3 More Reasons to Get Your H1B Visa
- Dual Intent
- Gateway to a Green Card
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Immigration
Challenges and Benefits of Hiring H1B Employees to Your Start-Up Staff
st. Detailed evidence that your company upholds US labor standards is necessary for this application to be approved so you and your employee or client can move forward on the petition process. This will benefit your company in the long run by ensuring that your business is built on a basis of excellence. If you hire a foreign worker, you will most certainly be held to higher standards and have those standards enforced more strictly than if you simply hire US-born workers. However, this will ensure that your company get off to a legitimate start and evolve from a strong, solid foundation. There are simply not enough highly skilled workers who are US citizens to meet the growing job demands of the IT industry, and plenty of brilliant minds from other countries who want to work for you. At the same time, with H1b employees on staff, your company will have strong roots in an international perspective and a global focus. As the business world – particularly the IT world – becomes evermore globally oriented, your company will already be structured for this modern, global industry while established companies and other start-ups that don’t hire H1b workers will have to adapt. It is well worth the extra attention to the details of the petition process to start up your new business with H1b employees on your staff. About the Author Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge. ]]>
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Who is to Blame for Your RFE?
When is it the attorney’s fault? Very rarely, an attorney will file a PERM incorrectly. Generally, however, the attorney error occurs when the candidate’s education is not reviewed by an education specialist before the PERM is filed. In this case, the candidate’s account of the education is incorrect or does not meet the CIS definition of a degree for that particular Visa. Unless this is the case, don’t file your attorney over an RFE. When is it the evaluator’s fault and how can it be the fault of the evaluation but NOT the person who wrote it? There are situations when the RFE is clearly the evaluator’s fault because the evaluation was incorrect. For example, when a non-accredited PGD is listed as accredited, CIS jumps on that inaccuracy to issue an RFE. However, every evaluation is different, and evaluations for different Visas must be written very differently. When an evaluator writes an evaluation for any particular visa, he or she must know both the Visa regulations AND current CIS trends. The evaluator may have done the job properly but the equivalence does not work for the particular Visa. For example, someone with a four-year degree in electrical engineering can have an evaluation written perfectly showing equivalence for a US bachelor’s degree in electrical engineering, and then receive an RFE because his or her job is in the field of computer software analysis. This sort of mismatch triggered an onslaught of RFE’s this year. The evaluator did a good job, but the evaluation was not correct for the purposes of the Visa. In this case, you may have likely found the write evaluator, he or she just wrote the wrong evaluation correctly. To avoid this, make sure you order your evaluation from an agency that knows education regulations for each Visa. If you advise an evaluation agency that you need an evaluation for an H1B visa and they don’t ask about the job offer, find a new agency. The degree must precisely fit the field of employ for this Visa and the evaluator needs to know this information so they can evaluate an equivalency to the proper degree. If you are not asked about the job offer, the agency simply does not understand what is required of H1B Visa candidates. If you have already paid an evaluator and a mistake was made, I suggest you go back to that evaluator to try to address your RFE. However, if the evaluation agency did not make sure that the evaluation was written for the particular Visa it was ordered for, that may just be how they operate. They may just be writing standard evaluations and not be authorized to make the conversions necessary to prove equivalence between fields or across educational system structures. You cannot expect an agency to do something they don’t claim to do. The evaluation agency you want is one that will look at the education, as well as the visa requirements and current CIS trends. When is it CIS’s fault? Government bureaucracies make mistakes and some RFE’s are simply factually incorrect. Everything in a petition could be done correctly and you can still receive an RFE. Often when CIS is at fault, the RFE will state that an accredited university is not accredited, or that a qualified evaluator is not qualified. While these RFE’s are frustrating, they are also easy fixes. With the help of your evaluator, you can easily provide these facts and receive an approval. When is it the Candidate’s Fault? Candidates make mistakes. They have been known to insist that their high school documents are college level. They have also been known to provide poorly translated documents, or even fraudulently translated documents. Often but not always, a good evaluator can pick up on these problems before starting in on the evaluation, but not all evaluation agencies will review a candidate’s case before accepting payment and writing it. To be sure that no problems arise further down the road that can trigger an RFE, we always review all of the documents before accepting a credential evaluation order. Before we have seen all of the education documents, a resume, and the RFE or Denial if one has been issued, we have no way to discuss any given candidate’s case. We want to discover any issues in the documents right away in order to eliminate the vast majority of client confusion and misinformation. When is it no one’s fault? Sometimes, it really is no one’s fault. CIS trends change. As we have seen especially in the past seven or so years, CIS trends can change very quickly. We can only, at best, know what they generally do and what they have done. CIS can be a wildcard, and for that reason we can never guarantee what they are going to do. When this happens, all you can do is carefully read the RFE, understand what is being asked of whom and who can provide the requested evidence, and do your best. Can we draw a usable conclusion? Yes. If you have a competent attorney, work with him or her to resolve the RFE. If you used an evaluation agency before receiving an RFE, go back to them. Next time, make sure you are working with an agency that reviews the education and Visa requirements before you order. If that is not their policy, find a new agency. If that is their policy, hear them out. As much as I would like your business, an RFE is really not a reason to jump ship if an evaluation agency’s overall work has been good. Few agencies have passed through the RFE gauntlet this year unscathed, and many of these RFE’s are not the fault of the agency. Or the fault of the attorney. If you receive an RFE, the best solution is to remain calm and deal with it as best you can. About the Author Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.]]>
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Case Study: EB2 RFE for Education Not Matching PERM Requirement – APPROVED
Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/. ]]>
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Case Study: H1B Nightmare RFE – APPROVED
Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/. ]]>
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Who is to Blame for Your H1B RFE?
But whose fault is it REALLY and why does it matter whose fault it is anyway?
True, sometimes it is the attorney or evaluators fault, but sometimes it is CIS’s fault.
Sometimes it is the fault of the evaluation but not the evaluator.
Sometimes it is CIS’s fault.
Sometimes it is the candidate’s fault.
Sometimes it is no one’s fault at all.
It matters because there is absolutely no reason to get a new attorney or a new evaluator at this stage of the process if the RFE was not their fault.
The first step to successfully responding to an RFE is to understand what is being asked for, and of whom is it being asked, and which party can provide the necessary evidence. Knowing who is at fault for the RFE is a big part of understanding how to move forward.
When is it the attorney’s fault?
Very rarely, an attorney will file an application incorrectly. Generally, however, the attorney error occurs when the candidate’s education is not reviewed by an education specialist before the application is filed. In this case, the candidate’s account of their education and experience is incorrect or does not meet the CIS requirements for the H1-B. Unless this is the case, don’t fire your attorney over an RFE.
When is it the evaluator’s fault, and how can it be the fault of the evaluation but NOT the person who wrote the evaluation?
There are situations when the RFE is clearly the evaluator’s fault because the evaluation was done incorrectly. For example, when a non-accredited PGD is listed as accredited, CIS jumps on that inaccuracy to issue an RFE. This rarely happens, because most evaluators are highly trained in spotting unaccredited education.
However, every evaluation is different, and evaluations for different Visas must be written very differently. When an evaluator writes an evaluation for any particular visa, he or she needs to know both the Visa regulations AND current CIS trends. Not every evaluation agency is aware of the Visa regulations. The evaluator may have provided the evaluation ordered by the client, only to find that the equivalence does not work for the particular Visa. For example, if you have a four-year degree in electrical engineering, you can receive an evaluation written correctly showing an equivalency to a US bachelor’s degree in electrical engineering, but then receive an RFE anyway because your job is in the field of computer software analysis. This sort of mismatch triggered an onslaught of RFEs this year. The evaluator did a good job, but the evaluation was not correct for the purposes of the Visa. In this case, you may have likely found the right evaluator, but he or she provided you with the wrong evaluation even though they acted in good faith. To avoid this, make sure you order your evaluation from an agency that knows education regulations for each Visa. If you advise an evaluation agency that you need an evaluation for an H1-B visa and they don’t ask about the job offer, find a new agency. The degree must precisely fit the field of employment for this Visa and the evaluator needs to know this information so they can evaluate an equivalency to the proper degree. If you are not asked about the job offer, the agency does not look at the Visa regulations and is not right for this job.
If you have already paid an evaluator and a mistake was made, I suggest you go back to that evaluator to try to address your RFE. However, if the evaluation agency did not make sure that the evaluation was written for the particular Visa it was ordered for, that may just be how they operate. There is nothing wrong with that unless they lead you to believe that they evaluate for immigration and meet Visa requirements as part of their service. They may just be writing standard evaluations and not be authorized to make the conversions from work experience to education, which is necessary to prove equivalency between fields or across educational system structures. You cannot expect an agency to do something they don’t claim to do. So the evaluation agency you want and need is one that will look at the education, as well as the visa requirements and current CIS trends.
When is it CIS’s fault?
Government bureaucracies make mistakes and some RFEs are simply factually incorrect. Everything in a petition could be done correctly and you can still receive an RFE. Often when CIS is at fault, the RFE will state that an accredited university is not accredited, or that a qualified evaluator is not qualified. While these RFEs are frustrating, they are usually also easy fixes. With the help of your evaluator, you can easily provide these facts and receive an approval.
When is it the Candidate’s Fault?
Yes, you make mistakes too. Candidates have been known to insist that their high school documents are college level or that unaccredited education is accredited. They have also been known to provide poorly translated documents, or even fraudulently translated documents. Generally, a good evaluator can pick up on these problems before starting in on the evaluation, but not all evaluation agencies will review a candidate’s case before accepting payment and writing it. To be sure that no problems arise further down the road that can trigger an RFE, we always review all of the documents before accepting a credential evaluation order. Before we have seen all of your education documents, a resume, and the RFE or Denial if one has been issued, we have no way to discuss your case. We want to discover any issues in the documents right away in order to eliminate the vast majority of the confusion and misinformation you may experience down the road.
When is it no one’s fault?
Sometimes, it really is no one’s fault. CIS trends change. As we have seen especially in the past seven or so years, CIS trends can change very quickly. We can only know what they generally do and what they have done in the past, which helps a great deal. CIS can be a wildcard, and no one can guarantee what they are going to do. When this happens, all you can do is carefully read the RFE with your team, understand what is being asked of whom and who can provide the requested evidence, and then do your best to beat it.
Can we draw a usable conclusion?
Yes. The entire team should review the RFE. Your attorney, your employer, your evaluator, and, of course, you should review the RFE. An evaluator with extensive experience with RFEs could be familiar with the RFE and know how they have been resolved. Work with him or her to resolve the RFE. If you used an evaluation agency before receiving an RFE, go back to them. Next time, make sure you are working with an evaluation agency that reviews the education and Visa requirements and gives you all of your options before you order. If that is not their policy, it might be best to try a new agency. Remember that few agencies have passed through the RFE gauntlet this year unscathed, and many of these RFEs are not the fault of the agency, or the fault of the attorney or employer or you. Do your homework before you file because avoiding RFEs is far superior to resolving them.
About the Author
Sheila Danzig
Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com or call 800 771 4723 Mention that you saw this in the ILW article and get 72 hour rush service at no charge.
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Moving Your Life Abroad: The Five Stages of Adjustment and How You Can Smooth Your Transition
The first few months are always the hardest. Just because you are four months into your life in a new place and you feel depressed does not mean you made a mistake. It’s not a personal failing on your part either. It just means you are a human going through a period of adjustment. Knowing what this adjustment progression looks like and how it is likely to play out in your life will help you transition smoothly, knowing that acceptance and integration into your new life is on its way.
- Honeymoon Period
When you first arrive in your new life, you will likely find yourself ecstatic. Everything will be fresh and new. Your new job, your new home, your new life will all be exciting and interesting. Adrenaline will guide you through the hardest period of this initial burst of change. Much like the shock that accompanies the first stage of grief, the honeymoon period acts as a survival mechanism as you interface with the massive changes in your life.
- Stage of Culture Shock
When the haze of the honeymoon phase wears off, you are likely to find yourself facing culture shock. You are in a new place, with a new language and culture. Many people describe this stage as feeling like a child again, and it is exhausting. In every interaction, you will have to work harder to understand and be understood. Even if you arrived knowing the language, you will have to learn a new accent. Not being able to express yourself as your used to causes feelings of frustration and loneliness. Getting lost in your new location is common. If you have come over as a student or to work with an advanced degree or license, you will likely have to go back to school, make up classes to fill in the gaps between educational systems, or get relicensed for something you have been doing for many years. Your standard of living is likely to take a dive, recovering from the expenses of your transition and having to repeat education and get relicensed or certified. In many ways, you will find yourself back at square one. You will be beginning your adulthood all over again.
By the time you reach the second stage, you are likely to feel you have made a big mistake. At first, it was great to be in a new place, now you are having profound second thoughts. Don’t panic! This stage will pass. Moving from being in a constant state of wonder and excitement to experiencing the reality of a massive life change is a step in the right direction even if it feels like a step backwards.
- Actual Adjustment
While the honeymoon stage was pleasant and exciting, it was not an adjustment. Once you move through culture shock, you begin to adjust to the new culture and your new place in your new life. In this stage, you begin connecting with local people in meaningful ways. You have officially landed in your new life and are ready to tap in to your place in it. This stage comes along more quickly if you are in school or in a workplace. As you make meaningful professional and social connections, you gain a sense of belonging and being needed in your new life. Rather than being new, or a spectator, you take on an active role in the world around you. By now, you will be able to communicate better with those around you and engage in a deeper way.
This is just your first stage of adjustment, and things are about to get hard one more time. Remember, even if the next step feels like a step backwards, you are actually moving towards acceptance and integration, which is the end goal in your transition into your new life.
- Isolation Period
As you make your adjustment into your new life in a new place, bewilderment and isolation will set in. This is the period when you start comparing your new life to your life back home. You compare the new culture of your host country to the culture back in your country of origin. You may begin to resent your host culture and feel trapped by it. You may fear that friends and family back in your home country are starting to forget about you as they adjust to your absence. Feeling stuck and out of place are natural aspects of this period of isolation.
This is a stage where it is easy to feel that you’ve made the wrong choice in moving, or that your unhappiness is a personal failing on your part. This is not the case. You are a human being going through a natural progression of adjustment. Depression and isolation are possible aspects of the isolation period.
Reaching out to friends and family is a helpful step in dealing with this stage of adjustment. Sending emails or talking on Skype with old friends and family deeply know you is a great way to stay grounded. Reaching out to friends and coworkers in your new home is also a great way keep things in perspective. It’s always a good idea to seek the advice of people who were where you are now and have progressed to where you want to be. Maybe a friend from your apartment building, or a coworker immigrated to this new country a year before you did. Talk to him or her about it if you can. They will assure you that what you are feeling is normal and you are almost through the woods. Don’t give up on your new life because it is different from your old one. Keep trying.
- Stage of Acceptance and Integration
Yes, this stage does exist. This is when you accept your new home for what it is – the good and the bad. You recognize that you have stopped comparing your new country and culture to your country and culture of origin and accept it for what it is. You have built meaningful relationships with friends and coworkers, and you have integrated into your new life. Yes, you will still have bad days and get homesick every once in a while, but for the most part, you will feel content.
The interesting thing about the fifth stage is that many of the most meaningful connections your will have built by this point were the direct result of the harder times. When you reach out for support in times of isolation, you make authentic connections in your time of vulnerability. You and the people who took the time to understand you when you were having trouble communicating earlier on will have deep and complex connections. Your notions of who you are and what concepts like home, culture, and belonging are will be forever changed. One of the most valuable lessons of moving to a new country and building yourself a new life there is humility. This change forces you to completely redefine your notions of who you are.
Of course, this progression is not a precise roadmap or structure for anyone’s personal adjustment. Depending on your motivations and goals in your move, you may experience some but not all of these stages. They may cycle through several times before settling into acceptance. Sometimes, you honestly did make the wrong choice and you honestly are doing something that is blocking you from adjusting. But don’t just jump to these conclusions. These stages are natural, and it’s important to remember to not make a value judgment of your life, your decision, and yourself as you go through this adaptation.
If you are planning to move to a different country for the long-term or indefinitely, here are some things you can do to ease your transition:
- Go to school. Whether it’s a language school, university, a graduate program, or a school to learn a skill like weaving, being in school provides you with purpose and with peers.
- Get a job. Oftentimes, travelers can get jobs working in hostels, bars, and restaurants. Be sure to learn about work visa requirements as they vary from country to country, and also vary depending on the skills and knowledge required for your job. You may need to have your educational credentials evaluated to determine the value of your education in terms of your host country’s educational standards. In getting an evaluation, you may be able to avoid having to repeat years of school in your new country to make up the difference between the academic structures of your new country and your country of origin.
- Learn the language. If you know you will be moving to a country with a different language than you know, take classes before you get there. Once you arrive, you will have to adjust to a new language and to a new way of hearing it spoken. Take language classes when you get there. This will help you communicate and develop friendships that will help you when you hit periods of isolation. One of the biggest aspects of integration into your new life is the relationships you forge with the people around you. Learn the language and you will be able to express yourself and make connections.
About the Author
Sheila Danzig
Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency.
For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/?CodeLWA/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.]]>
Make the Most of Your RFE Response
cciFree.com or call anytime at 1.800.771.4723 for a free consultation.]]>
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