common h1b rfes

Approved! The Feared Level 1 Wage 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.]]>

The Double 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.]]>

Overturning the RFE for Specialty Occupation

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 http://ccifree.com/ and let us help you solve your RFE dilemma.]]>

H1B RFE? Whose fault was it?

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.]]>

H1B RFE Season 2017 is Here! Are You Ready?

ccifree.com and submit the educational documents and a current accurate resume along with the candidate’s job title or desired equivalence. We will get back to you within 24 hours with the pre-evaluation, a full analysis, and all of your options. 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.]]>

Preempt an RFE: Beware of False Translations

kandidat naouk is generally evaluated to be the equivalent of a US doctorate, but it cannot be TRANSLATED into this equivalency. Don’t get too far on your petition, or your employee or client’s petition before without an accurate account of their education. Simply go to ccifree.com and attach the academic documents and a current resume, and indicate the visa, and job or desired equivalency. Within 24 hours, we will get back to your with a pre-evaluation and full analysis of your options. Translation and evaluation are very different, highly specialized services. A good evaluator can spot and correct when academic value gets lost in translation. Foreign credential evaluators typically have significant experience with international credentials from working in university admissions or similar work environments, or have earned graduate level degrees in international education. Because of the complex nature of international education, evaluators must have a firm grasp of education structures across the world, as well as USCIS statutes and precedent decisions, international trade agreements, and more. Evaluations must be performed on a case-by-case basis because every candidate’s path through learning – both in institutions and on-the-job – is unique. Therefore, evaluators must have the experience and insight to pass judgment with integrity. Do not file an H1B or EB2 petition with falsely translated educational documents. Both of these visas rely heavily on academic eligibility and filing with the wrong education will result in an RFE at best, and a lot of extra work. Before you get too far on the petition, let us provide a pre-evaluation with all of your options to help prevent or overturn an educational RFE. Simply go to ccifree.com and attach all educational documents and a current, accurate resume, and indicate the visa, and job or desired academic equivalency. We will get back to you within 24 hours with a full analysis and all of your options. 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.]]>

H-1B Education RFEs: Right Degree, Wrong Country – Right Degree, Wrong Field

Right Degree, Wrong Country A common RFE is triggered when a beneficiary has the right degree from a country that is not the United States. For example, if you, or your employee or client has a bachelor’s degree in biology from India, and a job in the field of biology that requires a US bachelor’s degree or higher or its equivalent, what CIS needs to know is whether or not your education, or your employee or client’s education covers the skills and knowledge necessary to perform the job. Since curriculums, education structures, academic content, and duration of programs differ between countries, CIS does not have all of the information to make this decision. Before you file, talk to a credential evaluator who can write a detailed evaluation of the academic content of your degree, or your employee or client’s degree, as well as experience working in the field of biology. This evaluation will show that even though this degree is not from the United States, you, or your employee or client is prepared with the specialized skill set and knowledge base necessary for the US job. These kinds of petitions filed without a credential evaluation are almost guaranteed to be met with an RFE instead of an approval. If this is what happened to you or your employee or client, it’s not too late to get the evaluation you need. Be sure when you talk to a credential evaluation agency that they understand the nuances of the H-1B visa requirements when it comes to education, as well as current CIS approval trends. Right Degree, Wrong Specialization Let’s say your bachelor’s degree, or your employee or client’s bachelor’s degree is in biology, but the job is in chemistry. With only that information, CIS has no way to know whether or not you or your employee or client has the skills and knowledge needed to perform the duties of chemist with a biology degree. The missing information is an evaluation of your education or your employee or client’s education and work experience. If you or your employee or client took classes in chemistry during college, those can be evaluated to count towards the right specialization. If you have, or your employee client has years of work experience in the field of chemistry in which he or she took on progressively more responsibility and learned new skills in the process, that can count towards the right specialization as well. Talk to an evaluator with the authority to closely examine the course content of your degree, or your employee or client’s degree, as well as the authority to convert years of progressive work experience in the field into college credit hours towards the right degree in the right specialization. Both of these common education RFEs have to do with CIS needing more information about whether or not you or your employee or client has the skills and knowledge necessary to perform their job. With literally hundreds of thousands of petitions to sort through, CIS needs information spelled out very clearly and in an easily digestible fashion. At the same time, the person evaluating your petition or your employee or client’s petition is most likely not an international education expert with the extensive knowledge of different academic structures and equivalencies ready at their disposal. What they don’t know needs to be including in the initial petition, and if not then certainly in your response to the RFE. About the Author Sheila Danzig Sheila Danzig is the Executive Director of TheDegreePeople.com, a foreign credentials evaluation agency. For a no-charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.    ]]>

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