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answering an h1b rfe

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.

Preventing More RFEs: Two H1B RFEs to Always Answer Together Read More »

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.

What to do When You Get an H1B RFE About Everything 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.

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

2018 RFE Trends – BEFORE you file that LCA

Credential Evaluation, Immigration, Visa Approvals

Here’s the problem: when a job doesn’t exactly meet any of the titles offered on the LCA and ALL OTHERS is checked, CIS cannot reference the US Department of Labor’s Occupational Outlook Handbook (OOH) to see if the job in question meets H1B specialization requirements.

We have seen ALL OTHERS checked even when there is a SOC code for the exact position in question. Since ALL OTHERS is checked rather than the position with a SOC code that corresponds to an OOH entry, this takes a case that would have been relatively straightforward and turns it into a problem.

The best solution is prevention. It is always better to select an occupation with a SOC code for a position listed in the OOH on the LCA and in the petition. No material changes are allowed once you file. If you filed a certified LCA for the correct SOC before the filing date of the petition, the attorney may make corrections and explain, but CIS will not always accept this.

It is possible to get these RFEs overturned if you can show past employment practices and industry standard for the position in question meet H1B specialization requirements. CIS, however, has shown a tendency to find issue with these explanations making it hard for employers to prove past employment practices, especially if there were mistakes made in minimum educational requirements for the position in the petition letters and the job posting.

We have been told that employers will indicate the position ALL OTHERS instead of a position with a SOC code that corresponds with an entry in the OOH to effect the wage level assigned to the position, but in practice it just doesn’t do that.

The best course of action is to try to establish industry standard for the position and to document the details of the daily duties of the position to prove the level of complexity meets the H1B specialization requirement of requiring a US bachelor’s degree or higher or its equivalent to perform.

Let us review your case and work with you to determine the best course of action to get that RFE turned into an approved H1B visa. Simply visit ccifree.com/ and we will get back to you in 48 hours or less. Every year, there is a new difficult RFE that blindsides H1B petitioners, and every year, we find a way to get them overturned.

2018 RFE Trends – BEFORE you file that LCA Read More »

Case Study: The Triple H1B RFE – OVERTURNED!

Credential Evaluation, Immigration, Visa Approvals

We saw them last year, and we have the experts with the highest rate of success to help overturn them. Coming up on RFE season, it’s important to keep in mind that many RFEs cannot be answered by their own instructions. The solution is to go back to the original H1B requirements and make sure they are clearly met, documented, explained, and backed up by expert opinion.

To be eligible for an H1B visa, the job must be a specialty occupation, which means as a minimum requirement the employee must hold a US bachelors degree or higher or its equivalent in the field of the job. The beneficiary must have this degree or equivalency to meet H1B requirements, and the employer must pay the beneficiary prevailing wages and benefits for this position for companies of that size in that geographical location.

In answering the Triple RFE, you need to do three things:

First, the job in question must meet the criteria of a specialty occupation. This can be done in one of three ways:

  1. The job requires a US bachelors degree or higher.
  2. A US bachelors degree or higher is a normal minimum requirement for this position for the industry in similar companies.
  3. This particular job is uniquely complex so as to require a US bachelors degree or higher to perform its duties.

Second, it must be proven that Level 1 Wages are the prevailing wage for this specialty occupation. For jobs set at Level 1 Wages, CIS is operating from the misconception that Level 1 Wages implies that the job is entry level. They’re wrong. That’s not how wage levels work. There are many factors that are taken into consideration when determining wage levels. You need to show that this is the prevailing wage for this position to meet H1B requirements. These first two issues can be addressed in one expert opinion letter.

Third, the beneficiary must clearly meet H1B educational requirements. This means the beneficiary holds the advanced degree or its equivalent in the field of the H1B job. That means if the degree is from outside of the United States, in a different field than the H1B job, or incomplete, you will need to include a credential evaluation that fills in any gaps between the beneficiary’s education and H1B education requirements. This must take into account education that took place through work experience and a close evaluation of course content and classroom contact hours involved in the degree.

At TheDegreePeople, we work with difficult RFEs every year, and we have the experts with the highest rates of success to help overturn them.

For a no-charge and no-obligation review of your case, or your employee or client’s case, simply visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and pre-evaluation.

Case Study: The Triple H1B RFE – OVERTURNED! Read More »

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart

Credential Evaluation, Immigration, Visa Approvals

That means, if you, or your employee or client filed on time and made the H-1B lottery, there’s a high chance your work is far from over.

Two jobs in particular attract a disproportionate amount of RFEs: Computer Systems Analysis, and Computer Programmers at Level 1 Wages. If you hold, or if your employee or client holds one of these jobs, it’s important to know what you’re up against. If you didn’t take steps to preempt RFEs that are commonly linked with these jobs, don’t panic. An RFE is not the end of the world, and there are steps you can take to rectify the situation.

First, let’s take a look at Computer Systems Analysis. The reason this job is so problematic is because CIS requires H-1B beneficiaries to hold a degree specialization that matches the job title. Computer Systems Analysis is a VERY rare degree. In fact, this degree is only available at US colleges that offer self-designed majors. India has a Computer Systems Analysis bachelors degree. However, since the Indian BCA is a three-year program this degree too will trigger an RFE if the petition doesn’t include a credential evaluation that converts three years of progressive work experience into that missing fourth year of college credit. A US masters of Computer Systems Analysis is the only degree we have not seen trigger an RFE for this job.

If your job, or your employee or client’s H-1B job is Computer Systems Analysis and they don’t hold a US masters of Computer Systems Analysis, there is a high RFE risk. Beneficiaries with an Indian BCA in Computer Systems Analysis need to include a credential evaluation with their petition as discussed above. Beneficiaries with education in a related field need to submit a credential evaluation as well that emphasizes course credits in the field of Computer Systems Analysis and converts years of progressive work experience in that field into years of college credit towards earning that specialization equivalency. If you included the right credential evaluation with the petition last week, you took effective steps to prevent this RFE. If you did not, you can still submit this credential evaluation with the RFE response.

Next, let’s take a look at the Level 1 Wages RFE that disproportionately affected computer programmers making Level 1 Wages. H-1B status is for jobs that require a minimum of a US bachelors degree or its equivalent, and for candidates who meet this degree requirement. CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine whether or not a job meets H-1B eligibility requirements. Entry level computer programmer is a borderline occupation, meaning that according to the handbook, employers sometimes hire entry level programmers with only a US associates degree, making this job ineligible for H-1B consideration.

There were two main problems with this reasoning: The first is that just because a job is set at level 1 wages doesn’t mean it’s an entry level position. Determining wage levels is a complex process that takes many factors into consideration, including how much supervision, guidance, and training a worker will need. Since many H-1B beneficiaries are just coming out of college and into the workforce, even though they have the right education, they may not have the on-the-job experience necessary to work without a high level of supervision at first. This factors into the decision to set non-entry level jobs at level 1 wages.

The second problem with CIS’ reasoning for this RFE is that in the same passage of the Occupational Outlook Handbook, the US Department of Labor states that employers will usually require a minimum of a US bachelors degree for the position of entry level computer programmer, indicating that it does meet CIS requirements for specialization.

If you hold, or your employee or client holds this position at level 1 wages, they are at a high risk of RFE. In this situation, you need to include an expert opinion letter along with documentation that this job is specialized to meet CIS requirements for H-1B status.

At TheDegreePeople, we have experts and evaluators on hand to help you. We are RFE experts and work with difficult cases and RFEs every year, and we get them overturned. For a free consultation, visit ccifree.com.

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart Read More »

H1B RFE of the Year: Level 1 Wages

Credential Evaluation, Immigration

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

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

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

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

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

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

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

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

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

How to Successfully Address the Level 1 Wages RFE

Case Studies, Credential Evaluation, Immigration

The first step to getting the Level 1 Wage RFE overturned is to ask for help. This is a difficult RFE that caught us all offguard, but our experts at TheDegreePeople.com have been able to get them overturned with a 90% success rate.

CIS started coming down hard on computer programmers petitioning for H1B visa status at Level 1 Wages this year. The number of RFEs coming in is nothing short of insanity. The reasoning behind this is that CIS equates Level 1 Wages with the job being an entry level position. According to the Occupational Outlook Handbook, some employers will hire entry level programmers with an Associates degree. This does not meet H1B requirements for having earned a US Bachelors degree or higher, or its equivalent. For the first time, computer programmers are receiving RFEs for this situation that claim their job does not meet H1B requirements for specialization.

CIS makes a wrongful assumption with this RFE, and that is that Level 1 Wages means the job is an entry level position. Many college graduates come into the workforce with a Bachelors degree and little work experience, so even though they have the specialized skills and knowledge, they need guidance in applying what they’ve learned in school to the work environment. Since these highly skilled workers need more supervision and guidance, they are often paid Level 1 Wages.

A big reason the H1B program exists is to attract bright students to the United States for college with the incentive of being able to stay and work after graduation. The H1B program allows foreign graduates of US colleges and universities to do this, and this new RFE is a major hindrance to this incentive to fortify US industries. We need to stand up to CIS and overturn these RFEs.

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

• LCA

• The Beneficiary’s Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to you in 48 hours or less with a full analysis of the case case. If we can help you, we will also send information about how to order.

How to Successfully Address the Level 1 Wages RFE Read More »

Approved! The Feared Level 1 Wage RFE!

Credential Evaluation, Immigration

This year, CIS has come up with a creative new way to come down on computer programmers petitioning for H1B visa status: Level 1 Wages.

Here’s how they’re justifying this new RFE:

The US Department of Labor’s Occupational Outlook Handbook (OOH) is what CIS uses as a references to determine whether or not a job is specialized to meet H1B criteria.  For a job to meet these criteria, the candidate must hold a US bachelor’s degree or higher or its equivalentas a minimum requirement to perform the duties of the job.  When it comes to the job of computer programmer, the OOH states that some employers will hire computer programmers for entry level positions with only a US Associate’s degree.  CIS is using this as evidence that computer programmers making Level 1 Wages are entry level and therefore do not meet specialization requirements, as some employers only require an Associates, rather than a Bachelor’s degree to perform the duties of this job.

There are two main problems with this RFE:

1. Level 1 Wage does not mean entry level job.

Many jobs that require more education than an entry level job would – including computer programming – require a lot of supervision and training on the part of the employer.  Recent college graduates coming into the workforce with a Bachelor’s degree but little to no work experience need to be supervised and trained to apply the specialized skills and knowledge they learned in school to the work environment.  That’s why jobs that meet H1B education requirements can be met at Level 1 Wages: employers need to do extra work to help new hires make the transition from college into the work force.

2. The OOH also states most employers require a US Bachelor’s degree for entry level computer programmers.

That’s right, the same source that CIS uses to justify this RFE also states that the norm is for employers to meet H1B requirements for entry level computer programming positions anyway.  Although it does state that some employers will hire to this position with only a US Associate’s degree, it also states that in most cases a US Bachelor’s degree is required, even for jobs at entry level. 

We can use these problems with this RFE to help you or your employee or client gain ground in the RFE response to strengthen their case.  When it comes to this employment issue RFE, CIS is simply wrong.  However, CIS is still the gatekeeper to H1B visa status, and it’s up to us to overturn these RFEs and set the record straight.  This is not an easy task, but at TheDegreePeople.com we have a 90% success rate when answering these RFEs.

To have us review your case, or your employee or client’s case at no charge or obligation, please send the following documents to [email protected]

• LCA

• Beneficiary’s resume and educational documents

• Employer support letter

• A detailed job description outlining the duties of the position

• The RFE

We will get back to you in 48 hours or less with a full analysis and, if we can help you, details on pricing and directions on how to order.

Approved! The Feared Level 1 Wage RFE! Read More »

Overturning the RFE for Specialty Occupation

Credential Evaluation, Immigration

It’s RFE season and CIS is coming down especially hard on “borderline” occupations this year.

These are jobs that don’t necessarily require a US bachelor’s degree or its equivalent or higher according the the US Department of Labor’s Occupational Outlook Handbook (OOH). Some borderline jobs include management positions, certain computer and tech positions, certain healthcare occupations, and other jobs that vary in specialization based on the individual circumstances of the unique job itself.

When an employer fills out the Labor Conditions Application, they must choose the employee’s occupation from the OOH. This selection is used by CIS to determine the prevailing wage the H1B employee must be paid. Employers of H1B candidates with borderline jobs can choose a job from the OOH that emphasizes a central aspect of the occupation that requires a US bachelor’s degree or its equivalency or higher. This is where three problems arise that result in some very serious RFEs:

First, most jobs don’t meet the duties and responsibilities outlined in occupations in the OOH 100%. This is a vulnerability CIS takes advantage of to issue an RFE.

Second, when employers do this, the job on the petition does not match the job on the LCA.

Third, the wages employers are paying their H1B workers is called into question because the wages being paid to the H1B worker is not the same as the wage level as stated for the occupation in the OOH.

These are very serious RFEs.

Does this mean employees with borderline occupations are out of luck this RFE season? No, but it requires answering the RFE with a lot of evidence, documentation, citations, and analysis. The goal is either to prove that this particular occupation is uniquely specialized as to require an advanced degree, or that the candidate’s degree equivalency meets the educational requirements stated for the OOH job indicated on the LCA.

Don’t try to answer this RFE alone. This is not something you can do without help from experts in international education, the details of H1B educational requirements, and CIS approval trends, and is familiar with the various OOH/ONET positions and their requirements. While there are no guarantees with CIS, at TheDegreePeople.com, our experts have been able to overturn these RFEs with a 100% success rate. Visit ccifree.com and let us help you solve your RFE dilemma.

Overturning the RFE for Specialty Occupation Read More »

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