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Back to the Basics: How to Answer a Difficult H1B RFE

Credential Evaluation, Immigration, Visa Approvals

Ten years ago, receiving an H1B RFE was a relatively rare occurrence. Today, H1B applicants have about a one in three chance of getting an RFE instead of an approval.

What does this mean for FY 2019 H1B beneficiaries? There is a strong chance the petition will receive an RFE. This does not mean the end of the case, it’s a chance to fortify the case for approval. If you, or your employee or client receives an H1B RFE – even if it’s a double employment issue RFE or the Nightmare RFE that is virtually impossible to answer by its own instructions – the first step is to read it through carefully. Then, put it down and go back to the basics.

Go back to the original H1B eligibility requirements and identify which one is lacking in supporting evidence.

For a job to qualify for H1B eligibility, it must be a specialty occupation. That means as a minimum for entry into the position, the candidate must have a US bachelor’s degree or higher or its equivalent. CIS requires the degree be in the exact field of the H1B job, even if an employer will hire a candidate with a degree in a related field. That means if the job and the degree are not an exact match, evidence must be provided in the petition to fill in the gap. If this job in question does not typically require an advanced degree but this position is uniquely specialized, evidence clearly explaining why accompanied by an expert opinion letter to back it up is required to answer RFEs pertaining to this issue.

The H1B beneficiary must be earning the prevailing wage for the job as is consistent with that position, in that industry, in companies of that size, in that geographic location. If this is the issue, you will need to provide documentation of the employee’s wages and the factors that went into determining the wage level accompanied by an expert opinion letter to support why the wage level is set as it is.

If the RFE inquires into both of these issues, you do not need two separate expert opinion letters. At TheDegreePeople.com, we work with experts in all industries who can cover both concerns with one letter, which means you only have to order one.

For a beneficiary to meet H1B eligibility requirements, they must hold the necessary degree in the necessary field. This gets tricky when candidates need to meet the degree requirement through means of equivalency. H1B requirements state the candidate must hold the US bachelors degree or higher or its equivalent. Candidates with education from outside of the United States, incomplete education, no formal college education, or the right degree in the wrong specialization need to submit a detailed credential evaluation along with the RFE response. This evaluation must be written with consideration of the job and the specific requirements of the H1B visa. Often, a candidate’s work experience must be added to the degree to meet specialization requirements, or to account for missing years – because of incomplete college or from a 3-year degree to account for the missing fourth year.

At TheDegreePeople, we understand that every pathway through education is different, and therefore never write a cookie cutter evaluation. We take the individual, the job, and the visa requirements into consideration along with CIS approval trends. Every year, we work with difficult RFEs and every year we answer them successfully.

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

Back to the Basics: How to Answer a Difficult H1B RFE Read More »

H1B Specialty Occupation RFEs: How to Prove Specialization

Credential Evaluation, Immigration, Visa Approvals

A common RFE we see every year is the Specialty Occupation RFE. Last year, we saw an unprecedented number of RFEs that brought up this issue pertaining to computer programmers making level 1 wages, but this issue can affect any H1B job.

To qualify for H1B status, a job must require a minimum of a US bachelor’s degree or its equivalent to gain entry into the occupation. When determining whether a job meets this requirement, CIS references the US Department of Labor’s Occupational Outlook Handbook to see what the general industry requirements are for the job at that wage level.

There are several problems that may arise to trigger a specialty occupation RFE here:

  1. While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree.
  2. Some employers will hire employees for this position without a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement.
  3. The wage level set for this particular job is misleading. This was the case with computer programmers making level 1 wages that set off the string of RFEs last season. Just because a job is set at level 1 wages doesn’t mean it’s an entry level position – there are many factors that go into determining wage levels.

If you, or your employee or client receives a Specialty Occupation RFE, make sure to thoroughly read the passage from the Occupational Outlook Handbook about your client’s job to see if the discrepancy that triggered the RFE is in the text. Then, you will need to provide evidence that this job requires an advanced degree. Evidence includes the ad for the job and ads for the same job in similar companies with in the industry that shows the degree requirements. You can also include evidence that the employer in question has a consistent history of hiring employees to this position with this advanced degree as a minimum requirement.

In addition to this evidence, you will also need an expert opinion letter that backs up the evidence provided. At TheDegreePeople, we work with experts who have the highest rate of success in answering Specialty Occupation RFEs. For a free review of your case, visit ccifree.com We have experts on hand to help you 24/7.

H1B Specialty Occupation RFEs: How to Prove Specialization Read More »

H-1B Support: Refuting the Specialty Occupation RFE

Credential Evaluation, Immigration, Visa Approvals

Filing season for the H-1B cap has come and passed. That means this season’s first round of RFEs is on its way.

Last year, we saw a spike in Specialty Occupation RFEs that questioned whether a job qualified for H-1B eligibility. For a job to meet H-1B specialization requirements, it must fit the definition of specialty occupation according to USCIS statutes. Here is where it gets murky:

There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute.

INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty.

Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.”

In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:

  1. The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
  2. This minimum degree requirement is normal for this job in similar organizations in the industry.
  3. The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
  4. The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.

If the job meets one of these four requirements – and the beneficiary meets the educational and experiential requirements as well – the job meets H-1B eligibility requirements. However, you will need evidence to back up that the specialization of the job in question is consistent with industry standards or employer hiring practices. This requires a detailed employer support letter, but CIS will NOT just take the employer’s word for it. Your RFE response must also include an expert opinion letter to back up that the job does meet H-1B specialization requirements.

At TheDegreePeople.com we have experts on hand 24/7 to review your case and write the letter you need, or your employee or client needs to get that RFE overturned. Every year, we work with difficult H-1B RFE cases and we get them overturned virtually every time. For a no charge and no obligation review of your case, visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and expert consultation on how to best proceed.

H-1B Support: Refuting the Specialty Occupation RFE Read More »

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart

Credential Evaluation, Immigration, Visa Approvals

That means, if you, or your employee or client filed on time and made the H-1B lottery, there’s a high chance your work is far from over.

Two jobs in particular attract a disproportionate amount of RFEs: Computer Systems Analysis, and Computer Programmers at Level 1 Wages. If you hold, or if your employee or client holds one of these jobs, it’s important to know what you’re up against. If you didn’t take steps to preempt RFEs that are commonly linked with these jobs, don’t panic. An RFE is not the end of the world, and there are steps you can take to rectify the situation.

First, let’s take a look at Computer Systems Analysis. The reason this job is so problematic is because CIS requires H-1B beneficiaries to hold a degree specialization that matches the job title. Computer Systems Analysis is a VERY rare degree. In fact, this degree is only available at US colleges that offer self-designed majors. India has a Computer Systems Analysis bachelors degree. However, since the Indian BCA is a three-year program this degree too will trigger an RFE if the petition doesn’t include a credential evaluation that converts three years of progressive work experience into that missing fourth year of college credit. A US masters of Computer Systems Analysis is the only degree we have not seen trigger an RFE for this job.

If your job, or your employee or client’s H-1B job is Computer Systems Analysis and they don’t hold a US masters of Computer Systems Analysis, there is a high RFE risk. Beneficiaries with an Indian BCA in Computer Systems Analysis need to include a credential evaluation with their petition as discussed above. Beneficiaries with education in a related field need to submit a credential evaluation as well that emphasizes course credits in the field of Computer Systems Analysis and converts years of progressive work experience in that field into years of college credit towards earning that specialization equivalency. If you included the right credential evaluation with the petition last week, you took effective steps to prevent this RFE. If you did not, you can still submit this credential evaluation with the RFE response.

Next, let’s take a look at the Level 1 Wages RFE that disproportionately affected computer programmers making Level 1 Wages. H-1B status is for jobs that require a minimum of a US bachelors degree or its equivalent, and for candidates who meet this degree requirement. CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine whether or not a job meets H-1B eligibility requirements. Entry level computer programmer is a borderline occupation, meaning that according to the handbook, employers sometimes hire entry level programmers with only a US associates degree, making this job ineligible for H-1B consideration.

There were two main problems with this reasoning: The first is that just because a job is set at level 1 wages doesn’t mean it’s an entry level position. Determining wage levels is a complex process that takes many factors into consideration, including how much supervision, guidance, and training a worker will need. Since many H-1B beneficiaries are just coming out of college and into the workforce, even though they have the right education, they may not have the on-the-job experience necessary to work without a high level of supervision at first. This factors into the decision to set non-entry level jobs at level 1 wages.

The second problem with CIS’ reasoning for this RFE is that in the same passage of the Occupational Outlook Handbook, the US Department of Labor states that employers will usually require a minimum of a US bachelors degree for the position of entry level computer programmer, indicating that it does meet CIS requirements for specialization.

If you hold, or your employee or client holds this position at level 1 wages, they are at a high risk of RFE. In this situation, you need to include an expert opinion letter along with documentation that this job is specialized to meet CIS requirements for H-1B status.

At TheDegreePeople, we have experts and evaluators on hand to help you. We are RFE experts and work with difficult cases and RFEs every year, and we get them overturned. For a free consultation, visit ccifree.com.

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart Read More »

Is H1B the Right Filing for You? Find out NOW

Credential Evaluation, Immigration, Visa Approvals

April 1st is coming up fast, and it’s time to organize those H1B petitions. Before you begin the filing process, it’s important to know for certain that the candidate and the job meet H1B eligibility requirements.

H1B requirements state that the job must require a minimum of a US bachelors degree or higher or its equivalent to perform, and the candidate must meet this educational standard in the field of the H1B job. That means you or your client or employee needs a US bachelors degree or higher or its equivalent in the correct field. Candidates with education from outside of the US, incomplete education, or complete education with a major in a field that doesn’t exactly match their H1B job get RFEs without taking precautionary measures in the initial petition. Last year, we saw a spike in occupational RFEs where computer programmers at level 1 wages were targeted for lacking in specialization.

This year, before you file, make sure that the requirements are met, and that you have the additional documentation and evidence needed to prevent any RFEs you or your employee or client may be susceptible to given their circumstance.

There are two factors to take into consideration when determining H1B eligibility:

1. The Occupation

Does the beneficiary’s occupation meet H1B requirements? To qualify, it must require a minimum of a US bachelors degree or higher or its equivalent to carry out the complex duties of the job. To prove this, you will need to clearly show that this educational requirement is the standard for the industry, meaning that similar jobs in the industry at similar companies also have this minimum educational requirement. If this job is uniquely complex, you will have to clearly show how its duties require an unusual level of specialization. If you or your employee or client is a computer programmer at level 1 wages, you will need to include an expert opinion letter that explains how wage levels work in this instance – that level 1 wages does not mean the job is an entry-level position – and a detailed description of the job’s duties showing that a minimum of a US bachelors degree or its equivalent is needed.

2. The Education

The beneficiary needs to have a US bachelors degree or higher or its equivalent in the exact field of the H1B job to get approved without an RFE. If you or your employee or client has a degree from outside of the US, a degree with a major that doesn’t match the job exactly, a generalized degree, or no completed degree, you will need to submit a credential evaluation along with the petition that fills in the missing gaps. This evaluation must be tailored to the beneficiary’s unique situation that takes their pathway through education, the job, and the visa requirements into consideration alongside CIS approval trends, graduate program and university admissions precedents, international trade agreements regarding educational portability, international education, and a whole host of other factors. If you talk to an agency and they don’t ask about the job or visa, look elsewhere, because without this information the right evaluation cannot be written.

However, before you go through the process of ordering the evaluation and organizing the petition, you need to make sure you have, or your employee or client has the progressive work experience, external training, and academic course content to meet CIS educational requirements. For a free review of your case, visit ccifree.com and submit the educational documents and resume, and indicate the job in question. We will get back to you in 48 hours or less with a full analysis, whether or not the beneficiary can meet CIS educational requirements, and if so what is needed to be done to meet these requirements clearly.

Is H1B the Right Filing for You? Find out NOW Read More »

What H1B Job Title is an RFE Magnet?

Credential Evaluation, Immigration, Visa Approvals


US Bachelor’s degrees in Computer Systems Analysis is only available at universities with self-designed degrees. In India, there is a BCA in Computer Systems Analysis, but this degree triggers an RFE because it is a three-year Bachelor’s degree. The only degree we have seen not trigger an RFE for this job is a US Masters of Computer Systems Analysis. Again, this is also a relatively rare degree.

So what’s the problem?

Until about seven years ago, CIS approved the H1B visas of candidates with US Bachelor’s degrees in fields related to their H1B job without question. Now, the degree must be an EXACT match for the job title. With such an unusual degree, it is hard for anyone with a job in Computer Systems Analysis to have a US Bachelor’s degree that is an exact match.

If your or your employee or client’s H1B job is Computer Systems Analysis, chances are you will need a credential evaluation to preempt or to answer an RFE. If you or your employee or client has an Indian BCA in Computer Systems Analysis, a professor authorized to issue college credit for work experience can write a work experience conversion that turns three years of progressive work experience in the field of Computer Systems Analysis into one year of college credit to account for the missing fourth year. If you or your employee or client has a degree in a related field, a work experience conversion of this kind, along with a close examination of the coursework involved in the degree to emphasize classwork in Computer Systems Analysis is needed.

Unless you or your employee or client has a US Masters of Computer Systems Analysis, don’t chance it. An RFE is not the end of the world, but it makes visa approval a whole lot harder, more expensive, more time-consuming, and more stressful.

Before you file or answer an RFE, let us provide a pre-evaluation with all of your options for free. Simply go to ccifree.com and submit all educational documents, a current, accurate resume, and indicate the job title or desired equivalency. We will get back to you within 24 hours with your pre-evaluation, a full analysis, and all of your options.

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.]]>

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H1B Mystery Solved. The Job with Mismatched Education

Credential Evaluation, Immigration, Visa Approvals


This is the most common H1B qualified job with little, if any, exact matching education. Therefore, this is the #1 job offer that gets RFEs. No job title has as bad a track record with CIS.

At TheDegreePeople.com, we work with H1B cases and their RFEs on a regular basis. We have overturned virtually every education RFE for Computer Systems Analysis that has come to us. While the education on its own in invariably turned down by CIS, we can change the major to one that CIS accepts by adding work experience.

Since there are few, if any, actual degrees that match the job Computer Systems Analysis close enough to avoid an RFE, the evaluation needed must take a different approach. We have rarely seen a Bachelor’s degree program that offers a specialization in Computer Systems Analysis, and for the ones that do, it tends to be a self-designed major.

Computer Systems Analysis may be the most common mismatch, but it’s not the only one. If you or your employee or client has a degree that does not match the H1B job, simply go to ccifree.com and submit a current, accurate resume and educational documents, and let us know the candidate’s job. We will get back to you within 24 hours with a pre-evaluation and full analysis of your situation and your evaluation options.

CIS accepts that three years of progressive work experience in the candidate’s field of employ is the equivalent of one year of college credit towards a US Bachelor’s degree in that major, but only when signed off on by a professor who is authorized to issue college credit for work experience. Throughout this work, the candidate must have taken on progressively more responsibility and specialized skills and expertise on the job, proving that specialized education occurred o the job. This is naturally occurring in virtually any job. If you or your employee or client has years of progressive work experience in the field of Computer Systems Analysis, or whatever job title is offered, a credential evaluation that converts work experience into college credit to combine with the education the candidate already has will fill in the gap between the degree and the job offer.

This conversion must be written by a college or university professor with the authority to grant college credit for work experience. At TheDegreePeople.com, we ALWAYS have professors who can do this on hand for these kinds of situation.

If you or your employee or client has a degree that does not match the H1B job, simply go to ccifree.com and submit a current, accurate resume and educational documents, and let us know your client’s job. We will get back to you within 24 hours with a pre-evaluation and full analysis of your situation and your evaluation 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.

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Your H1B Last Minute Filing Tips

Credential Evaluation, Immigration, Visa Approvals

st if possible because in the past few years CIS has been flooded with petitions and closed its doors in five days. Don’t let the time crunch cause you to file a disorganized or incomplete petition. There’s no point in making the FY2018 lottery if your petition, or your employee or client’s petition is just going to get an RFE or Denial. Here’s what you can do to make the most of the next few weeks:

  1. Double-check all documents for consistency.
Make sure the dates, locations, and spellings are consistent on all documents included in your client’s petition. If there are errors or inconsistencies, CIS will be skeptical of the validity of the education and employment history, and H1B eligibility. Just a simple double-check will significantly reduce the likelihood of an RFE.
  1. Make sure everything you need is included and in order.
The petition must CLEARLY SHOW that the job is a specialty occupation, and that the candidate has the proper education needed for their H1B job, and H1B visa status. That means the job must require a US bachelor’s degree or higher or its foreign equivalent, and you or your employee or client must meet these education requirements. That means you need the ad or employee contract for the job showing the minimum education requirements, as well as documentation that similar jobs for the same industry also hold these specialized education requirements. If this job is uniquely specialized, include an expert opinion letter explaining why this is the case. If you or your employee or client has a degree from outside of the United States, no degree, or a degree in a field that doesn’t EXACTLY match their job, you will need to include an evaluation of the candidate’s credentials and work experience. This evaluation must clearly show that you or your employee or client has the educational equivalence of the required degree. When you file, make sure all of this is in order and readable.
  1. Let us review the candidate’s education and work experience to make sure they qualify. There is no charge.
Before you file, 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 send us the candidate’s full name and the title of the job, and attach copies of all of the education documents and a current, accurate resume. We will get back to you within 24 hours with a pre-evaluation and all of your options. Taking this extra step before you file will save you a ton of grief in the long run. If the candidate’s education will not stand up to CIS requirements, you need to know NOW. We work regularly with H1B cases and H1B RFE cases. Let us review the candidate’s education and work experience to make sure you have everything you need included in the petition for CIS to approve it. Sometimes, you or your employee or client WILL need a credential evaluation to fill in the gaps of the education. Work experience conversions to college credit are common with this visa, particularly for candidates with three-year Indian bachelor’s degrees. At TheDegreePeople, we have found that those who file petitions WITH a credential evaluation have had far fewer RFEs for specialty occupation issues than those who filed without one. There is no point in filing a petition CIS will not approve. Best-case scenario, you will have to deal with an RFE in the near future. No matter how crunched you are feeling for time, do NOT forgo this essential third tip. Fortunately, agencies that specialize in evaluations for visas understand the needs of their clients and anticipate your needs at the very last minute. At TheDegreePeople, we offer 3-hour rush delivery service when needed. Before you file, let us provide a pre-evaluation with all of your options to help prevent or overturn an educational 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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Your H1B Job and Education: Tips for Proving Specialization

Credential Evaluation, Immigration, Visa Approvals

Specialization, H1B visa status is for foreign workers with advanced degrees working specialty occupations. These jobs require a US bachelor’s degree or higher or its foreign equivalent as a minimum requirement. Additionally, CIS requires the degree to be in the exact specialization of the job, as has been proven by recurrent CIS approval trends over the past five plus years.

If you or your employee or client is applying for H1B visa status, you have two jobs:

  1. Clearly show that the job is a specialty occupation.
  2. Clearly show that the candidate has the specialized skills and knowledge necessary to perform the duties of this occupation.

You can do this by providing evidence and documentation about the nature of the beneficiary’s job and education.

Proving Occupational Specialization

To do this, you must clearly show that the job requires the minimum H1B educational requirements to perform. In the petition, include the ad for the job showing with the minimum requirements are. Also include ads for similar jobs in the same industry to show that this level of specialization is standard for this specific occupation, and not just tailored to meet the needs of you or your employee or client’s visa.

If the job does require unique specialization that similar jobs for similar companies do not, include an expert opinion letter about why this is the case. Industry experts, a detailed explanation from the employer, and other reputable professionals are necessary to prove that the job meets H1B specialization requirements.

Proving Educational Specialization

Once you have clearly shown that the job is a specialty occupation, now you must show that you or your employee or client meets the educational requirements for the job, H1B requirements, and CIS approval trends.

To do this, you or your employee or client must hold a US bachelor’s degree or higher or its foreign equivalent in the exact field of the specialty occupation. That means if the job is in Computer Systems Analysis, the degree must be in Computer Systems Analysis. If the job is in Chemistry, the degree must be in Chemistry.

If you or your employee or client holds a degree in a related field, this will not work for CIS. What also won’t work for CIS is having a degree from outside of the US. Both of these situations require an extra step when organizing the petition: credential evaluation.

Take the beneficiary’s education and work experience to a foreign credential evaluator with experience working with H1B visas and their RFEs. These evaluators know what CIS is looking for and what tends to trigger an RFE. They understand what CIS needs to evidence equivalency, and these needs change. For example, if you or your employee or client has a three-year bachelor’s degree from India, CIS will not accept that this is the equivalency of a US four-year bachelor’s degree even if it has the same or greater number of college credit hours. CIS needs a work experience conversion, wherein three years of progressive work experience in the field can be converted to one year of college credit in the field by a professor with the authority to do this. Many credential evaluation agencies work with professors with this authority for this very reason. This conversion can also be used to write an equivalency to the degree in the correct field to prove that you have, or your employee or client has the specialized skills and knowledge necessary for the specific H1B job.

If you or your employee or client has a degree from outside of the United States, or a degree in the wrong specialization, do NOT submit the petition without a credential evaluation. Without one, you have not proven specialization, which is the key aspect of this 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

 

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Job Description and the Degree Requirement: Is Your Candidate H-1B Qualified?

Credential Evaluation, Immigration, Visa Approvals


st. If the past several years are any indication of what is to come, you will only have a five-day window to get your client or employee’s petition in the H-1B lottery.

Before you even get started, there are two very important questions about whether or not the job and the employee are H-1B qualified you and your client or employee should be asking:

  1. Is the job itself a specialty occupation?
  2. Is my employee or client educationally qualified for this specialty occupation?

To qualify for H-1B visa status, the job must require a US bachelor’s degree or its equivalent or higher to show that the position requires the employee to possess specialized skills and knowledge to carry out successfully. Mid-sized companies in particular are asked to justify why someone with a bachelor’s degree or higher is required for the job, and you need to show this through evidence and documentation. For example, the ad for the job can be used as proof if it indicates that as a minimum qualification the employee must have a bachelor’s degree or higher. You can also show that similar jobs for similar companies also have these specialized requirements. However, if the job requires a generalized degree – even if it is a bachelor’s degree – you may run into problems because a generalized degree does not indicate that specialized knowledge and skills are required. This is where alternative forms of evidence, like expert opinion letters and examples of similar jobs for similar companies come in particular handy. It is on you to prove that you require a highly skilled employee with a specialized knowledge base to successfully carry out the duties of an H-1B job.

Say you’ve established that your company absolutely needs an employee with a bachelor’s degree or higher and a specialized knowledge base and skill set to carry out the duties of this H-1B position. NOW you need to show that your H-1B candidate is that employee with the required education and specialized knowledge base and skill set. How do you do this? If your candidate has a bachelor’s degree or higher from a US college or university with a major that is an exact fit for their field of employ, it is straightforward. If your candidate has a degree from a different country or with a major in a different field – even if it’s in a related field – from their field of employ, you will need to take one more step to meet this H-1B requirement.

CIS does not accept a three-year degree as the equivalent of a US four-year degree at face value. However, when evaluated for academic course content, an evaluation agency with the authority to convert classroom contact hours into college credit can use this technique to take a close look at your client or employee’s degree and bridge the missing year. An evaluator with the authority to convert years of work experience into college credit can follow the 3-1 rule and convert three years of progressive work experience in the field into one year of college credit. Both of these careful evaluation methods can also be utilized to show specialization in the candidate’s field of employ if they have worked in the field or taken enough classes throughout their college career in that field.

Don’t wait until it’s too late to get started on your employee or client’s H-1B petition. This is US immigration, which means it’s a bundle of details and documentation that often takes time and energy to get in order. If your client or employee needs a credential evaluation to show that they meet CIS educational requirements, start looking for the right credential evaluation agency to meet your needs. The right agency should be able to right an evaluation as unique as your client’s education, and they should have a firm understanding of CIS trends and the different academic requirements for different visas.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of CCI, 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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