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Case Study: RFE for Wrong Degree Specialization Overturned!

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Case Study: RFE for Wrong Degree Specialization Overturned!

USCIS and employers have a different idea of what qualified an H-1B employee for their specialty occupation.  It is commonplace for employers to hire a candidate with a degree in a field related to the position, given they have proper work experience to master the specialized skills and knowledge necessary to perform it.

It has been years since USCIS has regularly approved H-1B cases in which a beneficiary has the required US Bachelor’s degree in a field RELATED to the specialty occupation.  USCIS will not outright approve an H-1B visa unless the beneficiary has a degree in the exact specialization of the occupation, or a detailed credential evaluation that explains how their educational and field experience background makes the equivalent of the correct degree specialization.

Every year, we have clients come to us in this situation.  The way we overturn these RFEs is to write a detailed evaluation that analyzes the course content of the degree earned to highlight college credit hours earned in the exact field of the H-1B job.  Then, we take progressive work experience into account to bridge the gap between the beneficiary’s education specialization and the field of the H-1B job.  Three years of progressive work experience in the field of the H-1B job in which the beneficiary can prove they took on progressively more responsibility and the nature of their duties and tasks became increasingly complex and specialized can be converted into one year of college credit in the field of the H-1B job.  This conversion must be written by a professor with the authority to grant college credit for work experience.

At TheDegreePeople.com, we work with professors in all fields to write the work experience conversion for the credential evaluation you or your employee or client needs to get that RFE overturned.  There are no cookie cutter solutions to H-1B RFEs because every case is different.  Every job is different, and every educational pathway is different, especially when it comes to highly skilled individuals.  All evaluations are uniquely researched and written with regards to your, or your employee or client’s education, job, work experience, and visa. 

For a free review of your case visit ccifree.com.  We will get back to you in 48 hours or less.

Case Study: RFE for Wrong Degree Specialization Overturned! Read More »

How to Prevent a 2nd Round of H1B RFEs with Your First Answer

Credential Evaluation, Immigration, Visa Approvals

The trick is to provide evidence to support all aspects of H1B requirements in the first answer, even if the RFE didn’t specifically ask for it. Just meeting the evidence requests in the first RFE may seem daunting enough without the addition of having to preempt a second round, but trust me, it’s worth it. It will save you a lot of time, money, and headache later on.

At TheDegreePeople, we review each client’s entire case and make sure all of the bases are covered. H1B elligibility means the beneficiary is working a specialty occupation that requires a minimum of a US bachelor’s degree or its equivalent as a minimum qualification to be hired. The beneficiary must hold the required degree in the exact field of the specialty occupation. The employer must pay the employee the prevailing wage for that job in that field for companies of that size in that geographic location, and the employer must be able to hire, fire, promote, supervise, and otherwise control the work the employee does.

For H1B employees working at third-party consulting firms, you must show that there are projects lined up for the employee to perform over the course of their H1B status.

We review each case and the associated RFE and make sure to address any discrepancies between the requirements and the petition. That means addressing why the wage level is set as it is, why the job requires an advanced degree, and addressing the education situation. If you or your employee or client has a degree in a different field – even if it’s related – or a degree from outside of the US or never completed a bachelor’s degree, you will need to include a credential evaluation that closes the gaps between your education, or your employee or client’s education and H1B educational requirements.

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

How to Prevent a 2nd Round of H1B RFEs with Your First Answer Read More »

Specialty Occupation RFE: How to Prevent the Toughest RFE of Last Season

Credential Evaluation, Immigration, Visa Approvals

This RFE not only serves as a warning for computer programmers at level 1 wages coming up on this next H1B filing season, but also for all beneficiaries in borderline occupations, or in jobs that could be mistaken for borderline occupations. These jobs, like entry level computer programmers, don’t necessarily require a US bachelors degree as a minimum according to the US Department of Labor’s Occupational Outlook Handbook.

To prove specialization, you will need to include a detailed job description and evidence to back up the claim that the job meets CIS specialization requirements. You will need to provide the ad for the job that shows a minimum requirement of a US bachelors degree or higher, and you will need evidence that shows that this position in that industry at similar companies also holds this minimum educational requirement. If the job in question is uniquely specialized as to require an advanced degree where similar positions in the industry do not, you will need to clearly show why this is the case and include an expert opinion letter to back up your claim.

Last year, CIS issued RFEs claiming that because entry level computer programmers are sometimes hired with only a US associate’s degree, the job doesn’t meet CIS specialization requirements. There were two problems here: First, the evidence CIS used to support this claim is a passage in the Occupational Outlook Handbook that states sometimes employers will hire entry level programmers with only an associates, but that same passage also states that this is not the norm, and the position typically requires a minimum of a bachelors degree. Second, just because a job is set at level 1 wages doesn’t mean it’s an entry level position, and that also doesn’t mean the beneficiary isn’t being paid the prevailing wage for that position. There are many factors to be taken into consideration when determining wage levels.

If you or your client or employee is a computer programmer working at level 1 wages, you will need to include an expert opinion letter to prevent an RFE. We have experts on hand 24 hours a day 7 days a week to write the letter you or your client or employee needs to prevent a specialty occupation RFE. For a no charge and no obligation review of your case, or your employee or client’s case, visit ccifree.com.

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Case Study: H1B Visa Approved with NO College

Credential Evaluation, Immigration, Visa Approvals

H1B educational requirements state that to qualify a candidate must hold a US bachelors degree or higher or its equivalent. What if you have, or your employee or client has the specialized skills and expertise necessary to excel that the job, but no college experience?

The trick is in the equivalency. At TheDegreePeople, we write evaluations every year for clients who got their education on-the-job, and through training that took place outside of a degree track.

Here’s how it works:

CIS accepts that three years of progressive work experience is the equivalent of one year of college credit in the field. You will need to document how during this work experience you or your employee or client took on an increasing level of responsibility in their work, and the duties of their work took on an increasingly higher level of complexity and specialization. This works similar to testing – you, or your client or employee clearly engaged in education on the job because they “tested out” by evidence of the nature of their work including skills and knowledge they learned on the job that they hadn’t known or been trusted to apply before.

Only a professor with the authority to grant college credit for work experience can write the evaluation you need, or your employee or client needs to get their H1B visa approved. Don’t wait until the last minute to order this evaluation. You need to know as soon as possible whether or not you have, or your employee or client has the progressive work experience needed to account for the missing degree.

We have professors on hand 24 hours a day 7 days a week to work with you. For a free review of your case, or your employee or client’s case, visit ccifree.com and submit the resume and educational documents, and indicate the occupation. We will get back to you in 48 hours or less with a full analysis and our recommendations.

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Case Study: Preempting the Indian Three-Year Bachelors Degree RFE

Credential Evaluation, Immigration, Visa Approvals

CIS will not accept that Indian three-year bachelors degree as the equivalent of a US four-year bachelors degree. Yes, US graduate programs do. Yes, international trade agreements do. Yes, there are an equivalent if not greater number of credit hours in the Indian three-year bachelors degree as the US four-year degree. None of this matters when it comes to getting your visa, or your employee or client’s visa approved because CIS is hung up on the missing fourth year.

When you file the H1B petition, you need to make sure it includes a credential evaluation that converts years of progressive work experience into college credit to account for the missing fourth year of education. This is the only way we’ve seen beneficiaries with this degree successfully answer and avoid these RFEs. Three years of progressive work experience can be converted into one full year of college credit in that field with a credential evaluation written by a professor with the authority to grant college credit for work experience. In this work, you or your employee or client must have taken on progressively more responsibility with duties of increasing specialization and complexity, indicating that the work experience was educational as well.

Make sure you have, or your employee or client has the right kind of work experience, and enough of it, to account for the missing fourth year of college education. Visit ccifree.com and attach the beneficiary’s resume and educational documents, and indicate the job in question. We will get back to you within 48 hours with a full analysis and our recommendations.

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Don't Get Distracted by the Level 1 Wages RFE!

Credential Evaluation, Immigration

Candidates who received an RFE for Level 1 Wages and answered it perfectly are now getting hit with another round of RFEs.  In fact, this year we’ve seen round two of RFEs bring up some old favorites like the three-year bachelor’s degree RFE, and the occupational specialization RFE, and the mismatched education RFE.

While RFEs are common, they are not desirable because they give CIS an opportunity to closely scrutinize the candidate’s petition and pick up on minute inconsistencies, mistakes, or details that would otherwise fly under the radar.  The silver lining to an RFE is it gives candidates a chance to strengthen their case, but only if it’s done correctly.

At TheDegreePeople.com, when we answer one RFE, we take that opportunity to prevent more by reviewing the candidate’s entire case.  If you or your employee or client has a three-year bachelor’s degree, or a degree with a major that is not an exact match for the H1B job, we can include a credential evaluation that uses progressive work experience to fill in the gaps between the candidate’s education and job.  If you or your employee or client holds a degree or a job that tends to be an RFE magnet, we address the specific issues involved in the initial RFE response along with the expert opinion letter for Level 1 Wages.

Don’t wait for a second RFE to address it.  Have us review the entire case before you file a response to make sure you pre-empt any future hindrances to H1B visa approval.

To have us review your case, or your employee or client’s case at no charge and no obligation, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job

• RFE

We will get back to you in 48 hours or less with a full review of the case, our recommendations, and information on how to move forward.

Don't Get Distracted by the Level 1 Wages RFE! Read More »

CASE STUDY: The Biggest Nightmare RFE Out There

Credential Evaluation, Immigration

You’ve heard of the Nightmare RFE and the Double Employment Issue RFE. Get ready, because this is about to be terrifying:

This RFE season is the harshest we’ve seen yet. Now, CIS is combining these RFEs. Candidates are now having to defend against requests for evidence regarding every facet of their education AND employment issues. The Nightmare on its own is virtually impossible to answer given the time and evidence demanded. Now, it’s even worse. We could call it the Triple RFE, but the best way to approach it is as one, single, consolidated RFE.

Here’s how:

Go back to the basics. The Nightmare RFE cannot be answered by its own guidelines. Instead, at TheDegreePeople.com, we go back to the original H1B requirements and meet them impeccably. This requires a detailed credential evaluation that may include expert opinion letters, work experience conversions, citing federal case law, international education and labor agreements, and CIS precedent decisions to show that your client meets the educational requirements of both the H1B visa, and their job.

At the same time, we need to address the employment issues. These issues have had to do with whether or not the job in question is adequately specialized to meet H1B requirements. The issue arises when the job indicated on the employer’s Labor Conditions Application doesn’t meet the duties of the job indicated on the H1B petition exactly, and when the employer indicates Wage Level 1 for the H1B job. CIS contests that the job doesn’t match, and also that just because a job is at Wage Level 1 it is not specialized to the point of requiring a US Bachelor’s Degree or higher or its foreign equivalent. An expert opinion letter is needed in these cases that explains the situation, alongside documentation clearly spelling out the specialized responsibilities involved in the job. In many cases, employees start at Wage Level 1 because they are fresh out of college without much work experience, and while their job is adequately specialized, it still requires a lot of guidance and supervision.

You don’t have to address all three issues presented in the biggest Nightmare RFE out there with three separate responses. At TheDegreePeople.com, we have been able to successfully answer every one of these horrid RFEs in one fell swoop with a creative approach and an expert opinion letter that addresses both employment issues. If you’re staring down this terrifying RFE, simply go to ccifree.com and let us review your case for free.

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Case Study: RFE for Degree from Unaccredited Institution – OVERTURNED!

Credential Evaluation, Immigration

Plenty of academically competitive institutions of education that are held in high regard by the professional fields their students are trained in, that provide students with high quality education that are simply not government accredited.  Graduates of programs from these schools are prepared to work highly specialized H1B jobs, but CIS will not approve their visas outright because the school their degree is from is not government accredited.

Sometimes, candidates will not know that their school was not government accredited.  Sometimes a credential evaluator will not know that a school is not accredited and not take that into account when writing a credential evaluation.  For these reasons, H1B candidates get education RFEs this time of year.

If you or your employee or client received an H1B RFE for having the right degree from the wrong institution, you may be able to get that RFE overturned.  The question is, does the candidate have the progressive work experience necessary to account for the missing degree?

At TheDegreePeople.com, we work with these kinds of cases regularly.  We recently had a client come to us with an RFE for an unaccredited institution and we were able to get the RFE overturned with a credential evaluation that included a work experience conversion.  It works like this:

CIS accepts that three years of progressive work experience in your client’s field can be converted into one year of college credit with a major in that field in a credential evaluation, so long as a professor with the authority to grant college credit for work experience signs off on this conversion.  Progressive work experience means that throughout the candidate’s time on the job, he or she took on progressively more responsibility, and the nature of the duties of the job became increasingly specialized and complex indicating that education occurred on the job.

If you or your employee or client is in this situation, twelve years of progressive work experience is needed to write the evaluation to get this RFE overturned.

Not sure if you, your client, or your employee qualifies?  Let us review your case for free.  Simply go to ccifree.com and submit the candidate’s accurate, updated resume, and indicate the H1B job.  We will get back to you within 24 hours with a pre-evaluation and full analysis of your situation and all of your options.

Case Study: RFE for Degree from Unaccredited Institution – OVERTURNED! Read More »

How Going Back to the Basics Can Solve Your RFE Woes

Credential Evaluation, Immigration

If you or your employee or client received an RFE on their H1B petition, read it over but don’t get caught up in the wording.  Instead, go back to the basics to find out what CIS is really asking for in requesting the evidence indicated.

The original H1B eligibility requirements are your key to successfully answering an RFE with as little stress as possible.  Find out which requirements were lacking in evidence to prove that the candidate, the job, and the employer meet them.

H1B qualified candidates work specialty occupations, hold the necessarily US degree or foreign equivalent, and have an employer-employee relationship with an employer that is economically viable and paying them prevailing wages and benefits.  Specialty occupation is defined as a job requiring such a high level of skill that the candidate must have a US bachelor’s degree or higher or its foreign equivalent in the exact field of the job to have the skills and knowledge necessary to carry out the duties of the job.

So read over the RFE and find out which of these requirements is in question.  Is CIS cautious about the employer or the employee contract?  Are the wage rates in question?  Is CIS unclear whether the job is specialized to fit H1B guidelines?  If these are where evidence was lacking in the initial petition, you can submit pay stubs, a copy of the employee contract and job description, and tax information about the employer.  If the job is in question, send in the ad for the job that indicates the minimum qualifications.  You may also need to provide evidence that similar jobs in the same industry in similar companies also require a minimum of a US bachelor’s degree or higher to perform its duties.  If this particular job requires a unique level of specialization, be sure to include an expert opinion letter and evidence to back it up as to why this is the case.

Oftentimes, CIS is cautious about a candidate because of the education.  Candidates with degrees from outside of the United States, or degrees with majors that are not an exact fit for their H1B job, and candidates who have not completed college need to work harder to prove to CIS that their education is sufficiently specialized to meet H1B requirements.  Each of these situations requires a credential evaluation tailored to the candidate’s unique education and work experience, as well as their job, H1B educational requirements, and CIS approval trends.

At TheDegreePeople.com, we always keep one eye on the education and the other on CIS.  If you have any questions, please call or email any time and we will respond promptly.  Simply go to ccifree.com/, or call 800-771-4723.

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H1B Case Study: How to Overturn an RFE for Generalized Degree

Credential Evaluation, Immigration, Visa Approvals


What if you or your employee or client has a US bachelor’s degree in liberal arts? The answer is CIS would issue an RFE because this generalized degree does not show that the candidate has specialized skills and knowledge. For this reason, candidates with generalized degrees often run into trouble come RFE season.

When a client comes to us with this kind of situation, we take a look at the content of his or her education. We look at the course content and identify specific courses taken in the field of their H1B job. We then look at their work experience in the field of their H1B job. Three years of progressive work experience in the field can be equated to one year of college credit towards a US bachelor’s degree in that major. We then write an evaluation taking specific courses and work experience into account and write a very detailed and evidence-fortified evaluation that clearly shows the candidate has the equivalent of a US bachelor’s degree in the field of the H1B job. Through this extra step, CIS can clearly see that the candidate possesses the specialized skills and understanding required to be successful at the H1B job, and eligible for H1B visa status.

If you or your employee or client has received an RFE for a generalized degree, talk to a credential evaluator with experience working with H1B RFEs. Be sure to get a consultation before you order an evaluation to make sure that the candidate has the coursework and work experience necessary to write the evaluation you need to overturn that 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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