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EB3 visa

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.

I-140 Prevention and Solutions Read More »

EB2 or EB3? – Find out Before You File

Credential Evaluation, Immigration, Visa Approvals

While there are extensive wait times for approval for both categories, EB2 has a much shorter wait time.  For this reason, it can be tempting for beneficiaries to try to meet EB2 requirements with EB3 education.

To qualify for EB2 status, a beneficiary must hold a US Masters degree or higher, or its foreign equivalent, OR a US Bachelors degree or its foreign equivalent FOLLOWED BY five years of progressive work experience.

It’s important to not here that simply having a Bachelors degree or its equivalent and five years of work experience in the field of the EB2 job is not enough to meet these requirements.  To count towards the educational qualifications, the work experience must follow having earned the Bachelors degree to show that the advanced education was a minimum requirement for the work experience.

Before filing, let us review your case, or your client or employee’s case.  It is not always clear whether or not the beneficiary will qualify for EB2 or EB3, and you definitely don’t want to miss out on the opportunity to file EB2.  The right credential evaluation takes the requirements of the visa into consideration, along with a whole host of other factors by which equivalency is determined.

For a free review, pre-evaluation, and analysis of your case, or your client or employee’s case, simply go to ccifree.com and submit your clients resume and educational documents.  We will get back to you within 48 hours with our recommendations.

EB2 or EB3? – Find out Before You File Read More »

EB2 or EB3? Know which one before you file!

Credential Evaluation, Immigration, Visa Approvals

Oftentimes, candidates are tempted to file for EB2 instead of EB3 because the processing time can be years shorter. However, EB2 is scrutinized VERY carefully and requirements surrounding educational equivalencies for this particular visa are very strict and different from EB2. This can sometimes motivate candidates to say that the education is more than it actually is. Sometimes the misunderstanding is a mistake. Don’t take anything for granted, be 100% certain of the education you’re working with. Filing for EB2 with EB3 education successfully is a long shot and should only be done once EB3 is secured.

Before you get too far on the petition, let us review provide a pre-evaluation with all of your options so you can make the right decision about which classification to file for. Simply hit visit ccifree.com and attach the candidate’s resume and educational documents along with the job title or desired academic equivalency. We will get back to you within 24 hours with the pre-evaluation and a full analysis of all of your options.

One major difference between EB2 and EB3 is that EB3 allows for education to be combined, if, and only if it is so stated on the PERM. EB2 requires a single source degree. However, there are some interesting ways “around” it that have worked.

Both EB2 and EB3 visas are Green Card (permanent residency) visas, and the requirements are education-based for academics and skilled professionals. CIS takes two key aspects into account when assessing eligibility for these visas:

  1. The candidate’s job.
  2. The candidate’s education.

For both EB2 and EB3, the job must hold as a minimum requirement the visa’s education requirements, and the candidate must meet these requirements within CIS guidelines for equivalency. That means the candidate must hold the required degree or training for the job, and the degree must be in the exact field of the job.

EB3 is for skilled, unskilled, or professional workers. These requirements are different for the different kinds of jobs. If the job is classified as skilled work, to meet EB3 requirements the job must require at least two years of training or job experience, and the candidate must have this education or experience. For jobs classified as professional, the job must require and the candidate must hold a US bachelor’s degree or its foreign equivalent in that field. If the job is classified as “other” or unskilled, the job must require and the candidate require less than two years of training, and the job must be permanent to meet CIS requirements for EB3.

As you can see, EB3 is a broad classification that most candidates can meet. EB2 visa requirements are much more strict and have very specific requirements surrounding equivalencies for candidate with degrees from outside of the United States.

To meet EB2 requirements, candidates must either have:

  1. A US bachelor’s degree or a SINGLE SOURCE equivalent FOLLOWED BY five years of progressive work experience in the field, or
  2. A US Master’s Degree or higher or its foreign equivalent.

For candidates with education outside of the United States, meeting EB2 education requirements can be difficult because of the single source equivalency rule. The Bachelor’s degree equivalency must be a single source, so when it comes writing equivalencies for three-year bachelor’s degrees, you or your employee or client may not be able to meet EB2 standards. For example, when we work with H1B visas, when candidates have three-year degrees and at least three years of progressive work experience in the field, we can write a credential evaluation that converts the three years of progressive work experience into one year of college credit in the field, signed off by a professor authorized to issue college credit for work experience. We can then add that additional year to the three-year degree and have what CIS would accept as the equivalency of a US four-year Bachelor’s degree. The does NOT work for EB2 because the Bachelor’s degree must be a single source, so combining years of education with work experience will just result in an RFE or Denial.

If you or your employee or client has a three-year Bachelor’s degree and no additional education, their best option is to file for EB3 as a skilled worker with an Associate’s degree and work experience. Filing for EB2 would be a waste of time.

However, there are situations where a candidate DOES qualify for EB2 with a detailed credential evaluation. Before you get too far on your case or your employee or client’s case, visit ccifree.com and submit the candidate’s educational documents and a current, accurate resume, along with the job or desired equivalency. We will get back to you within 24 hours with a pre-evaluation of the candidate’s education, a full analysis, and an overview of 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.

EB2 or EB3? Know which one before you file! Read More »

The difference between an evaluation for college study, for H1B, and for I140, and why you need to know.

Credential Evaluation, Immigration, Visa Approvals


For example, let’s take a look at the three-year degree. Many US universities will accept an evaluation that shows the three-year degree is equivalent to a US bachelor’s degree for admission into US Master’s programs. No problem.

However, try taking that same three-year degree to CIS for H1B eligibility and you will run into trouble in a hurry. Regardless of what the evaluation says, the three-year bachelor’s degree will not be accepted for the H1B on its own. However, with a different evaluation in which work experience is added to the three-year degree by a professor authorized to issue college credit for work experience, this degree equivalency is allowed for H1B eligibility because it accounts for the missing fourth year of college through work experience.

Now comes I140. Will the same evaluation you used for H1B work for I140? No. CIS regulations surrounding combining education and work experience vary greatly between these visas. Will that same evaluation used to gain entrance into a US Master’s program work for I140? Not necessarily. For EB3, the answer is almost always yes. For EB2, if there is only a three-year degree, the answer is sometimes but not very often. But if you have a two-year Master’s and some work experience for EB2, we can provide a solution that is always approved!

Confusing? Yes.

How do you know what to do? You don’t. But the right evaluator does. If you need an evaluation for CIS, be sure you use an evaluator who understands the regulations. Otherwise, you may end up with an evaluation that is technically correct, but still results in a Denial.

At TheDegreePeople, we keep one eye on the education, and one eye on CIS. We ask questions about the visa to make sure we provide you with the best possible match based on the visa you, or your employee or client is filing.

Come to us before you file. We can review everything at no charge and eliminate any situations that simply won’t work. This will save you a great deal of time, money, and peace of mind.

For a full analysis and pre-evaluation of any case, simply visit www.ccifree.com, fill out the short form, and attach all required documents. We will get back to you in less than 24 hours at absolutely no charge with 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.]]>

The difference between an evaluation for college study, for H1B, and for I140, and why you need to know. Read More »

2017 EB2 Education Trends You Need to Know About

Credential Evaluation, Immigration, Visa Approvals


When looking at whether or not EB2 educational requirements are met, carefully read what CIS accepts as equivalencies. Different visas have different parameters around what education and experience combinations are permitted to meet visa requirements. This, alongside CIS approval trends, paves the way to an RFE or worse in a hurry if you rush forward unaware.

The Degree must EXACTLY fit the job title on the PERM

One common mistake in EB2 filing occurs when a candidate’s education does not exactly match the job title on the PERM. In the past, CIS has allowed candidates with degrees in fields related to their job to have their visas approved, but educational standards have tightened. This means if you have, or if your employee or client has a degree in a field that doesn’t exactly fit the field of employ, you cannot simply file as is. EB2 occupations are highly specialized, and you need to clearly show CIS that you have, or your employee or client has the precise skills and knowledge necessary to excel at the job. This means having education specialized to the profession. If this is you situation, or your employee or client’s situation, have a credential evaluator with experience working with EB2 petitions review the education and work experience. With the proper conversions, documentation, and citations, you may be able to get the evaluation needed to account for the proper degree specialization.

The Bachelor’s Degree must be a SINGLE SOURCE

If the bachelor’s or master’s degree is not an exact match for the job title on the PERM, or if you or your employee or client has a three-year bachelor’s degree, or anything other than a straightforward US education that fits the field of employ, DO NOT file without a credential evaluation. The purpose of this is to explain that the candidate holds the educational value equivalency of the education required by CIS to meet EB2 eligibility requirements. However, this leads into another common problem EB2 candidates face: the bachelor’s degree must be a SINGLE SOURCE. Unlike other visas, you cannot combine work experience and college credit to make the bachelor’s degree or master’s degree equivalency in the correct specialization. However, CIS does accept a work experience conversion of ONLY years of work experience in the field into enough years of college credit to meet CIS requirements for bachelor’s degree equivalency. Talk to a credential evaluator with the authority to convert years of work experience into college credit to see if you have, or your employee or client has the background necessary for this solution.

EB2 processing time is years shorter than the time it takes to process EB3 petitions. For this reason, candidates are tempted to try to meet EB2 requirements even if they do not. DO NOT BE TEMPTED BY THIS. It is a waste of time. However, if the EB2 educational requirements can be met, definitely take advantage of this. Before you file, have a credential evaluator with extensive experience working with EB2 cases and EB2 RFEs review your case, or your employee or client’s case and see if you can clearly meet the requirements for this visa. If the education and work experiences fit, congratulations! Go for it.

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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The Answer to Your EB2 RFE is NOT in the RFE!

Credential Evaluation, Immigration, Visa Approvals


RFEs can be complex and murky in their wording. The reality is, the pathway to successfully answer an RFE is NOT in the wording of the RFE itself. USCIS uses the RFE as a tool to gather more evidence about your client’s case to make a decision, but also as a shortcut to justify weeding out petitions amidst the vast number of petitions they have to process every year.

Instead of looking to the RFE to discern how to answer it correctly, look to the initial I-140 requirements for the visa.

Do you, or does your employee or client meet the educational criteria of the visa?

First and foremost, make sure that the beneficiary’s education meets the educational criteria for the particular visa preference classification. For example, and EB2 visa requires beneficiaries to hold a US Master’s degree or higher or its foreign equivalent, or a US bachelor’s degree or its equivalent FOLLOWED BY five years of progressive work experience in the field. If you or your employee or client does not meet these requirements, or cannot meet them with a detailed credential evaluation, you are petitioning for the wrong visa. However, many candidates who do not immediately meet these criteria actually do with the proper credential evaluation. This brings us to the second educational requirement for I-140 visas:

The Bachelor’s Degree must be a single source.

This means, unlike other visas such as the H1B, your client cannot combine work experience with years of college credit to write a bachelor’s degree equivalency. It must be a single source. This can become troublesome if you or your employee or client holds a three-year bachelor’s degree from a country outside of the United States because that missing fourth year is going to be a problem. However, years of progressive work experience in the field can in many cases be evaluated to be the equivalency of a US Master’s degree in the field, accompanied by the proper evidentiary support, documentations, and citations.

The Education and Job Must Meet Visa Criteria

It is tempting for candidates with EB3 qualified education to try for EB2 preference. This is because the wait time for visas being processed is years shorter for EB2 candidates than for those of EB3 education. Do NOT be tempted into petitioning for a visa that is not right for your client. EB2 candidates must hold a US Master’s degree or higher or its foreign equivalent, OR a US bachelor’s degree or its foreign equivalent FOLLOWED BY five years of progressive work experience in the field. These requirements are extremely specific, but also very clearly spelled out. If you are unsure about your client’s education, talk to a credential evaluator who often works with I-140 cases and their RFEs. In the same way, some jobs simply don’t meet the specialization requirements of EB2 or EB1. These visas require highly specialized jobs with advanced degrees and work experience necessary to perform. If you or your client or employee does not hold a job that fits these requirements, you may be chasing the wrong visa.

USCIS defines progressive work experience in the field as “demonstrated by advancing levels of responsibility and knowledge in the specialty.” This means that the candidate must have clearly learned skills and knowledge essential to the industry through this work experience, and instead of passing a test or getting a grade, this progress is evidenced through promotions and increased responsibility. Progressive work experience comes in handy candidates don’t have the number of years necessary in their foreign bachelor’s degree to make a single source US equivalence, and also when they run into the next RFE-triggering problem.

The Degree MUST Match the Job Offer

If your education, or your employee or client’s education doesn’t match the job offer on the PERM, you will receive an RFE. This is because candidates need to have the specialized skills and knowledge necessary to perform their job, and a degree in a different field does not assure CIS that they meet minimum requirements to perform their job. Employers will often hire employees with degrees in related fields that are not an exact match because they know there is enough information overlap, but CIS will question their qualifications with an RFE. If your degree, or your employee or client’s degree does not match the job offer, progressive work experience in the field can be converted into the necessary degree specialization. For example, say you or your employee or client has a job in computer sciences but a Master’s degree in engineering. The beneficiary also has five years of progressive work experience in the field of computer sciences. A credential evaluator with the authority to make this conversion can write the equivalent of five years of POST-BACHELOR’S DEGREE work experience in the field of computer sciences to a US Master’s degree in computer sciences.

If you or your employee or client received an RFE, read it over carefully, but don’t get lost in it. Instead, sit down with your team and understand which of the ORIGINAL VISA CRITERIA are in question. Find out what evidence you need to provide to meet the ORIGINAL VISA CRITERIA that are in question and submit that documentation in your answer. The roadmap to answering the RFE is NOT in the RFE, so look to the original visa criteria and make sure that you’re not leaving any open gaps or failing to meet any requirements.

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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