas available for employees with US Bachelors degrees or their equivalency or higher, and an additional 20,000 for employees with US Masters degrees or their equivalent or higher. Last year, CIS accepted 236,000 petitions in five days. CIS is required to accept petitions for at least five business days, or until the quota has been exceeded.

We predict that this year will be no different, giving beneficiaries, their employers, and their lawyers a very small window to file. When the number of petitions exceeds the visas available, CIS uses a randomized lottery to select visas. That means you need to be all ready to file on April 1st.

While there’s nothing you can do for yourself, or your employee or client against lottery odds, you can make sure they 1) get into the lottery by filing on April 1st, and 2) file an impeccable petition that will be easy to approve.

When you’re organizating the petition, keep in mind that some jobs and degrees are RFE magnets. For example, the Indian three-year bachelors degree will likely trigger an RFE if there is no credential evaluation included in the petition that converts work experience into a fourth year of college credit. The job Computer Systems Analysis tends to trigger RFEs because there are hardly any US bachelors degree majors with that exact title. That means candidates with this job need to include a credential evaluation with their petition that shows they have the equivalent of a degree in Computer Systems Analysis or an RFE will arrive instead of approval.

Last year, we saw an unprecedented number of RFEs for computer programmers at level 1 wages. If your, or your employee or client is in this situation, you will want to include an expert opinion letter explaining why the job meets H1B specialization requirements.

Before you file, let us review your case. We have experts and credential evaluators on hand to write the evaluation or opinion letter your client needs to prevent an RFE. Visit ccifree.com for a no charge and no obligation review of your petition, or your employee or client’s petition before you file. We will get back to you in 48 hours or less with a full analysis and pre-evaluation, along with our recommendations.

Attention: H1B Quota Opens April 1st for Fiscal Year 2019! Read More »

Your H1B Checklist for FY 2019

Credential Evaluation, Immigration, Visa Approvals

April 1st is coming up fast and that means it’s time to get started on H1B petitions for fiscal year 2019.

For the past few years, the H1B quota of 65,000 visas and an additional 20,000 for candidates with US Masters degrees or higher or their equivalency has been met within the mandatory five business days that CIS must continue to accept petitions, causing the H1B lottery.  This year, we predict the same situation. That means you need to be ready to file right on April 1st.

Before you file, make sure your petition, or your employee or client’s petition is seamless.  With so many petitions and so few annual cap-subject visas available, CIS is on the lookout for shortcuts to make their job easier.  Don’t let your petition, or your employee or client’s petition raise any red flags.  Make sure the requirements are met, and always be aware of common RFEs and CIS approval trends.  At TheDegreePeople, we work with difficult cases and RFEs every year and we keep a close eye on what CIS is doing.  Based on what we’ve seen over the past few years, here are some things to keep in mind when organizing the petition:

1. Does the job meet H1B requirements for specialization?

To qualify for H1B eligibility, the job must have a minimum requirement of a US bachelors degree or higher or its equivalent.  To prove this, include the ad for the job that specifies its requirements, and include evidence that similar jobs in the industry require the same credentials.  If this job requires a unique level of specialization that is unusual to the typical occupation, include a detailed description of the job and its duties and an expert opinion letter explaining why this job requires an advanced degree to perform.

Last year, CIS used this H1B requirement to issue the Level 1 Wages RFE to an unprecedented number of computer programmers petitioning for H1B status.  Their reasoning was that according to the Occupational Outlook Handbook by the US Department of Labor, entry level computer programmers are sometimes hired with only a US associates degree, which does not meet the H1B requirement of a US bachelors degree or higher.  This RFE caught everyone off guard and we won’t know until RFEs come out for the FY 2019 round of petitions whether or not measures to prevent this RFE will work.  However, if you, or your employee or client has this job at this wage level, here are our recommendations:  If you can, set the job at Level 2 Wages, or indicate a different occupation if you can.  The second option gets tricky because the job on the LCA must match the job on the H1B petition.  Before you try to fit your job, or your employee or client’s job into a different category, consult with us to make sure the job title fits the description, and that the job indicated also meets H1B requirements.  If you cannot take either of these measures, include an expert opinion letter that explains why this job meets H1B requirements.  We have experts on hand 24/7 to help you with this, and we have had great success in answering these RFEs.

2. Does the beneficiary and the employer have an employer-employee relationship?

To meet H1B requirements, the employer must be able to hire, fire, promote and demote, pay, and otherwise control the work the employee does.  Along with this relationship comes the H1B requirement to pay the H1B employee the prevailing wages and benefits for similar jobs in that industry in that geographical location.  To prove this, include a copy of the employment contract and documentation that details the nature of the employee’s work.

This is another area that CIS came down on H1B candidates last year with the Level I Wages RFE.  This issue can be addressed through the means mentioned above.  More importantly, it is important to explain the CIS in the expert opinion letter that just because a job is set at Level 1 Wages doesn’t mean it is entry level, and if it is not entry level, it does not mean that the employee is being underpaid.  That’s not how wage levels work; there are many factors to be taken into consideration that must be detailed in the expert opinion letter.  Including this with the initial H1B petition may be the key to preventing this difficult new RFE.

3. Does the beneficiary clearly meet H1B educational requirements for the job?

H1B educational requirements state that to be eligible the beneficiary must have a US bachelors degree or higher or its foreign equivalent.  You, or your employee or client must hold an advanced degree that meets the requirements for the H1B job.  For the better part of the past decade, CIS approval trends have shown that the degree specialization must be an exact match for the job title.  This is where things get tricky.

If the degree specialization is not an EXACT match for the field of employment, the beneficiary will need a credential evaluation that utilizes years of progressive work experience and a close examination of the courses taken within the degree program to write an evaluation that solidifies the equivalency to the correct degree in the correct field.

If the degree was earned outside of the United States, you will need to include a credential evaluation that clearly spells out the academic value of the degree in terms of US educational standards.  Some degrees, like the Indian three-year bachelors degree, are RFE magnets because CIS is hung up on the missing fourth year even if there are an equal or greater number of actual classroom contact hours in the three-year degree.  Some jobs like Computer Systems Analysis are RFE targets because there are very few colleges and universities that offer that specific major track.

For these two circumstances, you will need a professor with the authority to issue college credit for work experience to write an evaluation that converts years of progressive work experience in the field of the job into years of college credit.  Progressive work experience means that the nature of the work became more complex and specialized, and the beneficiary took on more responsibility as the work experience progressed.  This indicates that skills and knowledge specialized to the field were learned on the job.  At TheDegreePeople, we have professors on hand with the authority to write these evaluations.

The final hangup with regards to education that tends to trigger an RFE happens when a beneficiary has a degree that doesn’t have the word “degree” in the title.  For example, the Indian Chartered Accountancy certification is actually the equivalent of a US bachelors degree in accounting.  The Canadian Chartered Accountancy and the US CPA are not bachelors degree equivalents.  If you or your client or employee has earned an Indian Chartered Accountancy certification, this credential DOES meet H1B eligibility requirements. You will need to submit a credential evaluation with the H1B petition that clearly describes the steps of education and exams – matriculation structure – required to earn this certification to show that the steps involved are equivalent to a US bachelors degree in accountancy.

Before you file, let us review your client’s entire case to make sure there are no red flags, missing documentation or analysis, or gaps between the beneficiary’s job and education, and H1B eligibility requirements.  Simply visit ccifree.com and submit the educational documents, resume, and job description and we will respond within 48 hours with a full analysis and pre-evaluation of the case, and our recommendations for how to preempt an RFE for the FY 2019 filing season.

Your H1B Checklist for FY 2019 Read More »

Dealing with the Level 1 Wages RFE this Year and Next

Credential Evaluation, Immigration, Visa Approvals

This year, we all met the Level 1 Wages RFE that targeted H1B computer programmers working at Level 1 Wages.  We’re still answering these RFEs, and it’s almost time to file again.

First, let’s look at the Level 1 Wages RFE:

Until this year, CIS has left computer programmers at Level 1 Wages alone when it comes to how their pay grade reflects the specialization of their job.  Now, CIS is claiming that computer programming positions at Level 1 Wages are entry level positions.  This is not the case – wage levels don’t work like that.  There are many other factors to consider when it comes to setting wage levels, particularly for new employees.  Entering a new job always requires a heightened level of supervision on the part of the employer, which impact wage levels.  Starting a new job fresh out of a bachelors degree program with the necessary skills and knowledge but little to no direct work experience in the field also requires a heightened level of supervision and training on the part of the employer.  Here’s the catch: these factors set wage levels low to start working, and to start working H1B visa status is needed.

CIS sees that a computer programming position is set at Level 1 Wages and claims that the job is not specialized to meet H1B requirements that state a job must require a minimum of a US bachelors degree or its equivalent to qualify.  The US Department of Labor’s Occupational Outlook Handbook states that employers will sometimes hire entry level computer programmers with less than a US bachelors degree as a minimum requirement, stating that only an associates is needed.  CIS uses this passage as justification to reject the petition.

There are two problems with this:  First, as discussed earlier, this reasoning assumes that a job set at Level 1 Wages is inherently entry level.  This is not true.  Proving this to CIS in the RFE response requires a detailed job description and employer support letter, along with an expert opinion letter that explains wage levels and educational requirements for the industry.  Second, that same passage in the Occupational Outlook Handbook states that employers usually require a minimum of a bachelors degree even for entry level computer programming positions.  This reference also must be included in the RFE response.

At TheDegreePeople, we have experts on hand 24 hours a day, 7 days a week to write the response that you, or your employee or client needs to answer the Level 1 Wages RFE.  For a free review of the case, please send the following documents to [email protected]:

• LCA

• Beneficiary’s Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full review of the case and our recommendations on what to do next.

As we’re wrapping up RFE season, we’re coming right up on filing season.  While we won’t know whether preventative measures will work for this RFE until next RFE season, there are some steps you can take to reduce the risk of dealing with the Level 1 Wages RFE again.  If the job can be set at Level 2 Wages, or the job title can be classified as a different occupation, including these changes in the petition and on the LCA may help prevent the Level 1 Wages RFE.  Remember, the LCA and the petition must be consistent, so whatever you enter in the LCA must be the same in the petition.  The job title must match the job description, so it’s important to be very careful when taking this preemptive measure.  We can consult with you on this.  If can also be helpful to include an expert opinion letter from an RFE response in the initial petition to clear up the misconception about Level 1 Wages and entry level positions from the start.

To preempt RFEs that we have seen coming in after having answered the Level 1 Wages RFE, it’s always a good idea to include a thorough credential evaluation in the initial H1B petition to close any gaps between your or your employee or client’s education and their H1B job.  Foreign degrees, incomplete or nonexistent college education, and generalized degrees or degrees in specializations that are not an exact match for the job title all require credential evaluations to clearly show CIS that the education meets H1B requirements.  If you’re not sure whether you or your employee or client meets H1B educational requirements, let us review the case before you file in April.

Dealing with the Level 1 Wages RFE this Year and Next Read More »

H1B RFEs: Nightmares, Level 1 Wages, and More

Credential Evaluation, Immigration, Visa Approvals

It’s almost time to file H1B petitions for the next fiscal year and we’re still dealing with Level 1 Wages RFEs from last year. In fact, some candidates that successfully answered this difficult RFE are now facing a second round of classic RFEs we’ve seen in the past.

Until this year, the Nightmare RFE that is virtually impossible to answer by its own instructions was the scariest RFE out there. Now, Level 1 Wages has caught everyone off guard and candidates and their attorneys and employers are still dealing with them. After having answered this RFE, a second round of RFEs affecting degrees and jobs that have been RFE magnets in the past are getting hit with CIS’ doubts about their education and employment. While an RFE is a second chance to fortify your case, or your employee or client’s case, it’s also a second chance for CIS to closely scrutinize the case and catch details that would have otherwise slipped under their radar.

The solution is to answer the Level 1 Wages RFE, and in doing so prevent the second round of RFEs. At TheDegreePeople, when we answer an Level 1 Wages RFE, we review our clients’ entire case and make sure we patch up any holes CIS might notice in the second round. We follow CIS approval trends very closely and work with difficult RFEs every year. Some jobs, like Computer Systems Analysis, are RFE magnets because there are very few degree programs with that exact title. Some degrees, like the Indian three-year bachelor’s degree, are RFE magnets because CIS is hung up on that missing fourth year of study even though the college credit hours are comparable. These situations require a detailed credential evaluation that includes years of progressive work experience and documentation of international trade agreements, precedent decisions, and federal case law.

For a no charge and no obligation review of your case, or your employee or client’s case, please send the following documents to [email protected]:

• LCA

• Beneficiary’s Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full review of the case and our recommendations for answering the RFE.

H1B RFEs: Nightmares, Level 1 Wages, and More Read More »

H1B Job Specialization: What's Wrong with the Level 1 Wages RFE

Credential Evaluation, Immigration, Visa Approvals

This RFE posits that the job of computer programmer at Level 1 Wages is not specialized to meet CIS requirements for the H1B visa.

To qualify for H1B status, the beneficiary’s job must require a minimum of a US bachelors degree or its equivalent, and the beneficiary must hold the necessary credentials in that field.  The purpose of the H1B program is to attract bright minds to US colleges, universities, and graduate programs with the option to remain in the country to work having qualified for H1B status after graduation, and also to attract highly skilled workers to the US who have already earned advanced degrees to jump right into the workforce.  Strengthening and furthering the development of STEM industries in the US is one of the central purposes of the H1B program, and computer programmers are essential to this goal.

That’s why this particular RFE is so damaging – it directly targets computer programmers, particularly recent college graduates who require a high level of supervision as they enter the workforce after having earned their bachelors degrees.

Here is the gist of what CIS says in the RFE:  Computer programmers at Level 1 Wages do not meet H1B job specialization requirements because, according to a passage in the US Department of Labor’s Occupational Outlook Handbook, some employers will hire entry level programmers with only a US associates degree.  This wrongly assumes that just because a job is set at Level 1 Wages it is automatically entry level.  This also ignores the other part of that same passage in the Occupational Outlook Handbook that states employers will usually require a US bachelors degree as a minimum requirement for entry level programmers.

The solution is a thorough expert opinion letter that analyzes the holes in the rationale of the RFE, accompanying a detailed job description.  We have experts on hand 24/7 ready to help you.  Let us review your case, or your employee or client’s case at no charge and no obligation.

Please send the following documents to [email protected]:

– LCA

– Beneficiary Resume and Educational Documents

– Employer Support Letter

– Detailed Job Description

– RFE

We will get back to you in 48 hours or less with a full analysis of the case and our recommendations on how to move forward to get the RFE overturned and the visa approved.

H1B Job Specialization: What's Wrong with the Level 1 Wages RFE Read More »

EB2 or EB3? – Find out Before You File

Credential Evaluation, Immigration, Visa Approvals

While there are extensive wait times for approval for both categories, EB2 has a much shorter wait time.  For this reason, it can be tempting for beneficiaries to try to meet EB2 requirements with EB3 education.

To qualify for EB2 status, a beneficiary must hold a US Masters degree or higher, or its foreign equivalent, OR a US Bachelors degree or its foreign equivalent FOLLOWED BY five years of progressive work experience.

It’s important to not here that simply having a Bachelors degree or its equivalent and five years of work experience in the field of the EB2 job is not enough to meet these requirements.  To count towards the educational qualifications, the work experience must follow having earned the Bachelors degree to show that the advanced education was a minimum requirement for the work experience.

Before filing, let us review your case, or your client or employee’s case.  It is not always clear whether or not the beneficiary will qualify for EB2 or EB3, and you definitely don’t want to miss out on the opportunity to file EB2.  The right credential evaluation takes the requirements of the visa into consideration, along with a whole host of other factors by which equivalency is determined.

For a free review, pre-evaluation, and analysis of your case, or your client or employee’s case, simply go to ccifree.com and submit your clients resume and educational documents.  We will get back to you within 48 hours with our recommendations.

EB2 or EB3? – Find out Before You File Read More »

H1B RFE of the Year: Level 1 Wages

Credential Evaluation, Immigration

Virtually every year, CIS gives us a new challenge to overcome, and every year, we learn how to answer it.  The Level 1 Wages RFE is no different.  It just means we have to do our research and documentation better than CIS does in the RFE.

When it comes to the Level 1 Wages RFE, it takes expert opinion letters and extensive citations and documentation that shows the job of computer programmer at this wage level is specialized to meet H1B requirements.  This means, the job must require a minimum of a US bachelor’s degree or its foreign equivalent.

CIS states that the job of computer programmer at Level 1 Wages does not meet H1B specialization requirements because entry level computer programmers are sometimes hired with just a US Associates degree.  While on its face, this may seem reasonable, but it just takes a little more research and documentation to debunk the justification of this RFE:

First, just because a job is set at Level 1 Wages doesn’t mean it’s entry level.  One big example that particularly applies to H1B eligible computer programmers is that these workers are often fresh out of college.  Having completed a Bachelors degree, but not having the hands on experience working in the field means employers must provide a high level of training and supervision as these workers begin.  Hence, the job is set at Level 1 Wages.

Second, CIS cites a passage in the US Department of Labor’s Occupational Outlook Handbook where it says that sometimes employers will only require entry level computer programmers to have a US Associates degree.  However, that same passage also states that this is unusual and employers typically require their entry level programmers to have a US Bachelors degree.

If you or your employee or client received a Level 1 Wages RFE, we can help.  Simply send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full review of the case and our suggestions on how to best proceed.

H1B RFE of the Year: Level 1 Wages Read More »

What does the Level 1 Wages RFE Mean for the H1B Visa?

Credential Evaluation, Immigration

There are a couple of particulars about this RFE that make it especially threatening to the H1B program at large.  This RFE targets computer programmers at wage level 1, claiming that this means it’s an entry level position and employers will hire entry level computer programmers with only a US Associates degree.  They cite a passage from the Occupational Outlook Handbook that states this.

The problems are as follows: the same passage states that typically employers will require a minimum of a US Bachelors degree, which satisfies the H1B educational requirement that a beneficiary must have a US Bachelors degree or higher or its foreign equivalent.  The second problem is that just because a job is set at level one wages doesn’t mean it’s an entry level position.

Here is why this is dangerous: this RFE indirectly targets foreign students that come to the US for college.  The H1B visa is an incentive to attract bright minds from around the world to US academic institutions because it offers them the opportunity to stay in the country after college to contribute their ideas, insight, knowledge, and ability to the US workforce, particularly in STEM industries where it is needed the most.  Computer programmers working at level 1 wages are likely to be fresh out of college and just entering the workforce.  The low wage level is set not because it is entry level, but because a high level of training and supervision is still required on the part of the employer for recent graduates just entering the workforce as they acclimate to applying their learned skills to the work environment.

The Level 1 Wages RFE is a deterrent for international students as well as international workers, and it’s up to all of us to fight it.  Just as we’ve cracked the code of the dreaded Nightmare RFE in years passed, we’ve also learned how to address this new RFE.

If you or your employee or client has received a Level 1 Wages RFE, let us review the case at no charge and no obligation.  Simply send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full review of the case, and our suggestions on how to move forward to successfully overturn the RFE.

What does the Level 1 Wages RFE Mean for the H1B Visa? Read More »

How to Use the Level 1 Wages RFE as a Tool

Credential Evaluation, Immigration

It seems like every year CIS is coming out with a new difficult RFE to throw H1B beneficiaries and their employers and attorneys a curve ball.

This year, we were all caught off guard by the Level 1 Wages RFE that targets computer programmers. As with all other years, this RFE is an opportunity to strengthen your case, or your client or employee’s case when you respond to it. In fact, your response to this RFE should be viewed as a tool to do this, and to preempt a second round of RFEs.

When you respond to the Level 1 Wages RFE, it’s important to be aware of other risks involved in your case, or your client or employee’s case. Some jobs, like Computer Systems Analyst, are RFE magnets. Some degrees, like generalized degrees or the Indian three-year Bachelors degree, also attract a disproportionate number of RFEs. If a candidate’s degree is not an exact match for their H1B job, CIS is likely to issue another RFE about that issue when you answer the first. That’s why when we answer the Level 1 Wages RFE, we review our clients’ entire case and write a credential evaluation that preempts these situations.

Don’t let the Level 1 Wages RFE catch you off guard or distract you from the classic RFEs we’ve seen year after year, because they haven’t gone away.

For a no charge and no obligation review of your case, or your employee or client’s entire case, please send the following documents to [email protected]:

• Candidate’s education documents and resume

• Employer support letter

• LCA

• Detailed job description

• RFE

We will get back to you in 48 hours or less with a full analysis of your client’s case and our suggestions on how to move forward answering the initial RFE and preventing the next.

How to Use the Level 1 Wages RFE as a Tool Read More »

Level 1 Wages: Who is to Blame for this RFE?

Credential Evaluation, Immigration

Sometimes, the attorney filed the petition wrong. Sometimes, the candidate simply doesn’t have the credentials to meet H1B requirements. Sometimes, the candidate does have the qualifications but the credential evaluation to prove it was either not included or written without consideration of the job or H1B visa. Sometimes, the job doesn’t meet CIS requirements for specialization.

However, when it comes to the Level 1 Wages RFE, CIS is to blame.

This RFE hit the H1B world this season from out of nowhere with unprecedented scope, targeting computer programmers working at Level 1 Wages. No one saw it coming, and everyone is scrambling to answer it.

In this RFE, CIS claims that computer programmers working at Level 1 Wages are entry level computer programmers, and that entry level computer programmers can be hired with only a US Associates degree as a credential. Since H1B requirements state a qualified candidate must hold a US Bachelors degree or higher or its equivalent, CIS claims that the job doesn’t meet specialization requirements for H1B status. CIS cites a passage in the Department of Labor’s Occupational Outlook Handbook that states sometimes employers will hire entry level computer programmers with Associates degrees.

There are several problems with this. This first and most obvious is that just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position. That’s not how wage levels work. One of the main goals of the H1B program is to attract bright minds from around the world to US colleges and universities so they can stay on with H1B jobs working in STEM industries – industries in which the US desperately needs more highly skilled workers. After graduating with a Bachelors degree, candidates have little to no experience on the job even though they possess the specialized skills and understanding, as well as the degree. These workers still need a high level of supervision and guidance, which factors into their low starting wage. There are other nuances that effect how wage levels are set that CIS doesn’t take into consideration with its reasoning.

Second, that same passage in the Occupational Outlook Handbook also states that in most cases, employers will require a minimum of a US Bachelors degree for entry level computer programmers.

CIS is wrong on both fronts, and this RFE is their fault. This doesn’t change the fact that it’s on us to answer it.

At TheDegreePeople.com, we work with difficult RFEs every year, and we are always able to find creative solutions that work. For a free review of you or your client or employee’s case, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full analysis of your case, or your client or employee’s case, and our recommendations of how to address this RFE and preempt a second round of RFEs in the process.

Level 1 Wages: Who is to Blame for this RFE? Read More »

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