answering an rfe
ccifree.com/ and let us help you overturn the Double Employment Issue RFE. At just a slightly higher cost of just one issue per letter, our experts can handle the entire RFE in one expert opinion letter that addresses both issues in this RFE. This will save you time, money, and peace of mind.]]>
It’s no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. RFEs for petitions for FY-2018 have started arriving and this year, CIS is going after entry level wages for H1B jobs. Here’s the scoop: H1B visas are reserved for highly skilled foreign workers in specialty occupations. This means a candidate must hold a US bachelor’s degree or higher, or its equivalent to qualify, and the job must be specialized to the point of requiring a minimum of that degree or degree equivalency to perform its duties. Part of the petition is the employer submitting a Labor Conditions Application which indicates that the H1B employee will make prevailing wages for that job in that geographic location for companies of that size. Some of these jobs pay entry level wages. That’s where employers have been running into trouble this year. CIS has been consistent in issuing RFEs for candidates making entry level wages because there is question as to whether these entry level jobs are adequately specialized to meet H1B educational requirements. While the rationalization behind this is that many entry level jobs do not require a US bachelor’s degree or higher or its equivalent, many professions DO require this education to gain entry to the field. At TheDegreePeople.com, we work with RFEs and difficult cases on a regular basis and understand what CIS is really looking for in the evidence they request. To have us review your case at no charge and no obligation, please submit the following documents to [email protected] • LCA • Beneficiary’s resume and educational documents • Employer Support Letter • Detailed job description and duties • RFE We will get back o you in 48 hours or less with a full analysis and, if we can help you, the costs of this and how many to order.]]>
- Put it down and go back to the original H1B requirements.
- Go to CCIFREE.COM for a free consultation on how to best proceed.
Sometimes CIS is to blame for the RFE As you well know, CIS is not perfect. The H1B petition could have been spotless and CIS will still issue an RFE. These RFEs are factually incorrect. They are frustrating, but they are easy because you already have all of the evidence, documentation, and analysis ready to file. Sometimes it’s the attorney’s fault While it is rare, an attorney will sometimes file a petition incorrectly. If this is the case, it’s typically not worth firing your attorney for this late in the process. Misfiling errors can be corrected. Sometimes the RFE is the fault of the candidate Sometimes H1B candidates will mistake the value of their degree. It’s not uncommon for a candidate to insist that a high school diploma is a college degree, or to provide mistranslated or poorly evaluated educational documents that trigger an RFE. Sometimes the degree isn’t from an accredited institution, and regardless of how good their education actually is, CIS will not accept a degree from an institution that is not accredited. If this is the case, it’s important to find out where the candidate’s mistake was made and provide accurate evidence in its place when answering the RFE. Sometimes the evaluator – or the evaluation – caused the RFE Credential evaluations for visa cases can get tricky in a hurry, and not every credential evaluator or agency is up for the job. International education is very specialized and nuanced, and each visa has different educational requirements, as well as requirements surrounding what constitutes an equivalency CIS will accept. On top of that, CIS approval trends regarding education change from year to year. For example, in the past, CIS would approve H1B petitions in which the candidate had a US bachelor’s degree or higher in a field related to their H1B job, whereas now they require an EXACT match. If your client has a three-year bachelor’s degree, CIS will no longer accept a classroom contact hour evaluation that breaks down the academic content by converting classroom contact hours into college credit hours. Now, a work experience conversion of three years of progressive work experience to one year of college credit in the field is required to account for the missing fourth year. The evaluator you need for the job follows CIS approval trends, understands the nuances of international education, and understands the difference between educational requirements for different visas. A perfectly good credential evaluator can write the wrong evaluation for your or your employee or client’s H1B case. Here’s a hint: When choosing the right credential evaluator, do they ask about the visa and the job? If the answer is no, then look elsewhere. These factors are vital to the right evaluation for the case. If you or your employee or client received an H1B RFE, let us provide a free pre-evaluation of the candidate’s education. Simply go to ccifree.com and submit educational documents, a current accurate resume, and indicate the job title and desired equivalency. We will get back to you within 24 hours with the pre-evaluation, a full analysis, and all of your options to successfully overturn your client’s RFE. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>
About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723. ]]>
About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>
1) The job must be a specialty occupation. USCIS defines specialty occupation as a job so complex as to require a US bachelor’s degree or higher or its equivalent to perform. This is because specialized skills and knowledge are necessary to perform the duties of the job correctly. To show that your job, or your employee or client’s job is a specialty occupation, you can provide the advertisement for the job that includes minimum qualifications for the job. You should also provide ads for similar jobs in the same industry for companies of a similar size and scope. If your job, or your employee or client’s job holds higher requirements than similar jobs because this particular situation requires specialized knowledge, include an expert opinion letter clearly explaining why this is the case. 2) You, or your employee or client must have a US bachelor’s degree or higher or its equivalency. The H1B visa is for highly skilled workers to live in the United States and work jobs that require specialized skills and knowledge. CIS requires beneficiaries of the H1B visa to hold a US bachelor’s degree or higher or its equivalent. That means if you have, or your employee or client has a degree from outside of the United States – PARTICULARLY if it is a three-year bachelor’s degree or a degree that doesn’t call itself a degree like the Indian Chartered Accountancy certification – you need to submit a credential evaluation alongside the transcripts that clearly show its US academic value. This can be difficult because educational systems vary from country to country. The number of years it takes to complete secondary and post-secondary education are different, and the academic content is different. A credential evaluator with specialized understanding of international education as well as visa education requirements and CIS trends is needed to write the evaluation you need, or your employee or client needs to answer the RFE. CIS allows beneficiaries to combine years of progressive work experience in their field of employ – meaning the work experience required them to take on more responsibility as time went on – to fill in missing years in a degree. Three years of progressive work experience in the field can be converted into the equivalent of one year of college credit in your client’s specialization. This conversion requires a credential evaluator with the authority to convert work experience into college credit, and back it up with the necessary evidence and analysis. 3) The degree must match the field of employ. Since your job, or your employee or client’s job is a specialty occupation, the education must be specialized to his or her field of employ. In recent years, CIS has required the degree specialization to be an EXACT match – whereas in the past they accepted education in a related field and employers regularly hire candidates with related degrees and direct work experience in the field. Of course, you need to answer the RFE with regards to CURRENT CIS approval trends, and that means your degree, or your employee or client’s degree specialization must match the job offer. If you or your employee or client has a generalized degree or a degree with a major that is not an exact match for the job, a credential evaluation that converts years of work experience in the field into college credit counting towards that specialization is in order. Additionally, a credential evaluator can take a close look at the course content of your degree, or your employee or client’s degree and count courses completed in the field of employ towards a degree with a major in that field. Talk to a credential evaluator with experience working with education RFEs and decide the best course of action to meet this requirement. 4) The beneficiary and employer must have an employer-employee relationship. Employer-employee relationships means that the employer has the ability to hire, fire, promote, pay, supervise, and otherwise control the work the beneficiary does as an employee. If these terms are not clearly met, CIS will issue an RFE. To show you or your employee or client meet this requirement, you can submit the employee manual or contract agreement to show CIS the nature of this relationship. 5) The employer must pay the beneficiary the prevailing wages and benefits for the job. The employer must pay the beneficiary the prevailing wages and benefits for the job, for companies of that size in that industry, and in that specific geographical location. To prove this, you need to provide evidence of what those prevailing wages and benefits are, as well as evidence that the employer will be meeting those standards. In addition, you must be able to show that the employer has the economic viability to do so without cutting resources from other employees or the company or organization itself. The economic viability of the beneficiary’s employer is key. To prove this, submit copies of the W-2 form, or pay stubs if the beneficiary is already employed in this position under a different visa status. You may also have to provide quarterly reports for the employer, tax information, or other evidence that shows that the beneficiary’s employer is able to provide prevailing wages and benefits. Many RFEs have difficult wording and make virtually impossible evidence requests – most notably the Nightmare RFE. An RFE does not have the roadmap to successfully answer it contained within it. Read over the RFE, then return to the basics of what requirements need to be met for the H1B visa. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>
- Right Degree, Wrong Specialization or No Specialization
- Three-Year Bachelor’s Degree
- Degree has an Unclear US Equivalency
- The Right Evaluation for the Wrong Visa