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Is Credential Evaluation Required for H-1B?

Immigration

Credential evaluation is not always legally required for an H-1B petition, but it is often highly recommended when the beneficiary’s degree was earned outside the United States or when USCIS may question whether the education is equivalent to a U.S. bachelor’s degree in a related specialty. A proper credential evaluation can help reduce confusion, strengthen eligibility evidence, and prevent USCIS RFEs.

Understanding the H-1B Education Requirement (U.S. System Overview)

The H-1B visa is a U.S. employment-based visa designed for specialty occupations, meaning jobs that typically require:

      • A bachelor’s degree or higher

      • In a specific field of study

      • Directly related to the position offered

    USCIS evaluates whether the beneficiary meets the minimum education requirement under U.S. standards. If the degree was earned in the United States, the educational requirement is usually straightforward.

    However, when the degree is earned outside the U.S., USCIS often needs additional clarity on:

        • The degree level equivalency

        • The institution type

        • The program length and structure

        • The field of study and specialization

      This is where credential evaluation becomes relevant.

      What Is a Credential Evaluation?

      A foreign credential evaluation is a professional analysis that explains how an international degree compares to U.S. education standards.

      It typically reviews:

          • Diploma or degree certificate

          • Academic transcripts

          • Program length and academic structure

          • Institutional recognition

          • Coursework relevance (in some cases)

        The purpose is to provide a clear conclusion such as:

            • Equivalent to a U.S. Bachelor’s degree

            • Equivalent to a U.S. Master’s degree

            • Equivalent to a U.S. Bachelor’s degree in [specific field]

          Credential evaluation does not guarantee H-1B approval, but it can help USCIS understand foreign education in a standardized format.

          Is Credential Evaluation Required for H-1B? (Direct Answer)

          In most cases:

          Credential evaluation is not strictly required by law, but USCIS often expects clear evidence that the foreign degree meets U.S. equivalency standards.

          Credential evaluation is commonly needed when:

              • The beneficiary has a foreign degree

              • The degree is from a non-U.S. institution

              • The education system is different from the U.S.

              • The degree is not clearly equivalent to a U.S. bachelor’s degree

              • USCIS has issued education-related RFEs in similar cases

            In practice, many immigration professionals treat credential evaluation For H-1B as a standard part of foreign-degree H-1B preparation.

            Why Credential Evaluation Matters for H-1B Petitions

            1. USCIS Must Confirm Degree Equivalency

            USCIS does not automatically accept foreign degrees as equivalent. Even strong academic programs may not be immediately understood under U.S. standards.

            A credential evaluation helps USCIS answer key questions such as:

                • Is the education equivalent to a U.S. bachelor’s degree?

                • Does the education match the specialty occupation field?

                • Does the academic structure meet U.S. requirements?

              2. Credential Evaluation Can Reduce RFEs

              Education-based RFEs are common in H-1B filings. RFEs may request:

                  • Proof of degree equivalency

                  • Transcript review

                  • Field of study alignment

                  • Additional evidence of specialization

                Submitting a professional evaluation early may reduce uncertainty.

                3. It Helps Present the Case Clearly

                A well-prepared H-1B petition is not just about eligibility. It is also about presentation and clarity. USCIS officers review high volumes of cases. Clear evidence reduces misinterpretation.

                Common H-1B Scenarios Where Credential Evaluation Is Needed

                Foreign Bachelor’s Degree Holders

                If the beneficiary holds a bachelor’s degree earned outside the U.S., USCIS may want confirmation that it equals a U.S. bachelor’s degree.

                Three-Year Bachelor’s Degree Cases

                This is one of the most common H-1B credential evaluation issues. Many countries issue three-year degrees that do not immediately match the U.S. four-year bachelor model.

                In these cases, credential evaluation may involve deeper academic analysis.

                Degree and Work Experience Combination Cases

                Some H-1B beneficiaries qualify using a combination of education and professional experience.

                This may require a specialized evaluation method, often supported by expert documentation.

                Degree Field Does Not Match Job Title

                If the degree field is not clearly aligned with the offered job, USCIS may question specialty occupation eligibility.

                A credential evaluation can sometimes clarify academic specialization, but job-duty alignment still matters.

                How USCIS Evaluates Education for H-1B

                USCIS typically reviews:

                    • The degree level (bachelor’s or higher)

                    • The institution’s recognition

                    • The major or field of study

                    • The job requirements and job duties

                    • Consistency across documents

                  USCIS may compare the education to U.S. standards to confirm whether it meets the H-1B “specialty occupation” criteria.

                  USCIS may issue an RFE if:

                      • The degree is unclear

                      • The transcript is missing

                      • The program is shorter than U.S. standards

                      • The field of study seems unrelated

                      • The evidence lacks professional interpretation

                    This is why credential evaluation is frequently used in foreign-degree H-1B petitions.

                    Common Mistakes and Misconceptions About Credential Evaluation for H-1B

                    Mistake #1: Assuming a Foreign Degree Is Automatically Accepted

                    Even legitimate degrees may require explanation. USCIS officers rely on clear documentation and U.S. equivalency language.

                    Mistake #2: Thinking Translation Alone Is Enough

                    A translation explains the language. It does not explain equivalency.

                    USCIS may still ask:

                        • Is this equivalent to a U.S. bachelor’s degree?

                      Mistake #3: Submitting Incomplete Academic Documents

                      Missing transcripts or partial mark sheets can create uncertainty and increase the chance of an RFE.

                      Mistake #4: Waiting Until USCIS Issues an RFE

                      Some petitioners delay evaluation until an RFE is received, which can extend the overall processing timeline.

                      Mistake #5: Confusing Credential Evaluation With Degree Verification

                      Credential evaluation compares academic equivalency. It is not the same as verifying authenticity through a government body.

                      Risks of Not Using Credential Evaluation (When It Is Needed)

                      If USCIS cannot clearly confirm the education requirement, risks may include:

                          • Processing delays

                          • Denial due to insufficient educational proof

                          • Additional documentation requests

                          • Filing complications for future extensions or amendments

                        Not every case will face these issues, but education clarity is one of the most common H-1B review points.

                        How Credential Evaluation Connects to Expert Opinion Letters and RFE Support

                        In more complex cases, credential evaluation may be combined with other supporting documentation such as:

                        Expert Opinion Letters

                        These letters may help explain:

                            • academic specialization

                            • relevance of coursework

                            • work experience equivalency (when applicable)

                            • why the beneficiary meets specialty occupation standards

                          RFE Support Documentation

                          If USCIS issues an RFE, a credential evaluation may be used to strengthen the response by providing:

                              • standardized U.S. equivalency conclusions

                              • professional methodology explanations

                              • structured analysis aligned with immigration expectations

                            For credential evaluation services, this page supports H-1B-related documentation needs:
                            https://www.thedegreepeople.com/foreign-credential-evaluation-usa/

                            When Professional Credential Evaluation May Be Appropriate (Neutral)

                            Credential evaluation may be especially helpful when:

                                • The beneficiary holds a non-U.S. degree

                                • The degree is a three-year bachelor’s program

                                • The case involves multiple diplomas or institutions

                                • The degree is in a different field than the job title

                                • Prior H-1B petitions received RFEs or denials

                                • The employer wants strong documentation upfront

                              This is not legal advice, but a practical compliance approach to avoid avoidable confusion in adjudication.

                              Practical Tips to Strengthen H-1B Education Documentation (Non-Legal Advice)

                              Here are simple preventive steps that can help reduce issues:

                              1. Prepare Complete Academic Documentation

                              Include:

                                  • diploma/degree certificate

                                  • full transcripts

                                  • mark sheets (if applicable)

                                2. Ensure Proper Translation

                                If documents are not in English, use accurate translations with proper certification.

                                3. Keep Consistency Across Forms and Evidence

                                Degree titles, graduation dates, and institution names should match in all submitted documentation.

                                4. Use Credential Evaluation When Equivalency Is Not Obvious

                                If the education system differs from U.S. standards, a clear equivalency report can help.

                                5. Avoid Generic or Unclear Education Claims

                                USCIS prefers structured documentation rather than vague statements.

                                Final Thoughts

                                Credential evaluation is not required for every H-1B petition, but it is often an important tool when foreign education must be clearly explained under U.S. standards. If you are unsure whether your degree meets the H-1B education requirement, a careful credential review can help clarify your options before filing or responding to USCIS requests.

                                For more information on credential evaluation support, you can review:
                                https://www.thedegreepeople.com/foreign-credential-evaluation-usa/

                                About Sheila Danzig

                                Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

                                Get a Free Review of Your Case

                                If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

                                To get your free case review, visit www.ccifree.com today.

                                Is Credential Evaluation Required for H-1B? Read More »

                                H-1B Visa Registration for FY 2027: What Employers Should Know Now

                                Info

                                As the FY 2027 H-1B registration period approaches, employers should begin preparing for meaningful changes to the selection system. The upcoming season introduces adjustments that may significantly impact selection strategy, wage planning, and overall petition preparation.

                                Understanding the new structure early can help reduce uncertainty and improve readiness.

                                Key Registration Timeline

                                The FY 2027 H-1B registration period will open at noon Eastern time on March 4, 2026, and will close at noon Eastern time on March 19, 2026.

                                If the number of registrations exceeds the annual cap of 85,000, USCIS will conduct a weighted selection process among properly submitted registrations tied to unique beneficiaries.

                                Employers whose registrations are selected will have 90 days to file the complete H-1B petition.

                                The electronic registration requires a $215 fee per beneficiary. The full H-1B petition filing fees are only required if the case is selected.

                                The New Wage Weighted Selection System

                                For FY 2027, USCIS is moving away from a purely random lottery and instead prioritizing higher-skilled and higher-paid positions through a wage based selection structure.

                                Selection is tied to the Department of Labor OEWS four tier wage system:

                                • Level 4 wage or higher receives four lottery entries
                                • Level 3 wage or higher receives three lottery entries
                                • Level 2 wage or higher receives two lottery entries
                                • Level 1 wage or higher receives one lottery entry

                                In addition, a beneficiary receives an extra entry for each additional wage level that the offered salary exceeds.

                                This means the wage level assigned to the role will directly influence the number of entries in the selection pool. Employers must carefully evaluate the offered salary in relation to the occupational classification and geographic location to determine the highest applicable wage level.

                                Early review of job duties, wage levels, and supporting documentation will be especially important under this new structure.

                                New $100,000 Fee Requirement

                                Another development employers should evaluate closely is the implementation of a $100,000 fee for certain petitions filed after selection.

                                This fee generally applies to beneficiaries who must obtain their visa abroad or who are not eligible for a change of status within the United States.

                                Although this fee is currently being challenged in court, it remains mandatory unless an extraordinary rare circumstance exception is granted. Employers should plan accordingly and assess financial exposure before registration.

                                Strategic Planning for FY 2027

                                The changes for FY 2027 reinforce the importance of proactive workforce planning. Registration timing, wage level analysis, and documentation strategy will now play a larger role in selection probability.

                                Employers should review staffing needs immediately and identify potential cap subject cases well before the March registration window opens. Careful preparation can help minimize risk and avoid last minute complications.

                                At TheDegreePeople.com, we continue to monitor immigration policy shifts that directly impact how education, wage classification, and professional qualifications are evaluated within the H-1B process. A clear understanding of how educational credentials are assessed under current USCIS standards is increasingly important in a wage weighted selection environment.

                                Staying informed and planning early remain the most effective ways to navigate the evolving H-1B registration system.

                                About Sheila Danzig

                                Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

                                Get a Free Review of Your Case

                                If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

                                To get your free case review, visit www.ccifree.com today.

                                H-1B Visa Registration for FY 2027: What Employers Should Know Now Read More »

                                Cheap H1B Expert Opinion Letter Service in USA: Save Money on Your Visa RFE Response

                                Immigration, Visa Approvals

                                Receiving an H1B Request for Evidence (RFE) can be stressful, especially when timelines are tight and expenses begin to increase. Many applicants worry that an RFE means their petition is weak. In reality, RFEs are often issued because USCIS needs clearer explanations related to job roles, education, or degree equivalency. This is where expert opinion letters and credential evaluations become important without forcing applicants to spend excessively on legal fees.

                                Choosing a cheap H1B expert opinion letter service in the USA helps applicants respond correctly, meet USCIS expectations, and manage overall visa costs.

                                Why H1B RFEs Are Issued So Often

                                H1B RFEs are common and usually focus on clarity rather than eligibility. USCIS officers review a high volume of petitions, and if any detail appears unclear or incomplete, an RFE is issued to request additional evidence.

                                Common reasons include:

                                • Questions about whether the role qualifies as a specialty occupation
                                • Concerns related to foreign degree equivalency
                                • Three year bachelor’s degrees requiring U.S. equivalency explanation
                                • Job duties that are not described in sufficient detail

                                An RFE is not a denial. It is a request for stronger and clearer documentation.

                                Specialty Occupation RFEs and How Expert Opinion Letters Help

                                Specialty occupation RFEs are one of the most frequent challenges in H1B cases. USCIS may question whether the position genuinely requires specialized knowledge and a specific degree background.

                                An expert opinion letter for an H1B visa helps explain this by:

                                • Connecting job duties directly to academic requirements
                                • Demonstrating how the role depends on specialized education
                                • Showing why the position meets H1B specialty occupation standards

                                When prepared correctly, an expert opinion letter for an H1B RFE answers USCIS concerns in professional and recognizable language.

                                Addressing Degree Equivalency Concerns in H1B RFEs

                                Foreign education is another major reason RFEs are issued. USCIS must confirm that a degree earned outside the United States meets U.S. bachelor’s degree standards, especially when the academic structure is different.

                                A degree equivalency evaluation USA report helps by:

                                • Explaining how foreign education compares to U.S. standards
                                • Clarifying credit systems, coursework, and duration
                                • Supporting eligibility for specialty occupation roles

                                A degree evaluation for H1B petitions reduces confusion and presents academic credentials in a format USCIS understands.

                                Why Affordable H1B Expert Opinion Letter Services Matter

                                Many applicants are concerned about the cost of responding to an RFE. Immigration attorney costs can rise quickly, particularly when multiple documents are required. Affordable expert opinion letter services offer a practical option for academic and professional evaluations without lowering quality.

                                Cheap H1B expert opinion letter services focus on:

                                • Delivering USCIS ready documentation
                                • Supporting H1B RFE response requirements efficiently
                                • Offering low cost immigration help without unnecessary services

                                This approach allows applicants to save money while still submitting a strong response.

                                What a Complete H1B RFE Response Usually Includes

                                A strong H1B RFE response rarely relies on a single document. It usually includes several supporting evaluations that work together to address USCIS questions.

                                These commonly include:

                                • Expert opinion letters for H1B specialty occupation RFEs
                                • Degree equivalency evaluation USA reports
                                • Academic credential evaluation services
                                • Job description validation support

                                When combined properly, these documents form a clear and organized response.

                                When It Makes Sense to Use a Cheap H1B Expert Opinion Letter Service

                                Professional evaluation services are recommended when:

                                • USCIS questions specialty occupation eligibility
                                • A foreign degree requires U.S. equivalency clarification
                                • An RFE specifically requests expert validation
                                • Previous documentation was considered insufficient

                                Using affordable services early often helps avoid repeat RFEs and delays.

                                Credential Evaluation Cost and Expert Opinion Letter Pricing

                                Pricing depends on the complexity of the case and the level of review required. Transparent pricing allows applicants to plan without surprises.

                                Typical ranges include:

                                • Expert opinion letter for H1B RFE costing approximately $600 to $1200
                                • Degree equivalency evaluation USA costing approximately $500 to $1000

                                These services focus on accuracy, compliance, and clarity, which are critical for USCIS review.

                                Practical Steps to Reduce Future H1B RFEs

                                While RFEs cannot always be avoided, preparation can reduce risk:

                                • Clearly define job duties and required qualifications
                                • Submit complete academic transcripts and degree documents
                                • Obtain credential evaluations early
                                • Include expert opinion letters when eligibility may be questioned

                                Well prepared petitions are easier for USCIS officers to evaluate.

                                Affordable H1B RFE Help in the USA

                                Fast and affordable H1B RFE response services help applicants meet deadlines with less stress. Cheap expert opinion letter services combined with credential evaluations provide a cost effective way to strengthen visa petitions.

                                By choosing affordable and professional support, applicants can save money while submitting a response that aligns with USCIS expectations and improves approval chances.

                                About Sheila Danzig

                                Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

                                Get a Free Review of Your Case

                                If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

                                To get your free case review, visit www.ccifree.com today.

                                Cheap H1B Expert Opinion Letter Service in USA: Save Money on Your Visa RFE Response Read More »

                                How to Get Your H1B Visa Approved in USA: Tips for Addressing Specialty Occupation RFE Issues

                                Immigration, Visa Approvals

                                Securing an H1B visa approval in the United States can be challenging, especially when USCIS issues a Request for Evidence (RFE) questioning specialty occupation eligibility or educational qualifications. Many H1B RFEs are not issued due to ineligibility, but because USCIS requires clearer documentation and professional validation. Expert opinion letters and foreign credential evaluations play a critical role in addressing these concerns and improving approval outcomes.

                                Understanding Specialty Occupation RFEs in H1B Cases

                                A specialty occupation RFE is issued when USCIS needs additional evidence to confirm that the offered job requires specialized knowledge and at least a bachelor’s degree in a specific field. These RFEs commonly arise when job duties are not clearly defined or when educational qualifications need further explanation.

                                USCIS may question:

                                • Whether the job qualifies as a specialty occupation
                                • If the degree field directly relates to the job role
                                • Whether the education level meets H1B requirements

                                Receiving a specialty occupation RFE does not mean denial. It is an opportunity to strengthen the petition with proper documentation.

                                Why Education and Degree Equivalency Matter

                                Educational qualifications are a central part of H1B eligibility. When degrees are earned outside the United States, USCIS requires confirmation that they meet U.S. academic standards. This is especially relevant for applicants holding three-year bachelor’s degrees or degrees from international institutions.

                                Common education-related RFE issues include:

                                • Unclear degree equivalency
                                • Differences in academic structure or credit systems
                                • Missing or incomplete transcripts

                                Foreign credential evaluations help resolve these concerns by presenting academic qualifications in a USCIS-recognized format.

                                Role of Expert Opinion Letters in Specialty Occupation RFEs

                                Expert opinion letters are professional assessments prepared by qualified specialists who analyze the job role, educational background, and industry requirements. These letters explain how the offered position meets specialty occupation criteria and how the applicant’s education supports the role.

                                Expert opinion letters help by:

                                • Demonstrating that the job requires specialized knowledge
                                • Linking job duties to degree requirements
                                • Supporting foreign degree equivalency
                                • Clarifying professional qualifications

                                Such letters directly address USCIS concerns raised in specialty occupation RFEs.

                                Importance of Foreign Credential Evaluation for H1B Approval

                                Foreign credential evaluation is essential for applicants with non-U.S. degrees. USCIS relies on these evaluations to determine whether the applicant’s education is equivalent to a U.S. bachelor’s degree or higher.

                                Credential evaluations assist in:

                                • Establishing U.S. degree equivalency
                                • Supporting specialty occupation eligibility
                                • Strengthening petition documentation

                                This is particularly important for applicants whose degree duration or curriculum differs from U.S. standards.

                                Affordable and Reliable H1B RFE Support in the USA

                                Cost is a common concern for applicants responding to H1B RFEs. TheDegreePeople offers affordable expert opinion letter and credential evaluation services designed specifically for H1B specialty occupation and education-related RFEs.

                                Applicants benefit from:

                                • Competitive and transparent pricing
                                • Evaluations prepared by qualified professionals
                                • Documentation aligned with USCIS expectations
                                • Turnaround times suitable for RFE deadlines

                                Affordable services allow applicants to respond effectively without unnecessary financial strain.

                                When to Seek Professional Help for Specialty Occupation RFEs

                                Professional assistance is recommended when:

                                • USCIS questions whether the role qualifies as a specialty occupation
                                • The RFE requests clarification of job duties or education
                                • A foreign degree requires equivalency evaluation
                                • Previous submissions were deemed insufficient

                                Early professional support helps ensure that RFE responses are accurate, complete, and well-structured.

                                Cost of Expert Opinion Letters and Credential Evaluations

                                The cost of expert services varies based on case complexity and documentation needs.

                                Typical pricing includes:

                                • Basic expert opinion letters: approximately $600–$1200
                                • Foreign credential evaluations: approximately $500–$1000

                                These costs reflect the level of professional analysis required to meet USCIS standards.

                                Tips to Avoid Specialty Occupation RFEs

                                Applicants can reduce the likelihood of RFEs by:

                                • Clearly defining job duties and required qualifications
                                • Ensuring education aligns with the job role
                                • Submitting complete academic documentation
                                • Obtaining credential evaluations early

                                Proper preparation strengthens H1B petitions and improves approval chances.

                                About Sheila Danzig

                                Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.

                                Get a Free Review of Your Case

                                If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.

                                To get your free case review, visit www.ccifree.com today.

                                 

                                How to Get Your H1B Visa Approved in USA: Tips for Addressing Specialty Occupation RFE Issues Read More »

                                5 Red Flags to Fix in Your H-1B Petition to Prevent an Education RFE

                                Uncategorized

                                Education RFEs may be the most consistently common H-1B RFEs over the past decade. 

                                H-1B eligibility requires beneficiaries to hold a US bachelor’s degree or higher or its equivalent in the field of the H-1B job.  While employers routinely hire employees with degrees in related fields with work experience in the field of the H-1B job or enough educational overlap to ensure qualification, USCIS will not approve their visas without a credential evaluation.  Employers routinely hire employees with incomplete college or no college if they have the field experience and skills needed to perform the job, but USCIS will not approve their visas without a credential evaluation.  Many H-1B employees earned their degrees in a foreign country. 

                                USCIS will not approve their work visas without a credential evaluation.  This requirement necessitates additional hand-holding because it is on the applicant to clearly show that the employee has equivalent of a US bachelor’s degree or higher in terms of US academic standards.

                                There are very specific situations that will prompt USCIS to scrutinize the petition which can quickly escalate into a complex RFE that is very difficult to answer. 

                                1. Degree earned outside of the United States.
                                2. Three-Year Bachelor’s Degree.
                                3. Major does not exactly match the field of the H-1B job.
                                4. Incomplete college.
                                5. Missing college or college was completed at an unaccredited institution.

                                If one of these situations exists in your case it is essential to fix it before you file.  If an RFE has already arrived, the solution is the same.  Include a detailed credential evaluation written uniquely for your case which takes the job, the education, work experience, H-1B visa requirements, and USCIS approval trends into account.  This may include a close evaluation of course content, and it may include a work experience conversion. 

                                Do not submit an H-1B petition or RFE response without making sure all of the red flags are fixed.  Let us review your case for free.  Visit www.ccifree.com and we will respond in 4 hours or less.

                                Sheila Danzig

                                Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

                                 

                                5 Red Flags to Fix in Your H-1B Petition to Prevent an Education RFE Read More »

                                Case Study: RFE for Wrong Degree Specialization Overturned!

                                Uncategorized

                                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 »

                                Common H-1B Issues to Anticipate this Adjudication Season

                                Credential Evaluation, Immigration, Visa Approvals

                                Common H-1B Issues to Anticipate this Adjudication Season

                                In the next few months, H-1B petitioners and beneficiaries will find out if their petitions have been selected in the lottery, and accepted for approval.

                                We predict this year will follow the trend of the previous few years with an increase in H-1B issues that block beneficiaries from outright approval. What is unclear is whether beneficiaries will be receiving RFEs or Denials in response to these issues. Last year, adjudicators were given the authority and encouragement to deny petitions outright without offering an RFE as an opportunity to respond questionable cases. This was announced in a USCIS memorandum along with several other changes to the H-1B selection and adjudication process, some of which went into effect this lottery season, and some of which did not.

                                One thing is certain: preparation is key. It is FAR from impossible to overturn a Denial. You just need to stay one step ahead of the game. That means understanding what about your case may raise red flags, and that means going back to the basic H-1B eligibility requirements and taking an honest look at where your case may fall short.

                                Employer-Employee Relationship

                                Small businesses often run into trouble here if they cannot clearly show in the LCA that they can afford to pay the prevailing wage to the H-1B worker and maintain economic viability. Another big issue is when the beneficiary is an owner, founder or co-founder, or sole proprietor of the business. H-1B workers must have their work, wage, and employment status controlled by an employer to meet this requirement and beneficiaries cannot self-petition for this visa. If this is the situation, there must be a CEO or board of directors different from the H-1B worker that fills this role to prove an employer-employee relationship exists in the arrangement.

                                Wage Level

                                The H-1B employee must make the prevailing wages for the position. Factors that influence the prevailing wage include industry standards, company size, geographic location, and more. Workers making level one wages often run into issues. In a response to an RFE or Denial, you must articulate all of the factors that went in to setting the wage level and an expert opinion letter that assures the prevailing wage requirement has been met.

                                Specialty Occupation

                                For the last two H-1B seasons, this RFE has spiked in prevalence and is often linked with wage level issues. If you, or your employee or client’s job sometimes requires a US bachelor’s degree or higher, but not always, or if this job is particularly specialized, you need to take extra steps to meet this requirement. That means providing a detailed breakdown of the duties and tasks of the job, as well as the advanced knowledge, skills, and understanding that must be applied every day in this position. You will also need to show that a US bachelor’s degree or higher is a typical minimum requirement for this job as either an industry standard, or as a company standard as evidenced in the ad for the job and in past hiring practices. An expert opinion letter must also be included to lend validity to and analysis of the documentation provided by your team.

                                Educational Requirements

                                H-1B requires the beneficiary have a US bachelor’s degree or higher or its equivalent. Foreign degrees that are not accompanied by the right credential evaluation raise red flags, especially the Indian three-year bachelor’s degree. The right credential evaluation takes the H-1B job into consideration and makes the necessary work experience conversions and detailed course breakdowns necessary to fill in any gaps between the job and the degree as the degree must be in the exact field of the H-1B job to address the demands of a specialty occupation. Incomplete college or no college experience must be compensated for with work experience conversion that must be written by a professor with the authority to convert work experience into college credit.

                                Any situation out of the ordinary or that is not completely straightforward can raise a red flag, which in turn triggers and RFE or Denial. At TheDegreePeople.com we work with RFE and Denial cases every year. We know what to look for and we know how to successfully address it. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.

                                Common H-1B Issues to Anticipate this Adjudication Season Read More »

                                H1B 2019 Post-Memorandum: Who Caused that RFE?

                                Credential Evaluation, Immigration, Visa Approvals

                                This does not change our overall approval strategy when it comes to H1B visas, which is to get it right the first time.  Anticipate any issues your case may run into during processing and keep an eye on USCIS approval trends.  It is important to for all members of the H1B team to understand where issues are likely to arise, and where they need to pay extra attention to make sure they don’t drop the ball, especially this coming April when there may be no second chances. That’s why it is essential to look back on this past year and find out who caused that RFE.

                                Sometimes it’s no one’s fault, and sometimes it’s fault of USCIS.

                                When working with any bureaucratic process, there is the possibility of error.  When working with USCIS, there is the understanding that processing errors occur, and that their approval trends are volatile and can be unpredictable.  It can be difficult to anticipate which parts of the law they will interpret which way from year to year.  If approval issues arise due to bureaucratic or human error, there will likely be a way to address it.  A Denial is not the end of the road, it is just harder to overturn than an RFE.  If it is no one’s fault, or if USCIS pulls a fast one on us again, we can find a way to work around it.

                                Sometimes the lawyer caused the RFE.

                                Occasionally, an immigration attorney will file the wrong document, or file the petition wrong.  While this is rare, it can cost an outright approval.  To prevent this, legal assistants are encouraged to check in with TheDegreePeople.com to make sure that they have all of the necessary immigration forms, labor forms, and documentation necessary to file everything on time, in the right order, and filled out appropriately.

                                Sometimes the beneficiary caused the RFE.

                                It is not uncommon for a beneficiary to misunderstand the US academic equivalency of their education.  Sometimes a bachelor’s degree in one country is not a bachelor’s degree in the United States because even though the words translate the educational value does not.  Some certifications and professional licenses in some countries are the equivalent of a US bachelor’s degree in that field, while the US license or certification is not.  Sometimes a beneficiary will have a degree from an unaccredited academic institution, or even from a degree mill.  It is important for beneficiaries to understand their education, and what it means in terms of US value, and to make sure that their school is accredited.  If the beneficiary does not have the necessary education, it is their responsibility to make sure they have enough education and work experience to make up the equivalency.

                                Sometimes it’s the employer or the job that caused the RFE.

                                If the Labor Condition Application (LCA) is filled out incorrectly or misfiled, if there are discrepancies between the job description and the entry on the LCA, if USCIS feels that the wage level was set incorrectly or that the job does not meet specialty occupation requirements, issues will likely arise in the approval process.  It is recommended that all petitions now include an expert opinion letter clarifying that the job meets H1B specialty occupation requirements and explaining why the wage level is set as it is to meet H1B requirements.

                                Before you file, let us review your case to make sure all your bases are covered.  It is more important this year than ever before to get it right the first time, because you may not get a second chance.  For a free review of your case visit ccifree.com/.  We will get back to you in 48 hours or less.

                                H1B 2019 Post-Memorandum: Who Caused that RFE? Read More »

                                H1B Double Nightmare: RFE Right Job Title, Wrong Education

                                Credential Evaluation, Immigration, Visa Approvals

                                CIS approval trends change every year, but there has been a trend towards tightening interpretation around every facet of H-1B requirements.  For example, at the beginning of the decade beneficiaries with degrees in fields related to their specialty occupation could pretty much count on having their visas approved.  Now, they can be certain they will run into trouble as the degree specialization must now be an exact match for the job title.  Just a few years back computer programmers could be almost certain their job title meeting specialty occupation requirements wouldn’t be called into question.  The past two years have seen a massive spike in specialty occupation issues for job titles that had never run into this kind of issue before.

                                At TheDegreePeople we work with difficult cases and RFEs every year and know how to successfully answer them.  This past year, we had an onslaught of clients come in with the Double Nightmare RFE.  Answering with RFE required a two-step approach.  First, to prove that the job in question met H-1B specialty occupation requirements, we asked for the ad for the job that clearly shows minimum requirements, past hiring practices that showed the employer regularly hired candidates to the position with a minimum of the advanced degree in the field, ads for the same position in similar companies in the industry that also required a minimum of an advanced degree, and a detailed breakdown of the duties and responsibilities of the position.  To tie it all together, we always include an expert opinion letter to summarize and validate that the job title does meet H-1B specialization requirements.  Our clients provide the documentation about the position and we supply the expert.  We have experts in every field on hand 24/7 to write the opinion letter you or your employee or client needs to get the first half of the Double Nightmare RFE overturned.

                                The second step is to write a credential evaluation that closes any gaps between the education you have, or your client or employee has, and the education they need to get that visa approved.  This takes the visa, the job title, and CIS precedent decisions and approval trends into consideration.  If the beneficiary has the right degree in the wrong field, a generalized degree with inadequate specialization, or incomplete college, the best way we have found to address this issue is to include a work experience conversion in the credential evaluation.  With this conversion, three years of progressive work experience in the field of the H-1B job title – during which the beneficiary’s duties became increasingly specialized with increasing responsibilities – can be converted into the equivalent of one year of college credit in the field.  Using years of work experience, the right credential evaluation can combine years of college and years of work experience in the field to articulate the equivalency of the right degree in the exact field of the H-1B job title.

                                This year, due to the new CIS policy memorandum, beneficiaries may not get a chance to answer an RFE.  It is essential to get it right the first time.  If you or your employee or client has a degree that does not exactly match their field of employ, or if the degree is from a country outside of the United States, DO NOT submit the petition without a credential evaluation.  If you or your employee or client has a job title that does not always require a minimum of a US bachelor’s degree to perform, DO NOT submit the petition without an expert opinion letter.  Be sure to reference the position’s entry in the Occupational Outlook Handbook to check to make sure what minimum educational requirements are for that job title at that pay grade.

                                If you have any uncertainty, err on the side of caution.  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.

                                H1B Double Nightmare: RFE Right Job Title, Wrong Education Read More »

                                Case Study: Specialty Occupation H1B RFE for Engineer – Overturned!

                                Credential Evaluation, Immigration, Visa Approvals

                                While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright.

                                To qualify for H1B status a job must require a minimum of a US bachelor’s degree or higher or its equivalent to enter the position, and the job must entail utilizing highly specialized knowledge to perform the duties of the job.  In past years, jobs like physician or engineer were not called into question.  This past year, even jobs that were once considered clearly specialized were called into question and unsuspecting beneficiaries suddenly had to defend themselves.

                                One such client came to TheDegreePeople with a specialty occupation RFE for the job of engineer.  In 2017, software developers came under fire with specialty occupation RFEs.  Many employers responded the following year by redefining the job as an engineer.  This is part of the reason the job of engineer was hit with specialty occupation RFEs in 2018, but only part of the bigger picture that CIS approval trends change every year and are difficult to predict.

                                To address this letter, one of our experts in the field of engineering wrote a third-party expert opinion letter explaining why our client’s particular job met specialty occupation requirements both in line with the industry standard and with the employer’s hiring practices.  This letter accompanied a detailed breakdown of the duties and responsibilities of the position, documentation of industry standard through the ad for the job and ads for the same position in the industry for similar companies, and so forth, to tie it all together.  The RFE was overturned and his visa was approved.

                                Active now the new USCIS memorandum gives adjudicators the authority to deny H1B petitions without issuing an RFE to clear up any concerns.  This means it is essential to anticipate any issues before they arise.  At TheDegreePeople.com we work with RFEs, Denials, and difficult cases every year.  We know what is likely to trigger an RFE and we know how to overturn them.  Let us review your case, identify issues, and make a plan to fill in the evidentiary gaps before you file.  For a free consultation, visit ccifree.com.  We will get back to you in 48 hours or less.

                                Case Study: Specialty Occupation H1B RFE for Engineer – Overturned! Read More »

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