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Case Study: EB-2 Education RFE – Overturned!

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

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

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

Case Study: Software Developer H1B RFE Overturned

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

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

Case Study: Software Developer H1B RFE Overturned Read More »

What You Need to Know About Changes to H1B Visa Adjudication

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

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

H1B Changes in Adjudication Means Getting the Initial Filing Correct

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

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

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

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

I-140 Problems: Common RFE Triggers and their Solutions

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE

Credential Evaluation, Immigration, Visa Approvals

This past July, USCIS announced a policy memorandum that took effect September 11th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE.

Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that the case would be approved.  Now, adjudicators have broader discretion to flat out deny petitions.

CIS says that the purpose of this memorandum is to deter “placeholder” petitions, which are incomplete petitions with vague answers that are later clarified in RFE responses.  Adjudicators can now deny these cases flat out.  Some examples include petitions submitted without supporting evidence or severely lacking in supporting evidence, petitions submitted with questions left unanswered, and petitions that require additional official documents or evidence but are submitted without them.

While this amendment sounds alarming, in theory it really doesn’t change much for petitioners.  From what we can tell at TheDegreePeople, reports of issue have been exaggerated.  It has always been generally advised for petitioners of all visas to submit complete petitions, on time, with all supporting evidence and documentation included.  In this sense, nothing has actually changed when it comes to optimizing your chances of visa approval.

However, laws on the books are different from laws in action.  To see the full scope of how this new memorandum will change visa approval, we will have to wait and see how it all plays out with USCIS.  In the meantime, it’s now more important than ever that you get the petition right the first time.  That means identifying where CIS is likely to have questions about your case and providing any additional evidence they will need before they have to ask for it.

At TheDegreePeople, we have been working with RFEs for years and follow CIS approval trends.  The best way to answer an RFE now, as it has always been, is to prevent it in the first place.  Visit TheDegreePeople.com to chat with us about your case.

Have you encountered issues with this new memorandum?  We want to hear about it!  Comment here to post your opinions and experiences regarding this matter.

Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE Read More »

Prevailing Wage: How to Address the H1B Wage Level Issue RFE

Credential Evaluation, Immigration, Visa Approvals

To meet H1B requirements, the employer must pay the H1B employee the prevailing wage for the position in that industry for companies of that size in that geographical location. Last year, we saw jobs with Level 1 Wages targeted both questioning the wage level and whether the job meets H1B specialization requirements.

But what if the prevailing wage level for the specialty occupation in question is level one?

First, regardless of the job in question, you have to be very familiar with the position’s entry in the US Department of Labor’s Occupational Outlook Handbook. If the job is set at wage level one, it is likely CIS will assume it’s an entry level position. Some entry level positions do not require the advanced degree that H1B status demands – a US bachelors degree or higher or its equivalent.

If the entry level position requires anything lower than a US bachelor’s degree as a minimum qualification – even if the job itself isn’t entry-level – you will run into trouble.

To address this wage level issue, you will need to include a detailed breakdown of the position’s duties and responsibilities. Include the ad for the job and past hiring practices that clearly show the minimum requirement of a US bachelors degree for entry into the position. You should also include a detailed analysis of all of the factors that went into determining the wage level for the job and tie it all together with an expert opinion letter to fortify your case.

This is just one of many wage level issue RFEs coming in this year. CIS may take issue with the job at any wage level. The important thing to remember about wage level RFEs is that they are inextricably linked with specialty occupation issues, so it’s best to address both issues with the same response. In your expert opinion letter, both topics should be covered.

To meet H1B requirements for specialty occupation, the job must require a minimum of a US bachelor’s degree or higher or its equivalent for entry into the position. If this is a requirement for the specific job in question but not as an industry standard as indicated in the Occupational Outlook Handbook, you will need to provide a detailed job description that clearly shows the duties and responsibilities of the job require a specialized knowledge base and skill set. You will also need to document past hiring practices to show this position always requires an advanced degree for this particular business. If the Occupational Outlook Handbook states that sometimes employers will hire for this position with lower minimum educational requirements, provide ads for the same position in similar companies in the industry to show that the lower minimum educational requirement is the exception, not the rule. Regardless of your situation, the expert opinion letter must be included for analysis and fortification of your case.

At TheDegreePeople.com we have experts on hand 24/7 in all industries and areas of expertise to write the opinion letter you need, or your employee or client needs to get that H1B visa approved. For a free consultation visit ccifree.com/?CodeLWA/. We will get back to you in 48 hours or less.

Prevailing Wage: How to Address the H1B Wage Level Issue RFE Read More »

Fraudulent Degrees from Fake Schools on the Rise in the US Workforce

Credential Evaluation, Immigration, Visa Approvals

College tuition is on the rise. Transfer students loose 40% of their credits earned at the first institution on average when they change schools. At the same time, an Associate’s degree bump’s the American worker’s annual salary up $3,100 on average.

As of 2017, about 98 million US workers are of working age without a complete degree, according to the American Council on Education. Of these workers, about 31 million of them actually have completed at least one year of college, but just never finished the degree. That means about 98 million American workers could have higher salaries and career upgrades, if only they had that piece of paper that said they earned an Associate’s degree or a Bachelor’s degree. Wouldn’t it be nice if those were just…on sale?

They are, and it’s a huge problem.

Degree mills sell credentials. These are companies that pose as legitimate academic institutions and commonly have names almost – but not entirely – identical to legitimate schools. These fake credentials are difficult to spot because they are specifically designed to fool employers, and also their own customers. Ever seen an advertisement to earn your Bachelor’s degree cheap and quick? It sounds too good to be true, and it is.

Degree mills are hard to track is because they exist largely online. They can claim to be anywhere. One big red flag is that the institution claims to be in one location, but the IP address is somewhere completely different. Of course, they can also claim to have another campus at that location. The rise of legitimate virtual colleges and universities, and virtual degree tracks provides the perfect camouflage for degree mills to proliferate. In fact, there exist an estimated 2,615 degree mills around the world. 1,008 of them are in the United States. These mills award fraudulent Associate’s, Bachelor’s and even Master’s degrees and PhD’s for a one-time fee that is a fraction of the cost of actually having earned that degree and investing no time and effort whatsoever into actually learning the academic content employers are led to believe they have.

An additional reason that degree mills are hard to track down is because there are also accreditation mills that accredit these fraudulent institutions. They function like degree mills in that they profit off of accrediting curriculum that doesn’t actually meet regional or federal standards, sometimes by a long shot. This adds another layer of perceived legitimacy to the illusion of the credential in question.

At ICAE, we and our members see the solution to the degree mill problem in two levels:

First, the problem must be addressed on the institutional level. Degree mills can proliferate because they fill a very real need of 98 million people in the United States alone who need a degree that they can’t afford – financially and in terms of time. ICAE members work with schools to develop curriculum that meets US Department of Labor accreditation requirements that also accommodates non-traditional students who have to balance work and education, and transfer students so that they don’t loose credits when they change schools. The goal is to design programs that make education accessible the population that would otherwise fall prey to degree mills, forcing degree mills out of relevance.

The second level is spotting fake credentials when we see them. Degree mills are so successful because their fraudulent credentials pass as legitimate in many situations. All ICAE members the conduct credential evaluations for college and graduate program admission and visa approval know how to spot a fake school, a fake credential, and a fake accrediting body.

Academic institutions need to address the degree mill problem on these two levels. First, make the effort to develop programs that are accessible to this large, vulnerable population that includes non-traditional and transfer students. Second, train college admissions staff to spot fraudulent credentials. Employers also need to understand how to spot fraudulent credentials, both to deter workers from obtaining them to get ahead, and to ensure that employees actually have the skills and expertise they claim to have.

To work with ICAE to develop curriculum accessible to the 98 million American workers with incomplete education, and to learn how to properly identify fraudulent credentials, visit AcademicEvaluation.org.

Fraudulent Degrees from Fake Schools on the Rise in the US Workforce Read More »

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