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What You Need to Know About Changes to H1B Visa Adjudication

Credential Evaluation, Immigration, Visa Approvals

What does this mean? In practice, it actually means very little has changed. While denials are much more difficult to overturn than RFEs, it should not change the fact that applicants must file the initial petition in completion, with all additional evidence and documentation included, preemptive of any RFEs the case is likely to trigger.

Getting it right the first time has always been key to a successful H1B season. Another change to come this April 2019 is that H1B applicants must file electronically at the normal time to be included in the lottery, but no paperwork is required to be filed UNLESS the petitioner is selected for the lottery.

However, if you, or if your employee or client is planning to petition for H1B status for FY 2020 you need to be ready to file an impeccable petition the first time because it is unlikely you will get a second chance. That means being aware of any potential RFE triggers inherent to your case, or your employee or client’s case.

To prevent a denial, it is important to include a credential evaluation in the initial petition to fill in any gaps between your education, or your employee or client’s education and the exact US degree needed for the job. This may include a work experience conversion to account for missing years of college.

To prevent a wage issue or specialty occupation issue – two interrelated issues which have been very prevalent in the past two H1B seasons – include an expert opinion letter in the initial petition that thoroughly explains how the job in question meets H1B specialty occupation requirements, and that the wage level is appropriate.

At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical.

Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com and we will get back to you in 48 hours or less.

What You Need to Know About Changes to H1B Visa Adjudication Read More »

H1B Changes in Adjudication Means Getting the Initial Filing Correct

Credential Evaluation, Immigration, Visa Approvals

If you, or if your client or employee is planning to file for H1-B status for FY2020, the process has changed.  This coming season, you will still file the first week of April as always.  The good news is no paperwork must be submitted until AFTER your employee or client is selected in the H-1B lottery.

The troubling news is that CIS will now be denying petitions outright without issuing RFEs. Denials are much more difficult to overturn than RFEs.  This change has lawyers talking about submitting the specialty occupation expert opinion letter right away with the rest of the paperwork to avoid an RFE that won’t come anymore.

While every year at TheDegreePeople we urge H1-B hopefuls and their teams that the best answer to an RFE is to avoid it in the first place.  This coming season it’s more important than ever to identify where your employee or client’s case is likely to run into trouble and include any additional evidence and documentation in the initial petition.

The past two years, the rate of specialty occupation RFEs has made a sharp rise.  If you hold, or if your employee or client holds a job that does not require a US Bachelor’s degree or its equivalent or higher in all cases as an industry standard, you need to include an expert opinion letter that clearly shows why the job in question meets H1-B standards for what qualifies as a specialty occupation. 

Don’t take any chances this year.  If you are selected, or if your employee or client is selected in the H-1B lottery, you need to include any credential evaluations, supporting evidence, and expert opinion letters needed in the first paperwork filing because you will not get a second chance anymore.  At TheDegreePeople we have experts on hand 24/7 to write the letter you need, or your employee or client needs to get that H1-B petition approved.  We work with difficult RFEs every year and we know what tends to trigger an RFE and how to prevent them. 

Don’t file without a specialty occupation letter.  Visit ccifree.com for a free consultation on your case, or your employee or client’s case.  We will get back to you in 48 hours or less.

H1B Changes in Adjudication Means Getting the Initial Filing Correct Read More »

Round 2: What to do if the 2nd RFE Arrives After Resolving the First RFE

Credential Evaluation, Immigration, Visa Approvals

If the petition process and first round of H1B RFEs aren’t stressful enough here comes round two of RFEs. 

When CIS finds something wrong with a petition, it opens the floodgates to finding more details out of place that would have otherwise gone unnoticed.  The best way to prevent round two of RFEs is to prevent round one by identifying the common RFE triggers inherent to the situation in your case and plan accordingly, but this doesn’t always work.

If you or your employee or client is facing down RFE round two, don’t panic.  The petition has not been denied, CIS just needs more information to make a decision.

The trick with any RFE is not to get caught up in the wording or individual demands, but rather to go back to the basics and see where evidence and analysis is lacking. 

To qualify for H1B status, the job must be a specialty occupation, which means as an industry standard or a standard hiring practice a minimum of a US bachelor’s degree or higher in the specialization is required for entry into the occupation.  The beneficiary must hold a US bachelor’s degree or higher or its acceptable equivalency in the exact field of the specialty occupation.  The employer must be economically viable and pay the beneficiary the prevailing wages and benefits for the specialty occupation, and there must be an employer-employee relationship in which the employer can hire, fire, promote, supervise and otherwise control the work the beneficiary does.

Read the RFE and identify which of these requirements CIS is having trouble adjudicating.  Is it the job?  Is it the education?  Is it the working conditions? 

At TheDegreePeople we work with difficult RFEs every year and we know how to identify where cases are lacking in evidence and analysis, and which common RFE traps beneficiaries fall into as CIS approval trends change from year to year.  Let us review your case for free before you answer that second round of RFEs.  Visit ccifree.com and we will get back to you in 48 hours or less.

Round 2: What to do if the 2nd RFE Arrives After Resolving the First RFE Read More »

Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE

Credential Evaluation, Immigration, Visa Approvals

This past July, USCIS announced a policy memorandum that took effect September 11th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE.

Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that the case would be approved.  Now, adjudicators have broader discretion to flat out deny petitions.

CIS says that the purpose of this memorandum is to deter “placeholder” petitions, which are incomplete petitions with vague answers that are later clarified in RFE responses.  Adjudicators can now deny these cases flat out.  Some examples include petitions submitted without supporting evidence or severely lacking in supporting evidence, petitions submitted with questions left unanswered, and petitions that require additional official documents or evidence but are submitted without them.

While this amendment sounds alarming, in theory it really doesn’t change much for petitioners.  From what we can tell at TheDegreePeople, reports of issue have been exaggerated.  It has always been generally advised for petitioners of all visas to submit complete petitions, on time, with all supporting evidence and documentation included.  In this sense, nothing has actually changed when it comes to optimizing your chances of visa approval.

However, laws on the books are different from laws in action.  To see the full scope of how this new memorandum will change visa approval, we will have to wait and see how it all plays out with USCIS.  In the meantime, it’s now more important than ever that you get the petition right the first time.  That means identifying where CIS is likely to have questions about your case and providing any additional evidence they will need before they have to ask for it.

At TheDegreePeople, we have been working with RFEs for years and follow CIS approval trends.  The best way to answer an RFE now, as it has always been, is to prevent it in the first place.  Visit TheDegreePeople.com to chat with us about your case.

Have you encountered issues with this new memorandum?  We want to hear about it!  Comment here to post your opinions and experiences regarding this matter.

Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE Read More »

Prevailing Wage: How to Address the H1B Wage Level Issue RFE

Credential Evaluation, Immigration, Visa Approvals

To meet H1B requirements, the employer must pay the H1B employee the prevailing wage for the position in that industry for companies of that size in that geographical location. Last year, we saw jobs with Level 1 Wages targeted both questioning the wage level and whether the job meets H1B specialization requirements.

But what if the prevailing wage level for the specialty occupation in question is level one?

First, regardless of the job in question, you have to be very familiar with the position’s entry in the US Department of Labor’s Occupational Outlook Handbook. If the job is set at wage level one, it is likely CIS will assume it’s an entry level position. Some entry level positions do not require the advanced degree that H1B status demands – a US bachelors degree or higher or its equivalent.

If the entry level position requires anything lower than a US bachelor’s degree as a minimum qualification – even if the job itself isn’t entry-level – you will run into trouble.

To address this wage level issue, you will need to include a detailed breakdown of the position’s duties and responsibilities. Include the ad for the job and past hiring practices that clearly show the minimum requirement of a US bachelors degree for entry into the position. You should also include a detailed analysis of all of the factors that went into determining the wage level for the job and tie it all together with an expert opinion letter to fortify your case.

This is just one of many wage level issue RFEs coming in this year. CIS may take issue with the job at any wage level. The important thing to remember about wage level RFEs is that they are inextricably linked with specialty occupation issues, so it’s best to address both issues with the same response. In your expert opinion letter, both topics should be covered.

To meet H1B requirements for specialty occupation, the job must require a minimum of a US bachelor’s degree or higher or its equivalent for entry into the position. If this is a requirement for the specific job in question but not as an industry standard as indicated in the Occupational Outlook Handbook, you will need to provide a detailed job description that clearly shows the duties and responsibilities of the job require a specialized knowledge base and skill set. You will also need to document past hiring practices to show this position always requires an advanced degree for this particular business. If the Occupational Outlook Handbook states that sometimes employers will hire for this position with lower minimum educational requirements, provide ads for the same position in similar companies in the industry to show that the lower minimum educational requirement is the exception, not the rule. Regardless of your situation, the expert opinion letter must be included for analysis and fortification of your case.

At TheDegreePeople.com we have experts on hand 24/7 in all industries and areas of expertise to write the opinion letter you need, or your employee or client needs to get that H1B visa approved. For a free consultation visit ccifree.com/?CodeLWA/. We will get back to you in 48 hours or less.

Prevailing Wage: How to Address the H1B Wage Level Issue RFE Read More »

6 Tips to Choose an Evaluator or Expert

Credential Evaluation, Immigration, Visa Approvals

Choosing what evaluator or expert to work with can be daunting because writing evaluations for specific visa issues is a very specialized and detailed undertaking, and finding a credible expert is essential to the opinion letter carrying legitimacy in the eyes of CIS. When deciding on who to work with, here are 5 essential things to keep in mind:

1. Talk to the head of the agency.

Before you work with an evaluator or expert, make sure to talk directly with the head of the agency. This way, you can have your questions answered directly by the highest authority and any agreements you come to or expectations provided will be final. The second reason is that the head of the agency you want to work with should be available and willing to speak directly with customers. If this is not the case, you don’t want to work with them.

2. Ask the right questions and listen carefully to how they answer your questions.

Whether you’re talking to the director or to the expert or evaluator you will be working with, listen to their answers and notice how you feel when you talk to them. If you feel uncomfortable, there is probably a reason. Are they actually answering your questions to your satisfaction or are they talking AROUND answers. When you listen closely, you can easily make out who has depth of knowledge, both about their field of expertise and about working with visa and RFE cases. Do they ask about the job? Do they ask about the visa? If the answer to either of those questions is anything but yes, look elsewhere.

3. How long have they been in business?

The agency you want to work with has in depth experience working with visa cases and their RFEs. If they’ve been in business for less than ten years, you need to find out who the evaluator or expert was work for before to get a sense of their depth of knowledge.

4. Are their prices reasonable?

If they are charging too much, then look elsewhere. In this field, you don’t “get what you pay for.” The agency you want to work with makes it easy for you to work with them, and part of that is offering reasonable prices for quality service. On the other hand, if an agency is undercutting reasonably priced agencies, that’s also a red flag. It means they are likely cutting the corners you need to for H1B visa approval.

5. Is the agency a member of an organization with standards of excellence?

In the United States, there is no governmental oversight or set standards of excellence for credential evaluation. That means it’s up to the agencies themselves to hold themselves accountable to quality service. However, if an agency is a member of a professional organization that holds its members accountable like the International Center for Academic Excellence, you can be sure that the agency you’re working with does not oversight. Find out what professional organizations the agency belongs to and take a look at the organization’s requirements for membership and how the organization itself ensures its own accountability through the US Department of Education, the Better Business Bureau, or UNESCO. This sounds like a lot of work, but it’s only connecting just a few dots, and a little bit of research goes a long way and saves you from another RFE inquiring about the legitimacy of your evaluator or expert.

6. Ask questions specific to your case.

If your case is regarding an education situation, ask about their past experience working with the particular situation. If your case is regarding specialty occupation or wage level issues, ask specifically about how they have been able to handle those situations in the past. If you are facing issues regarding site visits, for example, ask, “Have you been able to handle site visits?” Again, listen carefully to their answer. If they throw out a generic answer, or an answer that doesn’t relate to the issue you asked about, look elsewhere.

At TheDegreePeople we have experts in all fields and credential evaluators on staff with an in-depth understanding of H1B visa requirements, international education, and undergraduate and graduate admissions in the United States. To work with our experts and expert evaluators visit ccifree.com/ for a free consultation to get started.

6 Tips to Choose an Evaluator or Expert Read More »

Wage Level and Specialty Occupation RFEs: Who Dropped the Ball?

Credential Evaluation, Immigration, Visa Approvals

Sometimes it’s the employer’s fault.If the job indicated by the employer on the LCA does not match the position on the H1B petition, or if the job indicated on the LCA is in the “other” category, or doesn’t match the duties of the actual position, or if the wage level set does not clearly meet the prevailing wage for the job, that means the employer is at fault. Consistent answers across forms is essential. If the job in question differs from the duties and responsibilities, or differs from the wage level indicated in the entry for the position in the Occupational Outlook Handbook, the petition needs to clearly explain how these differences fit within the requirements of H1B visa status.

Sometimes it’s the beneficiary’s fault.Sometimes beneficiaries don’t actually have the correct degree for the H1B job. Sometimes mistranslated educational documents, diplomas that are mistaken for degrees, and other issues that arise my virtue of hiring across cultures and educational structures hinder the approval process.

Sometimes it’s the evaluator’s fault.If you or your employee or client has education from outside of the United States or a degree that is not an exact match for the H1B job, a credential evaluation is needed to fill in the gaps with a close evaluation of the course content and work experience with regards to the job in question, and specific H1B eligibility requirements. If the credential evaluator relied on online databases like EDGE to write the evaluation, or if the credential evaluator did not ask about the job or the visa, chances are the evaluation did not address all of the questions CIS must answer to approve the visa.

Sometimes it’s no one’s fault. CIS approval trends change every year, which makes it difficult to predict what they will hone in on next. Sometimes mistakes are made on the bureaucratic end and you receive an RFE for evidence clearly provided in the initial H1B petition. If this is the case, you still have to answer it.

It’s important to note that finding out who dropped the ball doesn’t have to be about pointing fingers or condemning a member of the H1B team. The key here is to find out how to solve the problem of the RFE and get it overturned.

At TheDegreePeople we work with difficult RFEs every year, and we always find creative solutions to even the most complex and convoluted RFEs. Let us help you. For a free review of your case, or your employee or client’s case, visit ccifree.com.. We will get back to you in 48 hours or less.]]>

Wage Level and Specialty Occupation RFEs: Who Dropped the Ball? Read More »

Preventing More RFEs: Two H1B RFEs to Always Answer Together

Credential Evaluation, Immigration, Visa Approvals

Two RFEs that are closely connected are specialty occupation and wage level RFEs. Even if both of these issues are not brought up verbatim in the same RFE, it is likely that one issue implies the other. That means if you, or your employee or client receives a wage level RFE, you must answer both that issue and the issue of specialty occupation. If you, or your employee or client receives a specialty occupation RFE, you must also answer the issue of the wage level in your response. If you don’t, you will likely be getting another RFE soon.

Here’s how you do it:

To prove specialization, you must show that the H1B job requires a minimum of a US bachelor’s degree or higher to perform. To show that this is an industry standard, supply the ad for the job, as well as other ads for the same position in parallel companies within the industry to demonstrate the minimum requirement. Include a detailed breakdown of the job’s duties, tasks, and responsibilities to show that the work required is specialized and needs training to perform. If this particular position is uniquely specialized to require an advanced degree beyond what is the industry standard for this position, besides providing the detailed work breakdown, you will need to provide record of past hiring practices to show that the employer typically hires workers with advanced degrees for this position, and further evidence to explain why this job is uniquely specialized.

Then, address the wage level, as paying the H1B employee the prevailing wage for the position in the industry in that geographical location for companies of that size is also an H1B requirement. If the wage level doesn’t match the job entry indicated in the US Department of Labor’s Occupational Outlook Handbook, you need to go a step further and explain all of the factors that went into deciding the wage level for the position. This includes the amount of direct work experience the H1B worker has in the field, the level of supervision required, and any further training necessary.

To tie all of this together, you will need an expert opinion letter that validates the job’s specialization and wage level. One letter can address both issues as they are closely linked and much of the same evidence and analysis go into supporting both aspects of the RFE.

At TheDegreePeople, we have experts from all fields on hand 24/7 – as well as highly trained credential evaluators with expert knowledge of working with H1B visas and difficult RFEs – to analyze your case and get you the expert opinion letter you need to overturn this RFE, and prevent the second round. We even provide affordable rush delivery options for the last minute.

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

Preventing More RFEs: Two H1B RFEs to Always Answer Together 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 »

H1B Support: How to Answer a Wage Level RFE Plus Specialty Occupation

Credential Evaluation, Immigration, Visa Approvals

When CIS finds one problem with an H1B petition, they tend to find more. This year’s RFE trend we are seeing is wage level issues and specialty occupation issues going hand in hand to form a very difficult RFE to answer.

Here’s how it works:

CIS uses the US Department of Labor’s Occupational Outlook Handbook to reference each job in question. First, the actual job description is rarely an exact match for the entry, which CIS can use to justify the RFE. Second, often wage levels differ from the degree and experience level indicated in the entry because of the particular circumstances of the job. Third, sometimes the entry will include that not all employers require an advanced degree to perform the job.

These are three major triggers of this double RFE. To answer it, you need to be able to provide detailed evidence that the job in question requires an advanced degree as a minimum requirement to perform. This must include a detailed breakdown of the duties, tasks, and responsibilities of the job. You will also need to provide evidence that past hiring practices show that the employer typically requires an advanced degree when hiring or this position. Include the ad for the job and ads for the same job in the industry in similar companies to show that an advanced degree is an industry standard minimum requirement.

You will also need to thoroughly explain all of the factors that went into setting the wage level. To tie it all together, you will need an expert opinion letter that covers both wage level and specialty occupation issues.

At TheDegreePeople we work with difficult RFEs every year. Last year, our experts had the highest rate of success in writing the opinion letters that get these RFEs overturned. We also take steps to prevent a second round of RFEs when answering the first. For a free review of your case visit ccifree.com/.  We will get back to you in 48 hours or less.

H1B Support: How to Answer a Wage Level RFE Plus Specialty Occupation Read More »

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