h1b qualifications

Is H1B the Right Filing for You? Find out NOW

st 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.]]>

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.
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.    ]]>

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