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H1B visa

Case Study: Preempting the Indian Three-Year Bachelors Degree RFE

Credential Evaluation, Immigration, Visa Approvals

CIS will not accept that Indian three-year bachelors degree as the equivalent of a US four-year bachelors degree. Yes, US graduate programs do. Yes, international trade agreements do. Yes, there are an equivalent if not greater number of credit hours in the Indian three-year bachelors degree as the US four-year degree. None of this matters when it comes to getting your visa, or your employee or client’s visa approved because CIS is hung up on the missing fourth year.

When you file the H1B petition, you need to make sure it includes a credential evaluation that converts years of progressive work experience into college credit to account for the missing fourth year of education. This is the only way we’ve seen beneficiaries with this degree successfully answer and avoid these RFEs. Three years of progressive work experience can be converted into one full year of college credit in that field with a credential evaluation written by a professor with the authority to grant college credit for work experience. In this work, you or your employee or client must have taken on progressively more responsibility with duties of increasing specialization and complexity, indicating that the work experience was educational as well.

Make sure you have, or your employee or client has the right kind of work experience, and enough of it, to account for the missing fourth year of college education. Visit ccifree.com and attach the beneficiary’s resume and educational documents, and indicate the job in question. We will get back to you within 48 hours with a full analysis and our recommendations.

Case Study: Preempting the Indian Three-Year Bachelors Degree RFE Read More »

Prepare for Tough RFEs for Specialty Occupation this H1B Season

Credential Evaluation, Immigration, Visa Approvals

Last year, we saw an unprecedented expansion in RFEs for Specialty Occupation, hitting H1B candidates in computer programmer positions at level 1 wages the hardest. This year, we expect these RFEs to continue to be even tougher and more widespread.

That means, if you, or your client or employee has a “borderline” job – meaning these jobs don’t necessarily require a US bachelor’s degree or its equivalent according to the US Department of Labor’s Occupational Outlook Handbook (OOH) – or if your job, or your employee or client’s job can be misconstrued as a borderline job, you will need to go a step farther to prove that the job is specialized to meet H1B requirements. You also need to be extra careful to keep answers and information on all documents involved in the petition process consistent.

Here are some problems you may run into this H1B season when it comes to occupational specialization:

1. Job description in the LCA doesn’t exactly match the job description on the H1B petition.

This is very common, as most actual job descriptions are not a 100% match for the description of the occupation in the OOH. However, employers must choose a job on the LCA that is outlined in the OOH, and if there are any inconsistencies, CIS can use that for grounds to issue an RFE.

2. Job title in the LCA doesn’t match the job title on the H1B petition.

Last year, we saw an unprecedented number of RFEs with regards to Level 1 Wages for the job of computer programmer. CIS used a passage in the OOH that states employers sometimes hire entry level computer programmers with only a US Associates degree, which doesn’t meet the H1B educational requirement of a US Bachelors degree or higher. To avoid this RFE, employers may be tempted to select a different job title that doesn’t tend to attract so many RFEs in the LCA. If you decide to do this, make sure the job title on the LCA matches the job title on the H1B petition and is a good match for the job description.

3. The wage level stated in the OOH does not match the wages the H1B worker makes.

H1B workers must be paid the prevailing wage for similar jobs in that industry for companies of that size in that geographic region. If the wages you or your employee or client is making doesn’t match those indicated in the OOH, you need to explain why this is the case in the petition to avoid an RFE.

Last year, a big misunderstanding of how wage levels work caused computer programmers making level 1 wages to deal with a slew of difficult RFEs. CIS assumed that just because a job is set at level 1 wages means it’s an entry level position. There are many reasons an employee may start at level 1 wages, even if the job is not entry level. For example, recent college graduates entering the workforce with Bachelors degrees but little to no work experience need a high level of guidance, training, and supervision. Company resources are allocated to these needs as the employee starts, justifying the low starting wage. This needs to be explained in an expert opinion letter, along with a detailed job description and employer support letter.

If you or your client or employee has a borderline occupation or works as a computer programmer, visit us at ccifree.com or simply reply to this email for a no cost and no obligation full review of your case, or your client or employee’s case. At TheDegreePeople.com, we work with RFEs every year. We know what triggers them, and we know how to answer them, and most importantly, we know how to prevent them. We will review the entire case, and get back to you within 48 hours with a full analysis, pre-evaluation, and our recommendations moving forward.

Prepare for Tough RFEs for Specialty Occupation this H1B Season Read More »

Attention: H1B Quota Opens April 1st for Fiscal Year 2019!

Credential Evaluation, Immigration, Visa Approvals

April 1st is coming right up! This is the date when CIS begins accepting cap-subject H1B petitions, and at TheDegreePeople, we predict the quota will be met within 5 business days.

While demand for H1B visas continues to rise, there are still only 65,000 visas available for employees with US Bachelors degrees or their equivalency or higher, and an additional 20,000 for employees with US Masters degrees or their equivalent or higher. Last year, CIS accepted 236,000 petitions in five days. CIS is required to accept petitions for at least five business days, or until the quota has been exceeded.

We predict that this year will be no different, giving beneficiaries, their employers, and their lawyers a very small window to file. When the number of petitions exceeds the visas available, CIS uses a randomized lottery to select visas. That means you need to be all ready to file on April 1st.

While there’s nothing you can do for yourself, or your employee or client against lottery odds, you can make sure they 1) get into the lottery by filing on April 1st, and 2) file an impeccable petition that will be easy to approve.

When you’re organizating the petition, keep in mind that some jobs and degrees are RFE magnets. For example, the Indian three-year bachelors degree will likely trigger an RFE if there is no credential evaluation included in the petition that converts work experience into a fourth year of college credit. The job Computer Systems Analysis tends to trigger RFEs because there are hardly any US bachelors degree majors with that exact title. That means candidates with this job need to include a credential evaluation with their petition that shows they have the equivalent of a degree in Computer Systems Analysis or an RFE will arrive instead of approval.

Last year, we saw an unprecedented number of RFEs for computer programmers at level 1 wages. If your, or your employee or client is in this situation, you will want to include an expert opinion letter explaining why the job meets H1B specialization requirements.

Before you file, let us review your case. We have experts and credential evaluators on hand to write the evaluation or opinion letter your client needs to prevent an RFE. Visit ccifree.com for a no charge and no obligation review of your petition, or your employee or client’s petition before you file. We will get back to you in 48 hours or less with a full analysis and pre-evaluation, along with our recommendations.

Attention: H1B Quota Opens April 1st for Fiscal Year 2019! Read More »

Your H1B Checklist for FY 2019

Credential Evaluation, Immigration, Visa Approvals

April 1st is coming up fast and that means it’s time to get started on H1B petitions for fiscal year 2019.

For the past few years, the H1B quota of 65,000 visas and an additional 20,000 for candidates with US Masters degrees or higher or their equivalency has been met within the mandatory five business days that CIS must continue to accept petitions, causing the H1B lottery.  This year, we predict the same situation. That means you need to be ready to file right on April 1st.

Before you file, make sure your petition, or your employee or client’s petition is seamless.  With so many petitions and so few annual cap-subject visas available, CIS is on the lookout for shortcuts to make their job easier.  Don’t let your petition, or your employee or client’s petition raise any red flags.  Make sure the requirements are met, and always be aware of common RFEs and CIS approval trends.  At TheDegreePeople, we work with difficult cases and RFEs every year and we keep a close eye on what CIS is doing.  Based on what we’ve seen over the past few years, here are some things to keep in mind when organizing the petition:

1. Does the job meet H1B requirements for specialization?

To qualify for H1B eligibility, the job must have a minimum requirement of a US bachelors degree or higher or its equivalent.  To prove this, include the ad for the job that specifies its requirements, and include evidence that similar jobs in the industry require the same credentials.  If this job requires a unique level of specialization that is unusual to the typical occupation, include a detailed description of the job and its duties and an expert opinion letter explaining why this job requires an advanced degree to perform.

Last year, CIS used this H1B requirement to issue the Level 1 Wages RFE to an unprecedented number of computer programmers petitioning for H1B status.  Their reasoning was that according to the Occupational Outlook Handbook by the US Department of Labor, entry level computer programmers are sometimes hired with only a US associates degree, which does not meet the H1B requirement of a US bachelors degree or higher.  This RFE caught everyone off guard and we won’t know until RFEs come out for the FY 2019 round of petitions whether or not measures to prevent this RFE will work.  However, if you, or your employee or client has this job at this wage level, here are our recommendations:  If you can, set the job at Level 2 Wages, or indicate a different occupation if you can.  The second option gets tricky because the job on the LCA must match the job on the H1B petition.  Before you try to fit your job, or your employee or client’s job into a different category, consult with us to make sure the job title fits the description, and that the job indicated also meets H1B requirements.  If you cannot take either of these measures, include an expert opinion letter that explains why this job meets H1B requirements.  We have experts on hand 24/7 to help you with this, and we have had great success in answering these RFEs.

2. Does the beneficiary and the employer have an employer-employee relationship?

To meet H1B requirements, the employer must be able to hire, fire, promote and demote, pay, and otherwise control the work the employee does.  Along with this relationship comes the H1B requirement to pay the H1B employee the prevailing wages and benefits for similar jobs in that industry in that geographical location.  To prove this, include a copy of the employment contract and documentation that details the nature of the employee’s work.

This is another area that CIS came down on H1B candidates last year with the Level I Wages RFE.  This issue can be addressed through the means mentioned above.  More importantly, it is important to explain the CIS in the expert opinion letter that just because a job is set at Level 1 Wages doesn’t mean it is entry level, and if it is not entry level, it does not mean that the employee is being underpaid.  That’s not how wage levels work; there are many factors to be taken into consideration that must be detailed in the expert opinion letter.  Including this with the initial H1B petition may be the key to preventing this difficult new RFE.

3. Does the beneficiary clearly meet H1B educational requirements for the job?

H1B educational requirements state that to be eligible the beneficiary must have a US bachelors degree or higher or its foreign equivalent.  You, or your employee or client must hold an advanced degree that meets the requirements for the H1B job.  For the better part of the past decade, CIS approval trends have shown that the degree specialization must be an exact match for the job title.  This is where things get tricky.

If the degree specialization is not an EXACT match for the field of employment, the beneficiary will need a credential evaluation that utilizes years of progressive work experience and a close examination of the courses taken within the degree program to write an evaluation that solidifies the equivalency to the correct degree in the correct field.

If the degree was earned outside of the United States, you will need to include a credential evaluation that clearly spells out the academic value of the degree in terms of US educational standards.  Some degrees, like the Indian three-year bachelors degree, are RFE magnets because CIS is hung up on the missing fourth year even if there are an equal or greater number of actual classroom contact hours in the three-year degree.  Some jobs like Computer Systems Analysis are RFE targets because there are very few colleges and universities that offer that specific major track.

For these two circumstances, you will need a professor with the authority to issue college credit for work experience to write an evaluation that converts years of progressive work experience in the field of the job into years of college credit.  Progressive work experience means that the nature of the work became more complex and specialized, and the beneficiary took on more responsibility as the work experience progressed.  This indicates that skills and knowledge specialized to the field were learned on the job.  At TheDegreePeople, we have professors on hand with the authority to write these evaluations.

The final hangup with regards to education that tends to trigger an RFE happens when a beneficiary has a degree that doesn’t have the word “degree” in the title.  For example, the Indian Chartered Accountancy certification is actually the equivalent of a US bachelors degree in accounting.  The Canadian Chartered Accountancy and the US CPA are not bachelors degree equivalents.  If you or your client or employee has earned an Indian Chartered Accountancy certification, this credential DOES meet H1B eligibility requirements. You will need to submit a credential evaluation with the H1B petition that clearly describes the steps of education and exams – matriculation structure – required to earn this certification to show that the steps involved are equivalent to a US bachelors degree in accountancy.

Before you file, let us review your client’s entire case to make sure there are no red flags, missing documentation or analysis, or gaps between the beneficiary’s job and education, and H1B eligibility requirements.  Simply visit ccifree.com and submit the educational documents, resume, and job description and we will respond within 48 hours with a full analysis and pre-evaluation of the case, and our recommendations for how to preempt an RFE for the FY 2019 filing season.

Your H1B Checklist for FY 2019 Read More »

H1B Job Specialization: What's Wrong with the Level 1 Wages RFE

Credential Evaluation, Immigration, Visa Approvals

This RFE posits that the job of computer programmer at Level 1 Wages is not specialized to meet CIS requirements for the H1B visa.

To qualify for H1B status, the beneficiary’s job must require a minimum of a US bachelors degree or its equivalent, and the beneficiary must hold the necessary credentials in that field.  The purpose of the H1B program is to attract bright minds to US colleges, universities, and graduate programs with the option to remain in the country to work having qualified for H1B status after graduation, and also to attract highly skilled workers to the US who have already earned advanced degrees to jump right into the workforce.  Strengthening and furthering the development of STEM industries in the US is one of the central purposes of the H1B program, and computer programmers are essential to this goal.

That’s why this particular RFE is so damaging – it directly targets computer programmers, particularly recent college graduates who require a high level of supervision as they enter the workforce after having earned their bachelors degrees.

Here is the gist of what CIS says in the RFE:  Computer programmers at Level 1 Wages do not meet H1B job specialization requirements because, according to a passage in the US Department of Labor’s Occupational Outlook Handbook, some employers will hire entry level programmers with only a US associates degree.  This wrongly assumes that just because a job is set at Level 1 Wages it is automatically entry level.  This also ignores the other part of that same passage in the Occupational Outlook Handbook that states employers will usually require a US bachelors degree as a minimum requirement for entry level programmers.

The solution is a thorough expert opinion letter that analyzes the holes in the rationale of the RFE, accompanying a detailed job description.  We have experts on hand 24/7 ready to help you.  Let us review your case, or your employee or client’s case at no charge and no obligation.

Please send the following documents to [email protected]:

– LCA

– Beneficiary Resume and Educational Documents

– Employer Support Letter

– Detailed Job Description

– RFE

We will get back to you in 48 hours or less with a full analysis of the case and our recommendations on how to move forward to get the RFE overturned and the visa approved.

H1B Job Specialization: What's Wrong with the Level 1 Wages RFE Read More »

H1B RFE of the Year: Level 1 Wages

Credential Evaluation, Immigration

Virtually every year, CIS gives us a new challenge to overcome, and every year, we learn how to answer it.  The Level 1 Wages RFE is no different.  It just means we have to do our research and documentation better than CIS does in the RFE.

When it comes to the Level 1 Wages RFE, it takes expert opinion letters and extensive citations and documentation that shows the job of computer programmer at this wage level is specialized to meet H1B requirements.  This means, the job must require a minimum of a US bachelor’s degree or its foreign equivalent.

CIS states that the job of computer programmer at Level 1 Wages does not meet H1B specialization requirements because entry level computer programmers are sometimes hired with just a US Associates degree.  While on its face, this may seem reasonable, but it just takes a little more research and documentation to debunk the justification of this RFE:

First, just because a job is set at Level 1 Wages doesn’t mean it’s entry level.  One big example that particularly applies to H1B eligible computer programmers is that these workers are often fresh out of college.  Having completed a Bachelors degree, but not having the hands on experience working in the field means employers must provide a high level of training and supervision as these workers begin.  Hence, the job is set at Level 1 Wages.

Second, CIS cites a passage in the US Department of Labor’s Occupational Outlook Handbook where it says that sometimes employers will only require entry level computer programmers to have a US Associates degree.  However, that same passage also states that this is unusual and employers typically require their entry level programmers to have a US Bachelors degree.

If you or your employee or client received a Level 1 Wages RFE, we can help.  Simply send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full review of the case and our suggestions on how to best proceed.

H1B RFE of the Year: Level 1 Wages Read More »

What does the Level 1 Wages RFE Mean for the H1B Visa?

Credential Evaluation, Immigration

There are a couple of particulars about this RFE that make it especially threatening to the H1B program at large.  This RFE targets computer programmers at wage level 1, claiming that this means it’s an entry level position and employers will hire entry level computer programmers with only a US Associates degree.  They cite a passage from the Occupational Outlook Handbook that states this.

The problems are as follows: the same passage states that typically employers will require a minimum of a US Bachelors degree, which satisfies the H1B educational requirement that a beneficiary must have a US Bachelors degree or higher or its foreign equivalent.  The second problem is that just because a job is set at level one wages doesn’t mean it’s an entry level position.

Here is why this is dangerous: this RFE indirectly targets foreign students that come to the US for college.  The H1B visa is an incentive to attract bright minds from around the world to US academic institutions because it offers them the opportunity to stay in the country after college to contribute their ideas, insight, knowledge, and ability to the US workforce, particularly in STEM industries where it is needed the most.  Computer programmers working at level 1 wages are likely to be fresh out of college and just entering the workforce.  The low wage level is set not because it is entry level, but because a high level of training and supervision is still required on the part of the employer for recent graduates just entering the workforce as they acclimate to applying their learned skills to the work environment.

The Level 1 Wages RFE is a deterrent for international students as well as international workers, and it’s up to all of us to fight it.  Just as we’ve cracked the code of the dreaded Nightmare RFE in years passed, we’ve also learned how to address this new RFE.

If you or your employee or client has received a Level 1 Wages RFE, let us review the case at no charge and no obligation.  Simply send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full review of the case, and our suggestions on how to move forward to successfully overturn the RFE.

What does the Level 1 Wages RFE Mean for the H1B Visa? Read More »

How to Use the Level 1 Wages RFE as a Tool

Credential Evaluation, Immigration

It seems like every year CIS is coming out with a new difficult RFE to throw H1B beneficiaries and their employers and attorneys a curve ball.

This year, we were all caught off guard by the Level 1 Wages RFE that targets computer programmers. As with all other years, this RFE is an opportunity to strengthen your case, or your client or employee’s case when you respond to it. In fact, your response to this RFE should be viewed as a tool to do this, and to preempt a second round of RFEs.

When you respond to the Level 1 Wages RFE, it’s important to be aware of other risks involved in your case, or your client or employee’s case. Some jobs, like Computer Systems Analyst, are RFE magnets. Some degrees, like generalized degrees or the Indian three-year Bachelors degree, also attract a disproportionate number of RFEs. If a candidate’s degree is not an exact match for their H1B job, CIS is likely to issue another RFE about that issue when you answer the first. That’s why when we answer the Level 1 Wages RFE, we review our clients’ entire case and write a credential evaluation that preempts these situations.

Don’t let the Level 1 Wages RFE catch you off guard or distract you from the classic RFEs we’ve seen year after year, because they haven’t gone away.

For a no charge and no obligation review of your case, or your employee or client’s entire case, please send the following documents to [email protected]:

• Candidate’s education documents and resume

• Employer support letter

• LCA

• Detailed job description

• RFE

We will get back to you in 48 hours or less with a full analysis of your client’s case and our suggestions on how to move forward answering the initial RFE and preventing the next.

How to Use the Level 1 Wages RFE as a Tool Read More »

Level 1 Wages: Who is to Blame for this RFE?

Credential Evaluation, Immigration

Sometimes, the attorney filed the petition wrong. Sometimes, the candidate simply doesn’t have the credentials to meet H1B requirements. Sometimes, the candidate does have the qualifications but the credential evaluation to prove it was either not included or written without consideration of the job or H1B visa. Sometimes, the job doesn’t meet CIS requirements for specialization.

However, when it comes to the Level 1 Wages RFE, CIS is to blame.

This RFE hit the H1B world this season from out of nowhere with unprecedented scope, targeting computer programmers working at Level 1 Wages. No one saw it coming, and everyone is scrambling to answer it.

In this RFE, CIS claims that computer programmers working at Level 1 Wages are entry level computer programmers, and that entry level computer programmers can be hired with only a US Associates degree as a credential. Since H1B requirements state a qualified candidate must hold a US Bachelors degree or higher or its equivalent, CIS claims that the job doesn’t meet specialization requirements for H1B status. CIS cites a passage in the Department of Labor’s Occupational Outlook Handbook that states sometimes employers will hire entry level computer programmers with Associates degrees.

There are several problems with this. This first and most obvious is that just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position. That’s not how wage levels work. One of the main goals of the H1B program is to attract bright minds from around the world to US colleges and universities so they can stay on with H1B jobs working in STEM industries – industries in which the US desperately needs more highly skilled workers. After graduating with a Bachelors degree, candidates have little to no experience on the job even though they possess the specialized skills and understanding, as well as the degree. These workers still need a high level of supervision and guidance, which factors into their low starting wage. There are other nuances that effect how wage levels are set that CIS doesn’t take into consideration with its reasoning.

Second, that same passage in the Occupational Outlook Handbook also states that in most cases, employers will require a minimum of a US Bachelors degree for entry level computer programmers.

CIS is wrong on both fronts, and this RFE is their fault. This doesn’t change the fact that it’s on us to answer it.

At TheDegreePeople.com, we work with difficult RFEs every year, and we are always able to find creative solutions that work. For a free review of you or your client or employee’s case, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume

• Employer Support Letter

• Detailed Job Description

• RFE

We will get back to you in 48 hours or less with a full analysis of your case, or your client or employee’s case, and our recommendations of how to address this RFE and preempt a second round of RFEs in the process.

Level 1 Wages: Who is to Blame for this RFE? Read More »

Who's Fault was the Level 1 Wages RFE?

Credential Evaluation, Immigration

In the past few years, the prevalence of RFEs for H1B visas has skyrocketed.  This year, the RFE that caught us all off guard was the Level 1 Wages RFE that targets computer programmers.

But whose fault was that RFE?  Someone dropped the ball and figuring out who did it is essential to solving the problem.

Sometimes it’s no one’s fault.  This year, no one saw the Level 1 Wages RFE coming.  The H1B petition could be perfectly filed taking into consideration all of the classic RFE preemptive measures we’ve learned from the past few years and you, or your employee or client could still have run into problems.

Sometimes it’s the fault of CIS.  The Level 1 Wages RFE is the fault of CIS.  To justify this RFE, CIS cites a passage from the Occupational Outlook Handbook that states entry level computer programmers are sometimes hired with only a US Associates degree.  This does not meet H1B specialization requirements.  However, this wrongly assumes that jobs set at Level 1 Wages are always entry level positions, which is not the case.  It also ignore a passage from the same book in the same section that states that usually employers require entry level computer programmers to have a US Bachelors degree as a minimum requirement.  Even though this RFE is the fault of CIS, you still have to answer it.

Sometimes it’s the employer’s fault.  If the job can be set at Level 2 Wages, or the job duties can fit a different occupation that doesn’t run the risk of the Level 1 Wages RFE, employers should work with the attorney and credential evaluator to determine what occupation and wage level to indicate on the LCA.  Keep in mind that the occupation must be consistent across all documents involved in the overall H1B petition.  Having a different occupation indicated on the LCA than on the petition itself is a huge RFE magnet.

Sometimes it’s the evaluator’s fault, sometimes it’s the fault of the candidate.  In the case of the Level 1 Wages RFE, it’s come down to the question of specialization of the job itself.  To answer this RFE, you, or your employee or client will need an expert opinion letter addressing the misconceptions about wage levels and the job’s degree of specialization.  Including a detailed credential evaluation in the response to preempt any resulting questions about whether or not your employee or client has the specialized education to perform the duties of the job in question.

To have us review your case, or your client or employee’s case at no charge and no obligation, please send the following documents to [email protected]:

• LCA

• Beneficiary resume and educational documents

• Employer support letter

• Detailed job description

• RFE

We will get back to you in 48 hours or less with a full analysis of your case, or your client or employee’s case and our suggestions of how to move forward in your response.

Who's Fault was the Level 1 Wages RFE? Read More »

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