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Immigration

I-140 Prevention and Solutions

Credential Evaluation, Immigration, Visa Approvals

Form I-140 is a frustrating place to run into trouble for education-based visa beneficiaries and their sponsors. With the rising prevalence of RFEs for visas of all types, it is far from rare for applicants to get through the PERM phase only to receive an RFE for Form I-140.

If you, or your employee or receives an RFE on Form I-140, don’t panic. While this is a bump in the road, it is also an opportunity to strengthen the case so long as you understand what CIS is looking for. In these three common Form I-140 RFEs, the key to success is understanding where evidence and consistency was lacking, and how to fix it to get that visa approved.

Position indicated on Form I-140 fit the category indicated in Part 2.

Part 2 is where you must indicate the visa classification. This is based on what credentials are required as minimum requirements for entry into the position. You must choose a classification, and you must ONLY choose one. Applicants selecting the EB2 category tend to run into the most trouble here. The EB2 category requires the position and the beneficiary to hold a minimum of a US Master’s degree in the field, or a Bachelor’s degree in the field FOLLOWED BY five years of progressive work experience, or its equivalent. Since EB2 processing time is much faster than the EB3 classification, beneficiaries and their sponsors have incentive to try to make the position – and the candidate – fit into the wrong category. Oftentimes, the positiondoes fit into the EB2 classification, but sufficient evidence and expert analysis is lacking, and this is what you need to provide in your RFE response.

Answers between the PERM and Form I-140 are inconsistent.

Inconsistent answers between forms are a surefire way to trigger an RFE. Make sure answers are consistent in their content and in their spelling between forms. If there are amendments, make sure to check yes for Part 4, Item 7 accompanied by an attached explanation of any changes made on a bright colored sheet placed directly beneath Form I-140. Write that the PERM has already been submitted and that this is an amended petition. Include the receipt number for the PERM. This way, inconsistencies between the PERM and I-140 will be clearly explained to CIS and they will not have to ask inquire about it. Sometimes they will anyway, but you will have already strengthened your case with the amendment and this will help you greatly in an RFE arrives.

The petition did not include a credential evaluation or included the WRONG credential evaluation.

If the beneficiary’s degree or degrees were earned outside of the United States, a credential evaluation will be needed to clearly show the educational value of the degree in question by US educational standards. If the degree does not match the field of employ, or if there is incomplete college – or no college, but a lot of work experience in the field – a credential evaluation will be needed to close any gaps between the education the beneficiary has, and the education the beneficiary needs to meet the educational requirements of the category indicated in Part 2 of Form I-140. If a credential evaluation is not included and the beneficiary has anything but a straightforward degree earned in the US in the exact field of the job in question, it will likely trigger an RFE. Choosing the right credential evaluator is essential because educational requirements when it comes to equivalencies differ between visas. If the evaluator doesn’t ask about your, or your employee or client’s job or visa, look elsewhere. The agency should not rely solely on online equivalency databases, but rather have their own updated reference library that includes CIS approval precedents, federal caselaw, and international trade agreements regarding employment and education portability.

At TheDegreePeople, we have experts in every field on hand to write expert opinion letters to strengthen your case, or your employee or client’s case, and evaluators with extensive experience in international education, college and graduate program admissions, and working with Form I-140 cases and their RFEs.

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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6 Tips to Choose an Evaluator or Expert

Credential Evaluation, Immigration, Visa Approvals

Choosing what evaluator or expert to work with can be daunting because writing evaluations for specific visa issues is a very specialized and detailed undertaking, and finding a credible expert is essential to the opinion letter carrying legitimacy in the eyes of CIS. When deciding on who to work with, here are 5 essential things to keep in mind:

1. Talk to the head of the agency.

Before you work with an evaluator or expert, make sure to talk directly with the head of the agency. This way, you can have your questions answered directly by the highest authority and any agreements you come to or expectations provided will be final. The second reason is that the head of the agency you want to work with should be available and willing to speak directly with customers. If this is not the case, you don’t want to work with them.

2. Ask the right questions and listen carefully to how they answer your questions.

Whether you’re talking to the director or to the expert or evaluator you will be working with, listen to their answers and notice how you feel when you talk to them. If you feel uncomfortable, there is probably a reason. Are they actually answering your questions to your satisfaction or are they talking AROUND answers. When you listen closely, you can easily make out who has depth of knowledge, both about their field of expertise and about working with visa and RFE cases. Do they ask about the job? Do they ask about the visa? If the answer to either of those questions is anything but yes, look elsewhere.

3. How long have they been in business?

The agency you want to work with has in depth experience working with visa cases and their RFEs. If they’ve been in business for less than ten years, you need to find out who the evaluator or expert was work for before to get a sense of their depth of knowledge.

4. Are their prices reasonable?

If they are charging too much, then look elsewhere. In this field, you don’t “get what you pay for.” The agency you want to work with makes it easy for you to work with them, and part of that is offering reasonable prices for quality service. On the other hand, if an agency is undercutting reasonably priced agencies, that’s also a red flag. It means they are likely cutting the corners you need to for H1B visa approval.

5. Is the agency a member of an organization with standards of excellence?

In the United States, there is no governmental oversight or set standards of excellence for credential evaluation. That means it’s up to the agencies themselves to hold themselves accountable to quality service. However, if an agency is a member of a professional organization that holds its members accountable like the International Center for Academic Excellence, you can be sure that the agency you’re working with does not oversight. Find out what professional organizations the agency belongs to and take a look at the organization’s requirements for membership and how the organization itself ensures its own accountability through the US Department of Education, the Better Business Bureau, or UNESCO. This sounds like a lot of work, but it’s only connecting just a few dots, and a little bit of research goes a long way and saves you from another RFE inquiring about the legitimacy of your evaluator or expert.

6. Ask questions specific to your case.

If your case is regarding an education situation, ask about their past experience working with the particular situation. If your case is regarding specialty occupation or wage level issues, ask specifically about how they have been able to handle those situations in the past. If you are facing issues regarding site visits, for example, ask, “Have you been able to handle site visits?” Again, listen carefully to their answer. If they throw out a generic answer, or an answer that doesn’t relate to the issue you asked about, look elsewhere.

At TheDegreePeople we have experts in all fields and credential evaluators on staff with an in-depth understanding of H1B visa requirements, international education, and undergraduate and graduate admissions in the United States. To work with our experts and expert evaluators visit ccifree.com/ for a free consultation to get started.

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Wage Level and Specialty Occupation RFEs: Who Dropped the Ball?

Credential Evaluation, Immigration, Visa Approvals

Sometimes it’s the employer’s fault.If the job indicated by the employer on the LCA does not match the position on the H1B petition, or if the job indicated on the LCA is in the “other” category, or doesn’t match the duties of the actual position, or if the wage level set does not clearly meet the prevailing wage for the job, that means the employer is at fault. Consistent answers across forms is essential. If the job in question differs from the duties and responsibilities, or differs from the wage level indicated in the entry for the position in the Occupational Outlook Handbook, the petition needs to clearly explain how these differences fit within the requirements of H1B visa status.

Sometimes it’s the beneficiary’s fault.Sometimes beneficiaries don’t actually have the correct degree for the H1B job. Sometimes mistranslated educational documents, diplomas that are mistaken for degrees, and other issues that arise my virtue of hiring across cultures and educational structures hinder the approval process.

Sometimes it’s the evaluator’s fault.If you or your employee or client has education from outside of the United States or a degree that is not an exact match for the H1B job, a credential evaluation is needed to fill in the gaps with a close evaluation of the course content and work experience with regards to the job in question, and specific H1B eligibility requirements. If the credential evaluator relied on online databases like EDGE to write the evaluation, or if the credential evaluator did not ask about the job or the visa, chances are the evaluation did not address all of the questions CIS must answer to approve the visa.

Sometimes it’s no one’s fault. CIS approval trends change every year, which makes it difficult to predict what they will hone in on next. Sometimes mistakes are made on the bureaucratic end and you receive an RFE for evidence clearly provided in the initial H1B petition. If this is the case, you still have to answer it.

It’s important to note that finding out who dropped the ball doesn’t have to be about pointing fingers or condemning a member of the H1B team. The key here is to find out how to solve the problem of the RFE and get it overturned.

At TheDegreePeople we work with difficult RFEs every year, and we always find creative solutions to even the most complex and convoluted RFEs. Let us help you. For a free review of your case, or your employee or client’s case, visit ccifree.com.. We will get back to you in 48 hours or less.]]>

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Preventing More RFEs: Two H1B RFEs to Always Answer Together

Credential Evaluation, Immigration, Visa Approvals

Two RFEs that are closely connected are specialty occupation and wage level RFEs. Even if both of these issues are not brought up verbatim in the same RFE, it is likely that one issue implies the other. That means if you, or your employee or client receives a wage level RFE, you must answer both that issue and the issue of specialty occupation. If you, or your employee or client receives a specialty occupation RFE, you must also answer the issue of the wage level in your response. If you don’t, you will likely be getting another RFE soon.

Here’s how you do it:

To prove specialization, you must show that the H1B job requires a minimum of a US bachelor’s degree or higher to perform. To show that this is an industry standard, supply the ad for the job, as well as other ads for the same position in parallel companies within the industry to demonstrate the minimum requirement. Include a detailed breakdown of the job’s duties, tasks, and responsibilities to show that the work required is specialized and needs training to perform. If this particular position is uniquely specialized to require an advanced degree beyond what is the industry standard for this position, besides providing the detailed work breakdown, you will need to provide record of past hiring practices to show that the employer typically hires workers with advanced degrees for this position, and further evidence to explain why this job is uniquely specialized.

Then, address the wage level, as paying the H1B employee the prevailing wage for the position in the industry in that geographical location for companies of that size is also an H1B requirement. If the wage level doesn’t match the job entry indicated in the US Department of Labor’s Occupational Outlook Handbook, you need to go a step further and explain all of the factors that went into deciding the wage level for the position. This includes the amount of direct work experience the H1B worker has in the field, the level of supervision required, and any further training necessary.

To tie all of this together, you will need an expert opinion letter that validates the job’s specialization and wage level. One letter can address both issues as they are closely linked and much of the same evidence and analysis go into supporting both aspects of the RFE.

At TheDegreePeople, we have experts from all fields on hand 24/7 – as well as highly trained credential evaluators with expert knowledge of working with H1B visas and difficult RFEs – to analyze your case and get you the expert opinion letter you need to overturn this RFE, and prevent the second round. We even provide affordable rush delivery options for the last minute.

For a free review of your case visit ccifree.com.. We will get back to you in 48 hours or less with our full analysis, pre-evaluation, and recommendations moving forward.

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How to Prevent a 2nd Round of H1B RFEs with Your First Answer

Credential Evaluation, Immigration, Visa Approvals

The trick is to provide evidence to support all aspects of H1B requirements in the first answer, even if the RFE didn’t specifically ask for it. Just meeting the evidence requests in the first RFE may seem daunting enough without the addition of having to preempt a second round, but trust me, it’s worth it. It will save you a lot of time, money, and headache later on.

At TheDegreePeople, we review each client’s entire case and make sure all of the bases are covered. H1B elligibility means the beneficiary is working a specialty occupation that requires a minimum of a US bachelor’s degree or its equivalent as a minimum qualification to be hired. The beneficiary must hold the required degree in the exact field of the specialty occupation. The employer must pay the employee the prevailing wage for that job in that field for companies of that size in that geographic location, and the employer must be able to hire, fire, promote, supervise, and otherwise control the work the employee does.

For H1B employees working at third-party consulting firms, you must show that there are projects lined up for the employee to perform over the course of their H1B status.

We review each case and the associated RFE and make sure to address any discrepancies between the requirements and the petition. That means addressing why the wage level is set as it is, why the job requires an advanced degree, and addressing the education situation. If you or your employee or client has a degree in a different field – even if it’s related – or a degree from outside of the US or never completed a bachelor’s degree, you will need to include a credential evaluation that closes the gaps between your education, or your employee or client’s education and H1B educational requirements.

For a free review of your case, visit ccifree.com.  We will get back to you in 48 hours or less with our analysis of your case and our recommendations.

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H1B Support: How to Answer a Wage Level RFE Plus Specialty Occupation

Credential Evaluation, Immigration, Visa Approvals

When CIS finds one problem with an H1B petition, they tend to find more. This year’s RFE trend we are seeing is wage level issues and specialty occupation issues going hand in hand to form a very difficult RFE to answer.

Here’s how it works:

CIS uses the US Department of Labor’s Occupational Outlook Handbook to reference each job in question. First, the actual job description is rarely an exact match for the entry, which CIS can use to justify the RFE. Second, often wage levels differ from the degree and experience level indicated in the entry because of the particular circumstances of the job. Third, sometimes the entry will include that not all employers require an advanced degree to perform the job.

These are three major triggers of this double RFE. To answer it, you need to be able to provide detailed evidence that the job in question requires an advanced degree as a minimum requirement to perform. This must include a detailed breakdown of the duties, tasks, and responsibilities of the job. You will also need to provide evidence that past hiring practices show that the employer typically requires an advanced degree when hiring or this position. Include the ad for the job and ads for the same job in the industry in similar companies to show that an advanced degree is an industry standard minimum requirement.

You will also need to thoroughly explain all of the factors that went into setting the wage level. To tie it all together, you will need an expert opinion letter that covers both wage level and specialty occupation issues.

At TheDegreePeople we work with difficult RFEs every year. Last year, our experts had the highest rate of success in writing the opinion letters that get these RFEs overturned. We also take steps to prevent a second round of RFEs when answering the first. 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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What to do When You Get an H1B RFE About Everything

Credential Evaluation, Immigration, Visa Approvals

This year, we’re seeing the Nightmare RFE with specialty occupation, wage level, and education issues included. When CIS finds one problem with a petition, they usually find more, which can cause a cascading effect that leads to a virtually unanswerable RFE like the ones we’re seeing this year.

If you, or your employee or client receives this kind of RFE, the first step is to go back to the basics. Since every H1B requirement is in question, all you have to do is go back to the fundamental guidelines of this visa. First, the H1B job must be a specialty occupation, meaning it requires a minimum of a US bachelor’s degree or higher for entrance into the position. Second, the H1B beneficiary must hold that degree in the field of the H1B job, or have the equivalent of the necessary degree. Third, the employee must be paid the prevailing wages and benefits for that position, in the industry for companies of that size in that geographic location. The employer must be economically viable, and there must be an employer-employee relationship in which the employer controls the work the employee does.

To prove the job meets H1B standards, you will need to show that it meets H1B educational requirements for specialty occupations. Provide the ad for the job and ads for the same position in similar companies in the industry. Provide documentation of past hiring practices that shows employees holding this position historically require this minimum advanced degree requirement. Detail the duties and responsibilities of the job and highlight how they necessitate the employee having earned the advanced degree to learn the specialized skills and knowledge the job requires.

When it comes to education issues, you or your client or employee must have a US bachelor’s degree in the exact field of the H1B job, or its equivalent. That’s where things can get tricky. If the beneficiary has ANYTHING BESIDES a US bachelor’s degree in the exact field of the H1B job you will need to include a credential evaluation that takes both the job and the visa into consideration that fills in the gaps between the credentials the beneficiary has, and the credentials the beneficiary needs to get the RFE overturned.

For proving that working conditions and compensation meet H1B requirements, include a copy of the employee contract, including salary or wage documentation. You will need to explain the factors that went into deciding the wage level for the job, and evidence that shows this wage level is an industry standard for that position in that geographic location for companies of that size. If the wage level varies, you need to explain exactly why.

These complex RFEs also require an expert opinion letter that can cover occupational issues – both regarding specialization and working conditions. Both issues can be covered in the same letter to explain and verify the evidence you provide in your RFE response.

At TheDegreePeople.com we understand that when CIS finds one problem with a case, that’s rarely the end of it. We work with difficult cases every year regarding education and occupation. For a free consultation visit ccifree.com. We will get back to you in 48 hours or less.

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Specialty Occupation and Wage Level H1B RFE Assistance

Credential Evaluation, Immigration, Visa Approvals

Here’s how it works: if the wage is set at a level CIS feels does not meet the H1B job, they will request more information regarding meet the prevailing wage requirement, and in many cases, regarding job specialization. That’s because CIS assumes that jobs set at level 1 wages it is an entry level position. If the job at the assumed skill level does not always require a minimum of a US bachelor’s degree or higher, CIS will question whether the job meet H1B specialization requirements.

Determining the wage level of a job takes a multitude of factors into consideration, including industry standard, company size, geographic wage levels, the level of training and supervision the beneficiary will require, and beneficiary qualifications. When addressing specialization, you will need to break down the responsibilities of the job and the skills and knowledge required to carry them out to show that the job meets specialization requirements. If this job in similar companies in the industry does not normally require an advanced degree, you will have to clearly show why this job is uniquely specialized and that an advanced degree requirement is consistent with past employment practices.

In your RFE response, all of these factors will need to be listed, explained, and analyzed in an expert opinion letter. At TheDegreePeople we have experts on hand 24/7 that can address both wage level and specialization in one letter, saving you time and money. Every year, we answer difficult RFEs and we get them overturned. 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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Three H1B RFEs to Be Aware of This Summer

Credential Evaluation, Immigration, Visa Approvals

To qualify for H1B status, a job must require a minimum of a US bachelor’s degree or higher or its equivalent, and the employer must pay the employee the prevailing wages for the job. The beneficiary must hold the required degree or its equivalent. Three issues arise that result in RFEs when the evidentiary requirements to meet these three standards are not met:

1. Wage Level RFE

If CIS feels that the wage level is set too low or two high for the position based on the wage level and the duties and qualifications set forth by the job, they will issue an RFE. This became a widespread issue in 2017 for computer programmers making level 1 wages, but it effects jobs of all levels in all industries.

If you, or your employee or client must address wage level issues in the RFE, make sure to include a detailed description of the job duties as well as a close analysis of the factors taken into consideration when determining the wage level of the job, including company size, geographic location, industry standard, and the level of supervision and training needed for this particular position. Look up the entry for the position in the US Department of Labor’s Occupational Outlook Handbook and be sure to identify any discrepancies between the entry and the H1B job and wage level and provide evidence to fill in the gaps.

2. Specialty Occupation RFE

This RFE and the wage level RFE are often interlinked. The job in question must clearly meet CIS specialization requirements, meaning a US bachelor’s degree or higher or its equivalent must be a MINIMUM qualification for entry into this position. Include the ad for the job and ads for the same job for similar companies in the same industry. Include a detailed job description and documentation of past hiring practices that require a minimum of the necessary advanced degree.

If the entry for the job in the Occupational Outlook Handbook indicates an employee could be hired with a minimum educational qualification less advanced than a US bachelor’s degree, you will need to go an extra step to justify why this position is uniquely complex.

For both the Wage Level RFE and the Specialty Occupation RFE, ALWAYS include an expert opinion letter in your response to tie the evidence and analysis all together and lend validation and strength to the case. CIS won’t just take your word for it, even if you’re right.

3. Education RFE

If the H1B beneficiary has a US bachelor’s degree or higher in the exact field of the H1B job, you shouldn’t have any education problems arise. This is never a guarantee, but it is generally true. However, if your client has incomplete college, a degree in a different field, or a degree from a different country, you may run into trouble if you did not take extra steps to avoid an education RFE when you organized the petition.

If your client received an education RFE, you will need to talk with a credential evaluation agency with experience working with H1B cases. Not all credential evaluators understand CIS approval trends, international education, and the specifics of what works for each unique visa. If your evaluator doesn’t ask about the visa or the job, all they can write is a cookie cutter evaluation that won’t get the RFE overturned.

At TheDegreePeople, we work with difficult RFEs every year, and we get them overturned. We have experts on hand to address wage level and specialty occupation issues in just one letter that can encompass one or both issues. Our evaluators are international education experts with extensive experience working with CIS, college and graduate programs admissions, and a variety of education and work-related visas. When we look at a case, we anticipate all of the possible snags and address them all in one RFE response so you can prevent having to go through the entire process again.

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

Three H1B RFEs to Be Aware of This Summer Read More »

How to Preempt a Second H1B RFE by Answering the First One

Credential Evaluation, Immigration, Visa Approvals

Getting an RFE is rarely, if ever, the end of the road. It is a request for evidence, meaning CIS is open to reversing if you can provide what they need. The solution is to preempt the second round of RFEs in your response to the first.

That means if you, or your employee or client received a notorious Double Specialty Occupation/Wage Level RFE, you should also be thinking about bolstering your evidence to support the educational requirements. If you, or your employee or client’s RFE was about their education, include supporting evidence to verify the job also meets H1B requirements.

If this sounds like a lot of work to you, that’s because it is. BUT it’s a lot more work if you have to answer two RFEs this H1B season. Every year CIS approval trends change, and that means we’ve got to stay alert and innovative in our RFE answers.

At TheDegreePeople, when we review a client’s RFE we review the entire case to see where evidence might be lacking and advise accordingly. We have experts on call 24/7 to address wage level and specialty occupation issues, as well as expert credential evaluators to address educational issues. Our evaluators don’t rely on online databases, but rather evaluate each credential individually with regard for the job, the specific visa requirements, international education and commerce agreements, and CIS approval trends.

Make the most of your RFE response this H1B season so you only have to do it once. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less with a full pre-evaluation and analysis, and our expert recommendations for how to best proceed.

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