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common h1b rfe

Back to the Basics: How to Answer a Difficult H1B RFE

Credential Evaluation, Immigration, Visa Approvals

Ten years ago, receiving an H1B RFE was a relatively rare occurrence. Today, H1B applicants have about a one in three chance of getting an RFE instead of an approval.

What does this mean for FY 2019 H1B beneficiaries? There is a strong chance the petition will receive an RFE. This does not mean the end of the case, it’s a chance to fortify the case for approval. If you, or your employee or client receives an H1B RFE – even if it’s a double employment issue RFE or the Nightmare RFE that is virtually impossible to answer by its own instructions – the first step is to read it through carefully. Then, put it down and go back to the basics.

Go back to the original H1B eligibility requirements and identify which one is lacking in supporting evidence.

For a job to qualify for H1B eligibility, it must be a specialty occupation. That means as a minimum for entry into the position, the candidate must have a US bachelor’s degree or higher or its equivalent. CIS requires the degree be in the exact field of the H1B job, even if an employer will hire a candidate with a degree in a related field. That means if the job and the degree are not an exact match, evidence must be provided in the petition to fill in the gap. If this job in question does not typically require an advanced degree but this position is uniquely specialized, evidence clearly explaining why accompanied by an expert opinion letter to back it up is required to answer RFEs pertaining to this issue.

The H1B beneficiary must be earning the prevailing wage for the job as is consistent with that position, in that industry, in companies of that size, in that geographic location. If this is the issue, you will need to provide documentation of the employee’s wages and the factors that went into determining the wage level accompanied by an expert opinion letter to support why the wage level is set as it is.

If the RFE inquires into both of these issues, you do not need two separate expert opinion letters. At TheDegreePeople.com, we work with experts in all industries who can cover both concerns with one letter, which means you only have to order one.

For a beneficiary to meet H1B eligibility requirements, they must hold the necessary degree in the necessary field. This gets tricky when candidates need to meet the degree requirement through means of equivalency. H1B requirements state the candidate must hold the US bachelors degree or higher or its equivalent. Candidates with education from outside of the United States, incomplete education, no formal college education, or the right degree in the wrong specialization need to submit a detailed credential evaluation along with the RFE response. This evaluation must be written with consideration of the job and the specific requirements of the H1B visa. Often, a candidate’s work experience must be added to the degree to meet specialization requirements, or to account for missing years – because of incomplete college or from a 3-year degree to account for the missing fourth year.

At TheDegreePeople, we understand that every pathway through education is different, and therefore never write a cookie cutter evaluation. We take the individual, the job, and the visa requirements into consideration along with CIS approval trends. Every year, we work with difficult RFEs and every year we answer them successfully.

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

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You Can Sidestep the Most Common H1B RFEs

Credential Evaluation, Immigration, Visa Approvals

H1B filing season is right around the corner, and the trend of increasing rates of RFEs is expected to continue. That means when you organize your petition, or your employee or client’s petition to file, sidestepping any RFEs that may be thrown your way must be a priority.

At TheDegreePeople, we help our clients answer H1B RFEs every year. Sometimes you can’t control whether or not you or your employee or client receives an RFE because CIS makes mistakes. However, there are a handful of common RFEs that can and should be avoided. Based on recent years, here are two of the most common RFEs that can be easily avoided by anticipating the evidence CIS requires in the initial filing.

Degree does not match the job title

We expect this CIS approval trend that emerged about six or seven years ago to hold strong. Your degree, or your employee client’s degree must be an exact match for the job. H1B visa holders must work specialty jobs and have the specialized skills and expertise required to perform the duties of these jobs. To prove specialization, you or your employee or client must either hold a degree in that exact field, or have the individual credits and work experience to write an equivalency to that exact field. For example, if you or your employee or client has a job in finance and a Bachelor’s degree in business, you need to include a credential evaluation that takes a close look at the candidate’s courses taken in finance, as well as work experience in the field of finance. Work experience – so long as the candidate took on progressively more responsibility through this work – can be converted into years of college credit with three years of work experience equating to one year of college credit in the field. This evaluation is necessary to sidestep this VERY common RFE.

Three-year bachelor’s degree

At TheDegreePeople, we work with many clients with Indian three-year Bachelor’s degrees. Every year, we see that without a credential evaluation, virtually all of these clients receive an RFE. In the past, we’ve been able to answer these RFEs by showing that the course content of three-year degrees is the equivalent to a US four-year bachelor degree by converting classroom contact hours into college credit hours using the Carnegie Unit conversion of fifteen classroom contact hours to one hour of college credit. However, last year it did not work. Luckily, we always have a plan B.

This year, if you or your employee or client has a three-year bachelor’s degree, you should understand right off the bat that your client will need a work experience conversion to get the H1B visa approved. CIS is hung up on that missing fourth year, and at the end of the day, it’s up to them whether or not to approve your visa, or your employee or client’s visa. Consult with a credential evaluation agency about the candidate’s education and work experience and include a credential evaluation with a work experience conversion in the initial H1B filing on April 1st.

If either or both of these situation matches that of you or your employee or client, do not file without the appropriate work experience conversion. It’s important to remember that not all credential evaluation agencies are authorized to make this work experience conversion. Only a college or university professor is authorized to issue college credit for years of progressive work experience. The credential evaluation agency you want to work with has these professors on staff or on contract to write the evaluation you or your employee or client needs to sidestep an education 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.

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