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Immigration

Your H1B Solutions for the Generalized Degree

Credential Evaluation, Immigration, Visa Approvals

  • Specialized Job
  • Specialized Education
    • Successful candidates meet both of these requirements by having a job that requires an advanced degree – a US bachelor’s degree or higher or its foreign equivalent – to perform, and the accompanying education required to perform it. CIS requires this education to be specialized precisely to the field. That’s where candidates run into trouble come filing season. Do you, or does your employee or client have a generalized degree or a degree specialization is a field other than the job? Then you need a credential evaluation. Even if the degree is from a US institution, CIS requires a degree equivalency in the exact specialization of the candidate’s job. For example, a business degree will not cut it for a job in finance. A sociology degree will not cut it for a job in psychology. A job in biology requires a bachelor’s degree or higher in biology – not chemistry, geology, or physics. If you or your employee or client has a generalized degree or a degree mismatched to their job, take the transcripts and work experience to a credential evaluator who works regularly with H1B visas and their RFEs. Evaluators who work regularly with RFEs understand what triggers them and how to prevent them. CIS approval trends regarding education have changed in the past six or seven years, and one of those changes is that the degree specialization must be an EXACT match for the job offer. The evaluator can take a close look at the course content of the candidate’s education, and combine that with progressive work experience in the field to write the evaluation you need to prove educational specialization. Be sure that the evaluation agency you work with has professors on hand who are authorized to issue college credit for work experience. This way, the candidate’s years of work experience in the field can be converted into college credit counting towards their specialized major equivalency. CIS accepts a three years of progressive work experience to one year of college credit in the field equivalency for the H1B visa. Consult with your evaluator to make sure you or your employee or client has the right kind of work experience – and enough of it – before you order your evaluation. About the Author  Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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    Get Those Visas Ready! H1B Season Starts April 1st

    Credential Evaluation, Immigration, Visa Approvals

    st, 2017 for visas for fiscal year 2018. The annual cap is 65,000 for candidates with bachelor’s degrees, and another 20,000 for candidates with master’s degrees of higher. This cap has not changed. Last year, CIS received a record 236,000 petitions in the first five days of opening its doors to petitions, during which CIS is mandated to continue to accept petitions even if the cap is exceeded. After that point, the petitions go into a randomized lottery for review for approval. Every year, more and more petitions have come in, exceeding the annual H1B cap in the first week. There will almost certainly be an H1B lottery again this year. That means if you or your employee or client has a cap-subject H1B job and is petitioning for a visa for FY2018, the petition MUST be filed on April 1st or very shortly after to make the lottery. Make sure that when you file, everything you or your employee or client needs to get the visa approved is included. If you or your employee or client has a degree that doesn’t fit their job title, a foreign degree, a three-year bachelor’s degree, or any other unusual education situation, do not file without first consulting with a foreign credential evaluation agency that specializes in H1B visas. Making the lottery only to receive an RFE or worse is not worth the time, money, and energy. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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    You Can Sidestep the Most Common H1B RFEs

    Credential Evaluation, Immigration, Visa Approvals

    Degree does not match the job title We expect this CIS approval trend that emerged about six or seven years ago to hold strong. Your degree, or your employee client’s degree must be an exact match for the job. H1B visa holders must work specialty jobs and have the specialized skills and expertise required to perform the duties of these jobs. To prove specialization, you or your employee or client must either hold a degree in that exact field, or have the individual credits and work experience to write an equivalency to that exact field. For example, if you or your employee or client has a job in finance and a Bachelor’s degree in business, you need to include a credential evaluation that takes a close look at the candidate’s courses taken in finance, as well as work experience in the field of finance. Work experience – so long as the candidate took on progressively more responsibility through this work – can be converted into years of college credit with three years of work experience equating to one year of college credit in the field. This evaluation is necessary to sidestep this VERY common RFE. Three-year bachelor’s degree At TheDegreePeople, we work with many clients with Indian three-year Bachelor’s degrees. Every year, we see that without a credential evaluation, virtually all of these clients receive an RFE. In the past, we’ve been able to answer these RFEs by showing that the course content of three-year degrees is the equivalent to a US four-year bachelor degree by converting classroom contact hours into college credit hours using the Carnegie Unit conversion of fifteen classroom contact hours to one hour of college credit. However, last year it did not work. Luckily, we always have a plan B. This year, if you or your employee or client has a three-year bachelor’s degree, you should understand right off the bat that your client will need a work experience conversion to get the H1B visa approved. CIS is hung up on that missing fourth year, and at the end of the day, it’s up to them whether or not to approve your visa, or your employee or client’s visa. Consult with a credential evaluation agency about the candidate’s education and work experience and include a credential evaluation with a work experience conversion in the initial H1B filing on April 1st. If either or both of these situation matches that of you or your employee or client, do not file without the appropriate work experience conversion. It’s important to remember that not all credential evaluation agencies are authorized to make this work experience conversion. Only a college or university professor is authorized to issue college credit for years of progressive work experience. The credential evaluation agency you want to work with has these professors on staff or on contract to write the evaluation you or your employee or client needs to sidestep an education RFE. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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    How Can You Avoid that H1B RFE?

    Credential Evaluation, Immigration, Visa Approvals

    st is right around the corner and you want to make sure you have the time you need to file a petition that’s going to be approved. In the haste of preparation, it’s important to keep in mind that the rate of RFEs is high and climbing, and submitting a petition that doesn’t meet H1B requirements is a costly waste of time. Meeting H1B educational requirements clearly and initially is the key to visa approval. Successful H1B candidates must hold a US bachelor’s degree or higher or its foreign equivalent in their field of employ. This sounds simple enough, but matters get tricky when a candidate holds a degree or vocational certificate from outside of the United States. Many candidates are misinformed about their US educational equivalent. This leads to submitting petitions that are doomed to failure. For example, some candidates have earned diplomas and certificates that are not the equivalent of degrees in the United States. Sometimes, the value of the degree gets lost in translation into English. Some vocational certifications from other countries ARE the equivalent of a US bachelor’s degree even though the US vocational certification is not. Foreign credential evaluation is a highly nuanced process that encompasses international education, college and graduate program admissions policies, international trade and commerce agreements, federal case law, and CIS precedent decisions. All of these factors come into play when discerning whether or not you education, or your employee or client’s education meets H1B requirements, and does so with respect to CIS approval trends. Before you get too far on the H1B petition, take the candidate’s education and work experience to a credential evaluation agency. The right agency for you works regularly with H1B cases and their RFEs. When you call or email, they will respond promptly and ask about your or your employee or client’s job and visa. If the agency does not ask about the job and visa, look elsewhere. Don’t file an H1B petition with the wrong education. If a candidate does not meet CIS educational requirements with their foreign degree, they may be able to meet equivalency requirements by including a work experience conversion with a detailed credential evaluation. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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    Your H1B Job and Education: Tips for Proving Specialization

    Credential Evaluation, Immigration, Visa Approvals

    Specialization, H1B visa status is for foreign workers with advanced degrees working specialty occupations. These jobs require a US bachelor’s degree or higher or its foreign equivalent as a minimum requirement. Additionally, CIS requires the degree to be in the exact specialization of the job, as has been proven by recurrent CIS approval trends over the past five plus years.

    If you or your employee or client is applying for H1B visa status, you have two jobs:

    1. Clearly show that the job is a specialty occupation.
    2. Clearly show that the candidate has the specialized skills and knowledge necessary to perform the duties of this occupation.

    You can do this by providing evidence and documentation about the nature of the beneficiary’s job and education.

    Proving Occupational Specialization

    To do this, you must clearly show that the job requires the minimum H1B educational requirements to perform. In the petition, include the ad for the job showing with the minimum requirements are. Also include ads for similar jobs in the same industry to show that this level of specialization is standard for this specific occupation, and not just tailored to meet the needs of you or your employee or client’s visa.

    If the job does require unique specialization that similar jobs for similar companies do not, include an expert opinion letter about why this is the case. Industry experts, a detailed explanation from the employer, and other reputable professionals are necessary to prove that the job meets H1B specialization requirements.

    Proving Educational Specialization

    Once you have clearly shown that the job is a specialty occupation, now you must show that you or your employee or client meets the educational requirements for the job, H1B requirements, and CIS approval trends.

    To do this, you or your employee or client must hold a US bachelor’s degree or higher or its foreign equivalent in the exact field of the specialty occupation. That means if the job is in Computer Systems Analysis, the degree must be in Computer Systems Analysis. If the job is in Chemistry, the degree must be in Chemistry.

    If you or your employee or client holds a degree in a related field, this will not work for CIS. What also won’t work for CIS is having a degree from outside of the US. Both of these situations require an extra step when organizing the petition: credential evaluation.

    Take the beneficiary’s education and work experience to a foreign credential evaluator with experience working with H1B visas and their RFEs. These evaluators know what CIS is looking for and what tends to trigger an RFE. They understand what CIS needs to evidence equivalency, and these needs change. For example, if you or your employee or client has a three-year bachelor’s degree from India, CIS will not accept that this is the equivalency of a US four-year bachelor’s degree even if it has the same or greater number of college credit hours. CIS needs a work experience conversion, wherein three years of progressive work experience in the field can be converted to one year of college credit in the field by a professor with the authority to do this. Many credential evaluation agencies work with professors with this authority for this very reason. This conversion can also be used to write an equivalency to the degree in the correct field to prove that you have, or your employee or client has the specialized skills and knowledge necessary for the specific H1B job.

    If you or your employee or client has a degree from outside of the United States, or a degree in the wrong specialization, do NOT submit the petition without a credential evaluation. Without one, you have not proven specialization, which is the key aspect of this visa.

    About the Author

    Sheila Danzig

    Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800 771 4723

     

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    2017 EB2 Education Trends You Need to Know About

    Credential Evaluation, Immigration, Visa Approvals

    The Degree must EXACTLY fit the job title on the PERM One common mistake in EB2 filing occurs when a candidate’s education does not exactly match the job title on the PERM. In the past, CIS has allowed candidates with degrees in fields related to their job to have their visas approved, but educational standards have tightened. This means if you have, or if your employee or client has a degree in a field that doesn’t exactly fit the field of employ, you cannot simply file as is. EB2 occupations are highly specialized, and you need to clearly show CIS that you have, or your employee or client has the precise skills and knowledge necessary to excel at the job. This means having education specialized to the profession. If this is you situation, or your employee or client’s situation, have a credential evaluator with experience working with EB2 petitions review the education and work experience. With the proper conversions, documentation, and citations, you may be able to get the evaluation needed to account for the proper degree specialization. The Bachelor’s Degree must be a SINGLE SOURCE If the bachelor’s or master’s degree is not an exact match for the job title on the PERM, or if you or your employee or client has a three-year bachelor’s degree, or anything other than a straightforward US education that fits the field of employ, DO NOT file without a credential evaluation. The purpose of this is to explain that the candidate holds the educational value equivalency of the education required by CIS to meet EB2 eligibility requirements. However, this leads into another common problem EB2 candidates face: the bachelor’s degree must be a SINGLE SOURCE. Unlike other visas, you cannot combine work experience and college credit to make the bachelor’s degree or master’s degree equivalency in the correct specialization. However, CIS does accept a work experience conversion of ONLY years of work experience in the field into enough years of college credit to meet CIS requirements for bachelor’s degree equivalency. Talk to a credential evaluator with the authority to convert years of work experience into college credit to see if you have, or your employee or client has the background necessary for this solution. EB2 processing time is years shorter than the time it takes to process EB3 petitions. For this reason, candidates are tempted to try to meet EB2 requirements even if they do not. DO NOT BE TEMPTED BY THIS. It is a waste of time. However, if the EB2 educational requirements can be met, definitely take advantage of this. Before you file, have a credential evaluator with extensive experience working with EB2 cases and EB2 RFEs review your case, or your employee or client’s case and see if you can clearly meet the requirements for this visa. If the education and work experiences fit, congratulations! Go for it. About the Author   Sheila Danzig Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.  ]]>

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    Expert Tips for You To Successfully Answer an H1B RFE

    Credential Evaluation, Immigration, Visa Approvals

  • Don’t expect your RFE to tell you how to answer it.
    • A big mistake candidates and their lawyers make every year is expecting the RFE to be helpful. When you read the RFE, remember that it is a tool CIS uses to weed out petitions. It’s a red flag. There are far too many petitions for the annual H1B visa cap every year and your RFE or your employee or client’s RFE is most likely a documented excuse for denial rather than a tool to help you. Read the RFE, make note of what it’s asking, but don’t get caught up in its wording and specific demands. Remember, some RFEs are virtually impossible to answer based on the directions they provide. This does not mean they’re impossible to answer. You just need to look for the answers in the right places.
    1. Reference and Understand H1B Requirements.
    The initial H1B eligibility requirements are the right place to look for the answers you need to get that RFE overturned. Your RFE, or your employee or client’s RFE was triggered because the evidence provided in the initial petition fell short of clearly proving the initial H1B requirements were met. Find out which requirements CIS is unclear about. When you go over the RFE, first revisit the detailed requirements INCLUDING current CIS educational trends, and then have these requirements on hand while you read through the RFE to discern where evidence was lacking. Then, figure out what documentation you need to fill in the gaps.
    1. Don’t expect to always be able to provide the specific materials the RFE requests.
    You will NOT always be able to get the specific documents CIS requests in the time allotted to answer the RFE. RFEs like The Nightmare are not designed to be answered, they are designed to confuse and justify denying the visa. If you follow the directions in an RFE like this one, you will find yourself out of time, out of money, and nowhere closer to getting your visa, or your employee or client’s visa approved. So don’t expect to in the first place and you will save yourself a whole heap of stress.
    1. Discern what it is CIS really wants to know.
    So you’ve reviewed the initial H1B requirements, you understand that the answer to your RFE does not lie within the RFE itself, and you know that you won’t necessarily be able to provide the exact documentation CIS requests in the RFE. Now it’s time to discern what CIS really wants to know. Sit down together, read the RFE with the initial H1B requirements, and figure out what CIS really wants to know. Where was clarity lacking in the initial petition? In many cases, the shortcomings have to do with CIS approval trends regarding educational equivalencies, or with proving specialization. When you meet with your team, be sure that your team includes a credential evaluator with experience working with H1B RFEs, understands CIS education regulations and approval trends, and has an in-depth understanding of international education. Education requirements and what is and what is not accepted as valid educational equivalencies for H1B visas have changed in recent years, and meeting these requirements can take a creative approach.
    1. MEET THE DEADLINE.
    Don’t miss the deadline. Make sure your RFE answer is filed by the deadline, and includes all of the documentation and evidence you need to strengthen your case, or your employee or client’s case, in order, and easy to read. It is highly unlikely you will get an extension, and missing the deadline will most likely lead to the case getting rejected. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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