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Specialty Occupation RFE: Know the Job Inside and Out

Credential Evaluation, immigration, Visa Approvals

  • CIS assumes that because the job is set at level 1 wages it is entry level.
  • According to the US Department of Labor’s Occupational Outlook Handbook entry level computer programmers are sometimes hired with only a US associates degree, which falls short of H1B educational requirements for a specialty occupation.
    • This RFE was based on two misconceptions. First, just because a job is set at level 1 wages doesn’t mean it’s entry level. Determining the wage level for any given position is complex, involving a great number of factors. Second, while some employers will hire entry level programmers with only an associate’s degree, this is the exception for the position, not the norm. The exception should not make the rule for determining whether an entire occupation meets specialization requirements. While this job got the most grief last season, any job can be met with a specialty occupation RFE. To answer this RFE, you need to know the job in question inside and out, far better than CIS does. That means knowing the passage in the Occupational Outlook Handbook, having the ad for the job documented that shows its minimum educational requirements, and having documentation of the requirements for similar jobs in similar companies in the industry. You also need documentation of the employer’s past hiring practices with regards to educational requirements for this job. If this job is uniquely specialized and requires an advanced degree to perform its duties even though similar jobs in similar companies in the industry don’t require an advanced degree, you will need to clearly and thoroughly explain why this is the case. Both the employer and an expert who can add weight to the argument with an expert opinion letter need to offer detailed explanations. If you, or your employee or client receives a specialty occupation RFE, you will need an expert opinion letter to fortify your case. We have experts on hand with the highest rate of success in answering these RFEs. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.]]>

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    Case Study: The Triple H1B RFE – OVERTURNED!

    Credential Evaluation, immigration, Visa Approvals

    Imagine an RFE that calls into question the beneficiary’s credentials, wage level, and occupational specialization that is virtually impossible to answer by its own guidelines. We saw them last year, and we have the experts with the highest rate of success to help overturn them. Coming up on RFE season, it’s important to keep in mind that many RFEs cannot be answered by their own instructions. The solution is to go back to the original H1B requirements and make sure they are clearly met, documented, explained, and backed up by expert opinion. To be eligible for an H1B visa, the job must be a specialty occupation, which means as a minimum requirement the employee must hold a US bachelors degree or higher or its equivalent in the field of the job. The beneficiary must have this degree or equivalency to meet H1B requirements, and the employer must pay the beneficiary prevailing wages and benefits for this position for companies of that size in that geographical location. In answering the Triple RFE, you need to do three things: First, the job in question must meet the criteria of a specialty occupation. This can be done in one of three ways:

    1. The job requires a US bachelors degree or higher.
    2. A US bachelors degree or higher is a normal minimum requirement for this position for the industry in similar companies.
    3. This particular job is uniquely complex so as to require a US bachelors degree or higher to perform its duties.
    Second, it must be proven that Level 1 Wages are the prevailing wage for this specialty occupation. For jobs set at Level 1 Wages, CIS is operating from the misconception that Level 1 Wages implies that the job is entry level. They’re wrong. That’s not how wage levels work. There are many factors that are taken into consideration when determining wage levels. You need to show that this is the prevailing wage for this position to meet H1B requirements. These first two issues can be addressed in one expert opinion letter. Third, the beneficiary must clearly meet H1B educational requirements. This means the beneficiary holds the advanced degree or its equivalent in the field of the H1B job. That means if the degree is from outside of the United States, in a different field than the H1B job, or incomplete, you will need to include a credential evaluation that fills in any gaps between the beneficiary’s education and H1B education requirements. This must take into account education that took place through work experience and a close evaluation of course content and classroom contact hours involved in the degree. At TheDegreePeople, we work with difficult RFEs every year, and we have the experts with the highest rates of success to help overturn them. For a no-charge and no-obligation review of your case, or your employee or client’s case, simply visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis and pre- evaluation.]]>

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    H-1B Support: Refuting the Specialty Occupation RFE

    Credential Evaluation, immigration, Visa Approvals

    specialty occupation according to USCIS statutes. Here is where it gets murky: There are two very similar but profoundly different definitions of specialty occupation within the same CIS statute. INA § 214(i)(1) defines it as, “An occupation that requires theoretical and practical application of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” INA § 214.2(h)(4)(ii) holds the same definition EXCEPT instead of stating the degree must be in THE specific specialty, it states itmust be in A specific specialty. Employers will hire H-1B employees for positions when they have a degree that exactly matches the job, or that is related to the job in such a way that there is significant specialized knowledge and skill overlap. This still tends to be a narrow range of degree specializations. In the past, CIS has approved visas according the second definition that allowed for beneficiaries with degrees in related fields that did not exactly match the H-1B job because the job requiring that minimum credential would qualify for H-1B eligibility under that definition. In recent years, CIS has switched to the first, strict definition that requires beneficiaries have “a bachelr’s degree or higher in THE specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” However, if you, or your employee or client receieves an RFE for specialty occupation, disputing these definitions will not help you. The important part to focus on in BOTH of these definitions is: “or its equivalent.” In the Tapis International v. INS decision, it was established that equivalent encompasses academic and experienced-based training in various combinations. This means that a job or a candidate doesn’t necessarily need a bachelor’s degree in THE specific speciality to be eligible for H-1B. There are four options, one of which must be met:

    1. The job in question normally requires a minimum of a US bachelors degree or higher for entry into the position in the United States.
    2. This minimum degree requirement is normal for this job in similar organizations in the industry.
    3. The job in question is uniquely complex to need a US bachelors degree or higher as a minimum requirement for entry into this position.
    4. The employer sponsoring the H-1B beneficiary commonly requires a this degree as a minimum for entry into the position, and this can be proven by their hiring history.
    If the job meets one of these four requirements – and the beneficiary meets the educational and experiential requirements as well – the job meets H-1B eligibility requirements. However, you will need evidence to back up that the specialization of the job in question is consistent with industry standards or employer hiring practices. This requires a detailed employer support letter, but CIS will NOT just take the employer’s word for it. Your RFE response must also include an expert opinion letter to back up that the job does meet H-1B specialization requirements. At TheDegreePeople.com we have experts on hand 24/7 to review your case and write the letter you need, or your employee or client needs to get that RFE overturned. Every year, we work with difficult H-1B RFE cases and we get them overturned virtually every time. For a no charge and no obligation review of your case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis and expert consultation on how to best proceed.]]>

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    Attention: H1B Filing Opens TODAY!!!

    Credential Evaluation, immigration, Visa Approvals

    nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days. For the past few years, the cap has been met before the mandatory five business days is up, so that means you have to file THIS WEEK for you, or your employee or client to have a shot at making the H-1B lottery for FY2019. Last year, we saw an unprecedented number of RFEs, especially targeting computer programmers. This year, make sure you take steps to preempt an RFE or rejection. Don’t fall into common RFE traps by taking these precautions:

    1. Consistent Answers – make sure what is entered on the LCA matches the petition, including the job title and description.
    2. Start Date is NO EARLIER THAN October 1st 2019.
    3. Borderline jobs that don’t necessarily require a US Bachelors degree or higher according to the Department of Labor’s Occupational Outlook Handbook are accompanied by a detailed job description and expert opinion letter to prove specialization.
    4. The beneficiary’s degree or degree equivalency specialization matches the job title or is accompanied by a credential evaluation.
    5. Degrees earned outside of the US, incomplete college, or mismatched degree specialization is accompanied by a credential evaluation.
    If you, or your employee or client needs a credential evaluation or expert opinion letter, don’t file the petition without one. We have credential evaluators and experts on hand 24/7 ready to write the evaluation or expert opinion letter you need, or your employee or client needs for visa approval. We offer rush delivery options at affordable prices down to as fast as 12 hours by the clock, and we work off of emailed copies of educational documents. Time is of the essence. Simply visit ccifree.com/ to get started now!]]>

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    Countdown to April 2nd: Your H-1B Last Minute Checklist

    Credential Evaluation, immigration, Visa Approvals

    nd and is projected to exceed the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher by Friday, April 6th. That means, you have to be ready as soon as filing begins to ensure you, or your employee or candidate makes the H-1B lottery. Don’t let the last minute lure you into filing a sloppy or incomplete petition. Before you file, make sure that the answer and information are consistent across all documents including the LCA, the petition, and all documentation describing the duties and requirements for the job. Inconsistent answers will likely trigger an RFE, and a closer scrutiny of the case. Common education RFEs occur when a client has a degree specialization that doesn’t match the job, incomplete or generalized education, or a degree from outside of the United States, and the petition is not filed with a credential evaluation that clearly articulates the academic value of your or your employee or client’s education and work experience in terms of US academic value. It is also important to verify that the degree was earned in an accredited institutions. If you or your client or employee has one of these educational situations, it is important to order a credential evaluation to file WITH the H-1B petition come April 2nd. A work experience conversion may be necessary to account for the gaps between your education, or your client or employee’s education and H-1B educational eligibility requirements. Last year, CIS issued a record number of RFEs for H-1B petitions, especially for beneficiaries working as computer programmers at level 1 wages. If your client has a borderline job that doesn’t ALWAYS require a US bachelors degree as a minimum requirement according to the US Department of Labor’s Occupational Outlook Handbook, your case, or your client or employee’s case will need additional evidence including an expert opinion letter to prove why this position is uniquely specialized. There are some situations that are RFE magnets. If you, or your employee or client: • Has a degree from outside of the US, • Has a three-year bachelors degree, • Has an incomplete degree or no college at all, • Has a generalized degree or a degree in a major that doesn’t exactly match the H-1B job, or • Works a borderline occupation where it’s unclear whether the educational qualifications meet H-1B requirements for specialization, You need to know before you file and address the situation accordingly to preempt an RFE. At TheDegreePeople.com, we work with difficult H-1B cases and H-1B RFEs every year. We know what triggers and RFE and we know how to take steps to effectively preempt them. USCIS is always a wildcard, so we keep an eye on their approval trends every year. For a free review of your case, or your client or employee’s case, visit ccifree.com/. We will get back to you in 48 hours or less with a full analysis, pre-evaluation, and our expert recommendations on what to do to avoid an RFE.]]>

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    Everything You Need to Know About the H-1B Cap

    Credential Evaluation, immigration, Visa Approvals

    Monday, April 2nd 2018 and is likely to only run through Friday, April 6th 2018. This is because once the number of petitions has exceeded the annual cap, CIS shuts its doors to more petitions. However, CIS must continue to accept petitions for five business days even if the cap is exceeded. In the last five years, the H-1B cap – including the 20,000 additional visa slots for beneficiaries with masters degrees or higher – was reached in the first five business days. Last year, CIS received about 199,000 during the five-day filing period. This filing period is for employment that begins on October 1st 2018, the start of the fiscal year 2019 that runs October 1st 2018 to September 30th 2019. If the start date is set for any earlier than October 1st 2018, the petition will be rejected. If the cap is exceeded, CIS runs a computer-generated random lottery to select which petitions will be considered for visa eligibility. That means, to ensure you or your client or employee has a shot at H-1B visa approval, you must:

    1. Be ready to file the petition on Monday April 2nd.
    2. Have an impeccable petition with all of the necessary forms, evidence, and documentation to ensure that once selected the petition will be approved.
    If you miss this upcoming filing period, you will not be able to file again until April of 2019, and your employee will not be able to start work until October 1st, 2019. That means it’s time to get those petitions organized. For a free review of your case, or your client or employee’s case, visit ccifree.com.]]>

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