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H-1B RFE

Case Study: Specialty Occupation H1B RFE for Engineer – Overturned!

Credential Evaluation, Immigration, Visa Approvals

While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright.

To qualify for H1B status a job must require a minimum of a US bachelor’s degree or higher or its equivalent to enter the position, and the job must entail utilizing highly specialized knowledge to perform the duties of the job.  In past years, jobs like physician or engineer were not called into question.  This past year, even jobs that were once considered clearly specialized were called into question and unsuspecting beneficiaries suddenly had to defend themselves.

One such client came to TheDegreePeople with a specialty occupation RFE for the job of engineer.  In 2017, software developers came under fire with specialty occupation RFEs.  Many employers responded the following year by redefining the job as an engineer.  This is part of the reason the job of engineer was hit with specialty occupation RFEs in 2018, but only part of the bigger picture that CIS approval trends change every year and are difficult to predict.

To address this letter, one of our experts in the field of engineering wrote a third-party expert opinion letter explaining why our client’s particular job met specialty occupation requirements both in line with the industry standard and with the employer’s hiring practices.  This letter accompanied a detailed breakdown of the duties and responsibilities of the position, documentation of industry standard through the ad for the job and ads for the same position in the industry for similar companies, and so forth, to tie it all together.  The RFE was overturned and his visa was approved.

Active now the new USCIS memorandum gives adjudicators the authority to deny H1B petitions without issuing an RFE to clear up any concerns.  This means it is essential to anticipate any issues before they arise.  At TheDegreePeople.com we work with RFEs, Denials, and difficult cases every year.  We know what is likely to trigger an RFE and we know how to overturn them.  Let us review your case, identify issues, and make a plan to fill in the evidentiary gaps before you file.  For a free consultation, visit ccifree.com.  We will get back to you in 48 hours or less.

Case Study: Specialty Occupation H1B RFE for Engineer – Overturned! Read More »

Countdown to April 2nd: Your H-1B Last Minute Checklist

Credential Evaluation, Immigration, Visa Approvals

The H-1B visa is the most competitive US work visa and the H-1B cap for FY 2019 opens in just a few weeks.

This year, USCIS opens its doors to H-1B petitions on Monday, April 2nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery.

Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case.

Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions.

If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements.

Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized.

There are some situations that are RFE magnets. If you, or your employee or client:

• Has a degree from outside of the US,

• Has a three-year bachelors degree,

• Has an incomplete degree or no college at all,

• Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or

• Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization,

You need to know before you file and address the situation accordingly to preempt an RFE.

At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.

Countdown to April 2nd: Your H-1B Last Minute Checklist Read More »

Avoid That RFE! No Charge Analysis of Any Case

Credential Evaluation, Immigration, Visa Approvals

Before you file, let us review your case. At TheDegreePeople, we work with difficult cases and RFEs every year. We know what triggers RFEs and we know how to respond to them. We also know when to spot when a case is vulnerable and how to prevent getting an RFE in the first place.

Last year, we saw an unprecedented number of specialty occupation RFEs targeting beneficiaries at Level 1 Wages, particularly computer programmers. If your client or employee is a computer programmer making Level 1 Wages, do not file without a review of your client’s case, a detailed job description, and an expert opinion letter explaining why the job meets H-1B specialization requirements even though it is at Level 1 Wages.

There are also a handful of situations that trigger an education RFE, including having a three-year bachelors degree, an incomplete degree or no college credit at all, a degree with a major that is generalized or not an exact match for the job, and foreign credentials without an evaluation. If your client or employee has anything but a US bachelors degree or higher with a major that exactly matches the H-1B job, you will need a detailed credential evaluation written with regards to the job, H-1B educational requirements, and CIS approval trends.

It’s always better to prevent an RFE in the first place than to have to answer one later. Visit ccifree.com for a free review of your employee or client’s case at no charge and no obligation.

Avoid That RFE! No Charge Analysis of Any Case Read More »

Addressing the Education RFE

Credential Evaluation, Visa Approvals

Don’t panic if you get an RFE. This means your petition is under consideration and you get another chance to build a solid case for approving your petition. Take this opportunity by reading over your RFE carefully with your employer and understand exactly what is being asked of you.

The two main education situations require you to submit a detailed credential evaluation with your transcripts. The first stems from a recent change in USCIS standards regarding your degree. In the recent past – as well as in the present when it comes to hiring domestic employees – you can meet the requirements for a specialty occupation by having a degree in a field related to your field of employ. Now, the USCIS requires your degree exactly match your field of employ.

So what if you have the right degree but the wrong major? No problem! A detailed credential evaluation can do two things to remedy the situation. First, we can take a close look at the courses you took to show that you did, in fact, specialize in your field of employ even if your major doesn’t clearly reflect it. Secondly, if you have work experience in your field of employ, we can convert years of work experience into college credit hours.

The second common education-related misunderstanding that can trigger an RFE to come your way is your degree from a different country than the United States. If you earned your degree outside of the United States, this means your bachelor’s degree came from a country with a different academic system. Many of these systems have three-year bachelor’s degrees instead of the US four-year degree. At the USCIS, they look at your three-year degree and all they see is the missing fourth year. You literally need to spell out the value of your education in terms of US equivalence. Again, you can do this with a detailed credential evaluation that can take a close look at the academic content of your degree. In most cases, the only difference between a three-year degree and a US four-year degree is density. You get more classroom contact hours each year with a three-year degree and by converting classroom contact hours into US college credit hours you end up with the academic equivalence of a US four-year degree. No problem. You’ve just got to order a detailed evaluation from an agency with the authority to make these conversions.

For a free consultation on your academic RFE, visit us online at cciFree.com or call any time at 1.800.771.4723. We’re always here to help you.

Addressing the Education RFE Read More »

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