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Degree Equivalency or False Translation? – Find Out Now!

When a beneficiary files for EB2 status with credentials from outside of the United States – especially if the transcripts are in a language other than English – educational documentation can get tricky really fast.

That’s because it’s easy to accidentally insert academic value judgment on a credential when translating it into English.

Preparing educational documents in order to understand whether or not the beneficiary actually meets the educational requirements for the visa in question – or can meet them through including the right credential evaluation – is a two-step process. The first is translation, and the second is academic evaluation. You would never send documents to an evaluator for translation, and so you should never expect your translator to complete the evaluation. These are two very different and very specialized services, and expecting these steps to be a one-stop shop is a recipe for an RFE at best.

Beneficiary educational documents are especially vulnerable to false translations when the credential doesn’t have the word “degree” in the title, or a word that translates into it. For example, the Indian Chartered Accountancy credential is the academic equivalent of a US bachelors degree in accounting even though the word “degree” is not in the credential. However, the Canadian Chartered Accountancy and US CPA credentials do not meet equivalency requirements for a bachelors degree in accounting and don’t have the word “degree” in them either.

Some credentials simply don’t have a direct English translation. For example, “postgraduate” degree is often mistranslated into a masters degree even though they are not the academic equivalent. The Russian credential kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same.

The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency.

For a free review of your case, or your client or employees case, visit ccifree.com. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.

Degree Equivalency or False Translation? – Find Out Now! Read More »

3 Simples Rules to See if Your H1B Candidate Qualifies

H1B visa status is highly sought after by both candidates and their employers. This is because it allows highly skilled foreign employees to live and work in the United States for three years, with the option to extend to six. Because STEM industries are growing and creating jobs faster than the US workforce can fill, the H1B program is essential to bringing workers with the skills and expertise needed to keep US STEM industries competitive.

However, not every candidate qualifies for an H1B visa, regardless of what candidates and their employers want.

With filing season coming up next month, you need to know whether or not the candidate H1B qualified BEFORE you file. For a candidate to meet H1B educational requirements, they must have a specialty occupation and hold an advanced degree in the exact field of their job. Although these rules seem simple, it gets complicated really fast, especially if you or your employee or client holds a job that requires an unusual amount of responsibility and expertise than is normal for similar jobs in that industry, if the candidate’s degree is from OUTSIDE of the United States, or if the candidate has a generalized degree or a degree in a different field than their H1B job.

Not sure if you, or your employee or client meets H1B eligibility requirements? Find out with these three rules:

  1. The job requires an advanced, specialized degree.

Simply referencing the ad or job description for the H1B job is not enough. Even if the candidate’s job requires a US bachelor’s degree or higher to perform, you need to clearly show that similar jobs in the same industry ALSO require this level of specialized expertise. You need to show that this is an industry standard. Sometimes, the job will require a unique level of skill and expertise that is not an industry standard. In these cases, you will need an expert opinion letter and evidence about this particular job and company to justify why this job is specialized while similar jobs in the industry with the same title are not.

  1. The candidate has a US bachelor’s degree or higher or its foreign equivalent.

If you, or your employee or client has a degree of this nature from a US institution, and it’s in the correct field, you’re good to go. However, if the candidate has an advanced degree from a country other than the United States, you need to take a closer look to make sure that the candidate is actually H1B qualified. Take the candidate’s transcripts and work experience to a credential evaluator who works regularly with H1B cases and their RFEs. When it comes to degrees like the Indian three-year Bachelor’s degree, the candidate will need at least three years of progressive work experience in their field of employ to account for the missing fourth year of college necessary for the US four-year bachelor’s degree equivalency. Not all work experience will meet the requirements for this conversion. You, or your employee or client may have what is needed to make the conversion, but will still need the right credential evaluation for it to work. If the credential evaluator does not ask about the visa or job, look elsewhere. The evaluator must understand the particular H1B visa requirements as well as CIS approval trends to make an accurate assessment of your, or your employee or client’s educational qualifications, and write the evaluation needed to get the H1B visa approved.

  1. The candidate’s degree is in the field of their H1B job.

Do you, or does your employee or client hold an advanced degree with a major in their exact field of employ? If the answer is yes, then you’re most likely good to go. If the answer is no – even if the degree is from a US institution – the next step is to find out if your client has the course content and work experience needed to write the equivalency to a degree in the right field. Take the candidate’s transcripts and work experience to a credential evaluator who works regularly with H1B cases and their RFEs to determine if there are enough years of progressive work experience in the field to fill in the gaps between their degree specialization and their field. In the past, candidates with degrees in fields related to their job have had their visas approved, but in the past six or seven years this has not been the case. The degree must be an exact match to prove the candidate has the specialized skills and expertise needed for their H1B job or CIS will not approve the 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.

3 Simples Rules to See if Your H1B Candidate Qualifies Read More »

H1B Case Study: Approved with NO College Credit!

H1B visa requirements state that an eligible beneficiary must have a US bachelor’s degree or higher or its foreign equivalent, and the institution from which the degree was earned must be government accredited. The fact of the matter is, there are many non-government accredited programs around the world that provide students high quality education. There are also plenty of H1B candidates with no formal higher education who have the skill and knowledge necessary to excel at their specialty occupations. Can these candidates hope to get their H1B visas approved with absolutely no college credit?

The question isn’t can an H1B candidate be approved without any college credit, but rather how much progressive work experience is needed.

As an equivalency, CIS accepts three years of progressive work experience as the equivalent of one year of college credit. This equivalency must be written by a professor with the authority to grant college credit for work experience. Progressive work experience means the candidate took on more responsibility and complexity with time, indicating that the nature of the work experience was educational and increasingly specialized. This work experience must be in the candidate’s EXACT field of employ to meet CIS specialization requirements for H1B visa approval.

If you or your employee or client has no college credit or no degree from a government accredited institution, twelve years of progressive work experience in the field is needed to make this equivalency work.

Sometimes, candidates say that their high school diploma is a college degree. Other times, candidates hold credentials from programs that are not government accredited. If this is the case, you need to know about it before you file the H1B petition. Take your transcripts, or your employee or client’s transcripts to a credential evaluator who can identify what kind of educational background you or your employee or client has, and whether or not the institutions are accredited. Evaluators with experience working with H1B cases can also identify whether or not work experience is “progressive” and will count towards a college credit equivalency.

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 Case Study: Approved with NO College Credit! Read More »

How Can You Avoid that H1B RFE?

H1B filing season is coming up fast. April 1st is right around the corner and you want to make sure you have the time you need to file a petition that’s going to be approved.

In the haste of preparation, it’s important to keep in mind that the rate of RFEs is high and climbing, and submitting a petition that doesn’t meet H1B requirements is a costly waste of time. Meeting H1B educational requirements clearly and initially is the key to visa approval. Successful H1B candidates must hold a US bachelor’s degree or higher or its foreign equivalent in their field of employ. This sounds simple enough, but matters get tricky when a candidate holds a degree or vocational certificate from outside of the United States.

Many candidates are misinformed about their US educational equivalent. This leads to submitting petitions that are doomed to failure. For example, some candidates have earned diplomas and certificates that are not the equivalent of degrees in the United States. Sometimes, the value of the degree gets lost in translation into English. Some vocational certifications from other countries ARE the equivalent of a US bachelor’s degree even though the US vocational certification is not. Foreign credential evaluation is a highly nuanced process that encompasses international education, college and graduate program admissions policies, international trade and commerce agreements, federal case law, and CIS precedent decisions. All of these factors come into play when discerning whether or not you education, or your employee or client’s education meets H1B requirements, and does so with respect to CIS approval trends.

Before you get too far on the H1B petition, take the candidate’s education and work experience to a credential evaluation agency. The right agency for you works regularly with H1B cases and their RFEs. When you call or email, they will respond promptly and ask about your or your employee or client’s job and visa. If the agency does not ask about the job and visa, look elsewhere.

Don’t file an H1B petition with the wrong education. If a candidate does not meet CIS educational requirements with their foreign degree, they may be able to meet equivalency requirements by including a work experience conversion with a detailed credential evaluation.

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.

How Can You Avoid that H1B RFE? Read More »

Answering an H1B RFE: Beware of Education Traps!

Some of the most common H1B RFEs are the result of your case, or your employee or client’s case falling into an H1B education trap. The H1B visa is for highly skilled workers coming to the United States with a US bachelor’s degree or higher, or its foreign equivalent to work specialty occupations. This particular visa weighs heavily on educational requirements for approval, and these requirements get tricky in a hurry. Education systems, structures, and functional equivalencies vary from country to country. This gets even messier when degrees in different countries have the same linguistic translation but different educational values.

If you or your employee or client fell into an H1B education trap, you need to understand what happened and how you can fix it when answering the RFE. Below we will look at some common H1B traps and how to climb your way out of them.

Badly Translated Transcripts

When you submit an H1B petition, CIS requires all educational documents be translated into English and evaluated for US academic equivalence. Some degrees simply don’t translate directly into English. At the same time, many degrees do translate directly into English when it comes to the wording, but the degree has an entirely different academic content. This is why degrees must be translated AND evaluated, and these are both highly specialized fields. Sometimes translation agencies overstep their scope of practice and make educational value judgments along with language translation. This is a major H1B education trap that has become more and more treacherous as some translation agencies have begun to market their services as a “one-shop stop” for translation and evaluation. Credential evaluation must be carried out on a case-by-case basis because every pathway through learning is unique, every institution is unique, and every country has a unique structure. An evaluator must be knowledgeable about these differences, as well as federal case law, CIS precedents, degree program admissions requirements, and international trade agreements to write an accurate evaluation of your degree, or your employee or client’s degree. Translation agencies simply do not have this expertise and instead turn to conservative equivalency databases like EDGE, which is not actually a standardized equivalency database as no such database actually exists.

If you or your employee or client received an RFE as the result of a bad translation, talk to a credential evaluation agency that works regularly with H1B RFE cases. A skilled evaluator can spot a bad translation and evaluate accordingly.

The degree is not from a government-accredited institution.

The fact is, there are plenty of institutions around the world that offer rigorous education programs that fully prepare workers for highly specialized occupations that are not actually government accredited. That means that even though you or your employee or client may have a legitimate education from an institution held in high regard by your industry, or your employee or client’s industry, the institution itself may not be government accredited and CIS will not approve the visa.

This is an RFE trap that you may or may not be able to wriggle free of. If you have, or if your employee or client has years of progressive work experience in the field of their specialty occupation, a credential evaluator with the authority to convert years of work experience into college credit to write a US bachelor’s degree equivalency CIS will accept. It’s always best to find whether or not this will work BEFORE you file the petition, but even if you fell into this H1B trap for FY2017 you may still be able to answer the RFE and get the visa approved.

The Bachelor’s Degree is ACTUALLY just a high school diploma.

This happens more often than you may think. Mistaking a high school diploma for a Bachelor’s degree can happen as the result of cross-cultural misunderstandings, bad translations, and acting upon false information. H1B educational criteria require candidates to hold a US bachelor’s degree or higher, or its equivalent. A high school diploma – or the foreign equivalent of a US high school diploma – will not cut it.

If you or your employee or client fell into this H1B education trap, talk to a credential evaluator with experience working with H1B RFEs. If you have, or if your employee or client has any post-secondary education from an accredited institution, this can be counted towards a bachelor’s degree equivalency, along with any years of progressive work experience you have, or your employee or client has in the field of employ. This is a tough mistake to recover from, and you may even find out that you or your employee or client has been pursuing the wrong visa all along. However, there is still a chance that you can claw your way out of this H1B education trap.

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.

Answering an H1B RFE: Beware of Education Traps! Read More »

5 Common H-1B RFEs and Their Solutions

USCIS visa approval trends change with every year. When it comes to the H-1B visa, many of these trends center around education. The H-1B visa is for highly skilled workers coming to the United States to work specialty occupations. CIS defines a specialty occupation as one that requires a US bachelor’s degree or higher or its foreign equivalent to perform because the skills and knowledge necessary are specialized to the occupation and field. For this reason, education RFEs inquiring into details about candidates’ credentials are always common for this particular visa. Below are five common education RFEs you need to know about.

  1. The Job is not Clearly a Specialty Occupation

While this RFE is primarily related to the nature of the job, it is also an EDUCATION related RFE. The question is about what level of education is needed to meet the MINIMUM qualifications to perform this job. To prove that your job, or your employee or client’s job meets CIS requirements for being a “specialty occupation,” provide the ad for the job that states it minimum requirements. You should also provide ads for similar jobs in the same industry to show that it is a general requirement for employees holding this position to have a US bachelor’s degree or higher or its equivalent. If your job, or your employee or client’s job has specialized requirements unique to the company or organization, provide an expert opinion letter stating why specialized knowledge and skills are needed for your particular job, or your employee or client’s particular job but not in similar jobs in the same industry. Remember, when in doubt, go back to the original H-1B requirements and work from there.

  1. Right Degree, Wrong Specialization or No Specialization

Do your or does your employee or client have a US bachelor’s degree? This might not be enough. CIS requires H-1B visa holders to have a bachelor’s degree or higher in the major that exactly matches their field of employment. In the not-too-distant past, CIS would approve visas of candidates with degrees in related fields, but now these same petitions are met with RFEs at best. Since specialty occupations require specialized knowledge unique to the field, candidates with related majors or generalized degrees are not making the CIS educational cut. However, employers don’t just take on new hires without the knowledge and skills necessary to do the job. If you or your employee or client has the right skills and knowledge through classes outside of their major, as well as direct work experience in the field, you need to find a credential evaluator with the authority to convert years of work experience in the field into college credit that count towards the correct major specialization.

  1. Three-Year Bachelor’s Degree

An unfortunately common RFE arrives when a candidate has a three-year bachelor’s degree, particularly one from India. While the Indian three-year bachelor’s degree tends to have at least the same number of classroom contact hours as the four-year US bachelor’s degree, CIS still requires candidates to account for that missing fourth year. Simply submitting a three-year transcript without an evaluation or attempting to rely on the academic content vs. academic duration requirement will almost certainly trigger an RFE. Instead, talk with a credential evaluator with the authority to convert years of work experience into college credit to account for the missing fourth year.

  1. Degree has an Unclear US Equivalency

Some advanced degrees do not have a clear US equivalency. For example, the job that gets the most RFE’s is Computer Systems Analysis. This is because this degree is EXTREMELY rare, and with current educational trends candidates must hold a degree in that very rare specialization to meet CIS trends. Another example of this is the Indian Chartered Accountancy certification. With the Canadian Chartered Accountancy certification and the US CPA are not bachelor’s degree equivalencies, the Indian Chartered Accountancy certification requires the same steps as a bachelor’s degree in accounting to qualify to take the test to become certified. This makes the Indian Chartered Accountancy the functional equivalent of a US bachelor’s degree in accounting. When it comes to rare degrees or degrees without an intuitive equivalency, holding CIS’s hand and walking them through the steps of education to determine its functional equivalency is required to avoid an RFE in the first place or to answer the one that has arrived. This requires a detailed credential evaluation from a credential evaluation agency with specialized understanding of foreign and international education, as well as knowledge of where one can earn rare degree specializations in the United States.

  1. The Right Evaluation for the Wrong Visa

Regulations surrounding educational equivalencies vary greatly from visa to visa. Some credential evaluation agencies offer cookie-cutter evaluations based on large databases without looking at each situation on a case-by-case basis. Everyone’s path through education is unique – from course content to work experience – AND every visa has different equivalency frameworks. For example, for the H-1B visa, CIS permits candidates to combine education from multiple sources, as well as years of progressive work experience to reach a US bachelor’s degree equivalency. This is not the case for the EB2 visa where the bachelor’s degree must be a single source. Therefore, it is common for candidates to end up with the right equivalency for the wrong visa. Before you hire a credential evaluator, make sure they specifically ask about your visa or your employee or client’s visa. Many credible evaluation agencies will write an accurate evaluation that does not meet CIS requirements for your visa or your employee or client’s visa. This does NOT mean your or your employee or client’s education and work experience cannot meet H-1B requirements. The evaluation must lend itself to the visa requirements, and client’s job offer. It must take into account the field of employ, the degree and specialization required, and the steps CIS allows for you, or your employee or client to get there.

When you receive an RFE, sit down with your team, read it over, and understand exactly what it is asking of you. The roadmap to your success, however, is NOT necessarily in the wording of the RFE. Your success lies within knowing CIS educational requirements for the visa, and in understanding CIS approval trends. The right credential evaluation for the right visa is your key to answering 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.

5 Common H-1B RFEs and Their Solutions Read More »

Four Tips to Successfully Answering an H-1B RFE

an RFE is not a roadmap for success. USCIS is NOT trying to help you. Instead of looking at your RFE for answers, focus on H-1B requirements for guidance. If you, or your employee or client has received an RFE, here are four tips to successfully respond:

  1. Read the RFE thoroughly to understand what is being asked of you.
Sit down with your team, including an evaluator with experience working with RFEs for your client’s visa, read over the RFE word for word, and gain a detailed understanding of what is being asked of you, and WHY CIS is asking for the evidence requested. You only have one shot at responding to this, so you want to make sure you provide everything CIS is asking for at once, alongside a clear explanation of what it is and what is proves.
  1. Understand that sometimes the RFE materials requested cannot be provided.
Sometimes CIS requests evidence that cannot be provided in the time allotted to respond, or within the constraints of the budget, or sometimes even not at all. RFEs like the Nightmare RFE are virtually impossible to answer based on what is asked. With this in mind, it’s important to go back to the H-1B requirements and use these guidelines as the framework for your response. Work with a credential evaluation agency with experience responding to these kinds of RFEs because they understand the underlying questions CIS is seeking to answer in the evidence they are asking you or your employee client to provide. Sometimes you can’t meet the demands of the RFE. Even if providing the requested evidence is virtually impossible, answering the underlying questions is very much possible. In this case, all you have to do to respond successfully is to meet H-1B regulations, if handled properly.
  1. Understand H-1B education requirements.
Every work visa has different educational requirements, and different rules surrounding what education can be combined for US equivalency. For example, an H-1B visa requires beneficiaries to hold a US bachelor’s degree or higher or its foreign equivalent in the exact specialization of the beneficiary’s job position. If you or your employee or client has a foreign degree, or a degree in a mismatched specialization, you need a credential evaluation that clearly shows the value of your education and work experience, or your employee or client’s education and work experience in terms of US academic value. On top of that, you need to do this according to CIS approval trends for this particular visa. For example, a three-year bachelor’s degree from India needs a credential evaluation that converts years of work experience into college credit to account for the missing fourth year even if your degree, or your employee or client’s degree had the same or greater amount of classroom contact hours as a US four-year bachelor’s degree. Talk to a credential evaluation agency that works with professors with the authority to make the work experience to college credit conversion. Make sure the evaluator you work with has experience working with H-1B visa beneficiaries, RFEs, and difficult cases.
  1. MEET THE DEADLINE!
Make sure the RFE is answered by the deadline. Extensions are highly unlikely and filing after the deadline will likely result in the case being rejected. 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.    ]]>

Four Tips to Successfully Answering an H-1B RFE Read More »

Fall into an H-1B Education Trap? Fix that RFE!

The H-1B visa is a dual-purpose visa that allows foreign nationals to come work highly skilled jobs in the United States for long periods of time. This visa is highly desirable and laden with sneaky education traps that can tank your case, or your employee or client’s case in a hurry. H-1B eligibility requirements state that a beneficiary must hold a US bachelor’s degree or higher or its foreign equivalent, and to be a specialized occupation, the job must require such a degree as a minimum. Educational requirements as well as what constitutes sufficient evidence to prove US equivalence for a foreign degree vary from visa to visa. At the same time, CIS trends regarding what they will approve in terms of education, and what they will not approve change.

If you’ve received an RFE for an education situation, it means you’ve already fallen into an H-1B education trap. Don’t panic! The situation may be salvageable. Here is what may have happened:

The degree came from a college or university that is not government accredited.

Many institutions that provide a rigorous, quality education that fully prepare you or your employee or client for the specialty occupation he or she has been hired for are not actually government accredited. Two common examples of this situation are NIIT and Aptech. CIS will not approve unaccredited education.

The “college” degree is actually a high school diploma.

Yes, this happens. Attorneys: don’t listen to your clients when they insist that their high school diploma is a college degree. This tends to be an honest mistake that gets taken too far. Mistranslations, misunderstandings, and different educational systems from one country to the next cause a lot of confusion in this area. Different degrees are often called by the same name, which becomes a problem when transcripts and credentials are translated but not evaluated for academic equivalence. The H-1B visa requires a US bachelor’s degree or higher. A high school diploma does NOT meet these requirements.

If your degree, or your employee or client has a degree from an unaccredited college or university, or no bachelor’s degree equivalence at all, talk to a credential evaluator with the authority to convert years of work experience into college credit. You may be able to salvage your case.

The degree was not evaluated correctly.

If your degree, or your employee or client’s degree is from a different country with a different language, the transcripts must be translated into English and evaluated for US academic equivalence. Sometimes, documents do not get translated correctly, or they are only translated but never evaluated. Sometimes, they are evaluated, but incorrectly. Sometimes they are evaluated correctly, but not for the H-1B visa. This H-1B trap is becoming increasingly common because some translation agencies now offer a sort of one-stop-shop for translation and evaluation. Just like document translation, evaluation is a highly specialized field that requires extensive knowledge of international education, international trade agreements, CIS precedent decisions, federal case law, and various visa requirements. This is because some visas allow education and experience from different sources to be combined to show equivalence while others do not accept that combination but require others. This is also because some degrees exist in one country but not in another, and others don’t have a direct English translation. Some degrees don’t call themselves degrees but are actually the equivalent of post-secondary education. Simply translating documents from one language to another means understanding of the academic content is lost. A credential evaluator can identify where this occurs and fix it. Each evaluation must be conducted on a case-by-case basis.

Before you file your case, or your employee or client’s case, be aware that it may not be as straightforward as you think. Educational systems vary from country to country, and your degree or your employee or client’s degree may not be what you think it is in terms of US academic value.   At the same time, the right degree may be in the wrong field, or difficult to find a US equivalent degree for. Talk to a credential evaluator with experience working with H-1B visas and their RFEs. The evaluator you want understands the specific requirements of H-1B visas as well as CIS trends regarding these much sought-after visas.

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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.

Fall into an H-1B Education Trap? Fix that RFE! Read More »

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