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

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

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

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

Credential Evaluation, Immigration, Visa Approvals

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

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

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

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

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

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

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

Preventing More RFEs: Two H1B RFEs to Always Answer Together

Credential Evaluation, Immigration, Visa Approvals

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

Here’s how you do it:

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

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

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

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

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

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

How to Prevent a 2nd Round of H1B RFEs with Your First Answer

Credential Evaluation, Immigration, Visa Approvals

The trick is to provide evidence to support all aspects of H1B requirements in the first answer, even if the RFE didn’t specifically ask for it. Just meeting the evidence requests in the first RFE may seem daunting enough without the addition of having to preempt a second round, but trust me, it’s worth it. It will save you a lot of time, money, and headache later on.

At TheDegreePeople, we review each client’s entire case and make sure all of the bases are covered. H1B elligibility means the beneficiary is working a specialty occupation that requires a minimum of a US bachelor’s degree or its equivalent as a minimum qualification to be hired. The beneficiary must hold the required degree in the exact field of the specialty occupation. The employer must pay the employee the prevailing wage for that job in that field for companies of that size in that geographic location, and the employer must be able to hire, fire, promote, supervise, and otherwise control the work the employee does.

For H1B employees working at third-party consulting firms, you must show that there are projects lined up for the employee to perform over the course of their H1B status.

We review each case and the associated RFE and make sure to address any discrepancies between the requirements and the petition. That means addressing why the wage level is set as it is, why the job requires an advanced degree, and addressing the education situation. If you or your employee or client has a degree in a different field – even if it’s related – or a degree from outside of the US or never completed a bachelor’s degree, you will need to include a credential evaluation that closes the gaps between your education, or your employee or client’s education and H1B educational requirements.

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

How to Prevent a 2nd Round of H1B RFEs with Your First Answer Read More »

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

Credential Evaluation, Immigration, Visa Approvals

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

Here’s how it works:

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

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

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

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

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

Back to the Basics: How to Answer a Difficult H1B RFE

Credential Evaluation, Immigration, Visa Approvals

Ten years ago, receiving an H1B RFE was a relatively rare occurrence. Today, H1B applicants have about a one in three chance of getting an RFE instead of an approval.

What does this mean for FY 2019 H1B beneficiaries? There is a strong chance the petition will receive an RFE. This does not mean the end of the case, it’s a chance to fortify the case for approval. If you, or your employee or client receives an H1B RFE – even if it’s a double employment issue RFE or the Nightmare RFE that is virtually impossible to answer by its own instructions – the first step is to read it through carefully. Then, put it down and go back to the basics.

Go back to the original H1B eligibility requirements and identify which one is lacking in supporting evidence.

For a job to qualify for H1B eligibility, it must be a specialty occupation. That means as a minimum for entry into the position, the candidate must have a US bachelor’s degree or higher or its equivalent. CIS requires the degree be in the exact field of the H1B job, even if an employer will hire a candidate with a degree in a related field. That means if the job and the degree are not an exact match, evidence must be provided in the petition to fill in the gap. If this job in question does not typically require an advanced degree but this position is uniquely specialized, evidence clearly explaining why accompanied by an expert opinion letter to back it up is required to answer RFEs pertaining to this issue.

The H1B beneficiary must be earning the prevailing wage for the job as is consistent with that position, in that industry, in companies of that size, in that geographic location. If this is the issue, you will need to provide documentation of the employee’s wages and the factors that went into determining the wage level accompanied by an expert opinion letter to support why the wage level is set as it is.

If the RFE inquires into both of these issues, you do not need two separate expert opinion letters. At TheDegreePeople.com, we work with experts in all industries who can cover both concerns with one letter, which means you only have to order one.

For a beneficiary to meet H1B eligibility requirements, they must hold the necessary degree in the necessary field. This gets tricky when candidates need to meet the degree requirement through means of equivalency. H1B requirements state the candidate must hold the US bachelors degree or higher or its equivalent. Candidates with education from outside of the United States, incomplete education, no formal college education, or the right degree in the wrong specialization need to submit a detailed credential evaluation along with the RFE response. This evaluation must be written with consideration of the job and the specific requirements of the H1B visa. Often, a candidate’s work experience must be added to the degree to meet specialization requirements, or to account for missing years – because of incomplete college or from a 3-year degree to account for the missing fourth year.

At TheDegreePeople, we understand that every pathway through education is different, and therefore never write a cookie cutter evaluation. We take the individual, the job, and the visa requirements into consideration along with CIS approval trends. Every year, we work with difficult RFEs and every year we answer them successfully.

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

Back to the Basics: How to Answer a Difficult H1B RFE Read More »

H1B Specialty Occupation RFEs: How to Prove Specialization

Credential Evaluation, Immigration, Visa Approvals

A common RFE we see every year is the Specialty Occupation RFE. Last year, we saw an unprecedented number of RFEs that brought up this issue pertaining to computer programmers making level 1 wages, but this issue can affect any H1B job.

To qualify for H1B status, a job must require a minimum of a US bachelor’s degree or its equivalent to gain entry into the occupation. When determining whether a job meets this requirement, CIS references the US Department of Labor’s Occupational Outlook Handbook to see what the general industry requirements are for the job at that wage level.

There are several problems that may arise to trigger a specialty occupation RFE here:

  1. While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree.
  2. Some employers will hire employees for this position without a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement.
  3. The wage level set for this particular job is misleading. This was the case with computer programmers making level 1 wages that set off the string of RFEs last season. Just because a job is set at level 1 wages doesn’t mean it’s an entry level position – there are many factors that go into determining wage levels.

If you, or your employee or client receives a Specialty Occupation RFE, make sure to thoroughly read the passage from the Occupational Outlook Handbook about your client’s job to see if the discrepancy that triggered the RFE is in the text. Then, you will need to provide evidence that this job requires an advanced degree. Evidence includes the ad for the job and ads for the same job in similar companies with in the industry that shows the degree requirements. You can also include evidence that the employer in question has a consistent history of hiring employees to this position with this advanced degree as a minimum requirement.

In addition to this evidence, you will also need an expert opinion letter that backs up the evidence provided. At TheDegreePeople, we work with experts who have the highest rate of success in answering Specialty Occupation RFEs. For a free review of your case, visit ccifree.com We have experts on hand to help you 24/7.

H1B Specialty Occupation RFEs: How to Prove Specialization Read More »

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart

Credential Evaluation, Immigration, Visa Approvals

That means, if you, or your employee or client filed on time and made the H-1B lottery, there’s a high chance your work is far from over.

Two jobs in particular attract a disproportionate amount of RFEs: Computer Systems Analysis, and Computer Programmers at Level 1 Wages. If you hold, or if your employee or client holds one of these jobs, it’s important to know what you’re up against. If you didn’t take steps to preempt RFEs that are commonly linked with these jobs, don’t panic. An RFE is not the end of the world, and there are steps you can take to rectify the situation.

First, let’s take a look at Computer Systems Analysis. The reason this job is so problematic is because CIS requires H-1B beneficiaries to hold a degree specialization that matches the job title. Computer Systems Analysis is a VERY rare degree. In fact, this degree is only available at US colleges that offer self-designed majors. India has a Computer Systems Analysis bachelors degree. However, since the Indian BCA is a three-year program this degree too will trigger an RFE if the petition doesn’t include a credential evaluation that converts three years of progressive work experience into that missing fourth year of college credit. A US masters of Computer Systems Analysis is the only degree we have not seen trigger an RFE for this job.

If your job, or your employee or client’s H-1B job is Computer Systems Analysis and they don’t hold a US masters of Computer Systems Analysis, there is a high RFE risk. Beneficiaries with an Indian BCA in Computer Systems Analysis need to include a credential evaluation with their petition as discussed above. Beneficiaries with education in a related field need to submit a credential evaluation as well that emphasizes course credits in the field of Computer Systems Analysis and converts years of progressive work experience in that field into years of college credit towards earning that specialization equivalency. If you included the right credential evaluation with the petition last week, you took effective steps to prevent this RFE. If you did not, you can still submit this credential evaluation with the RFE response.

Next, let’s take a look at the Level 1 Wages RFE that disproportionately affected computer programmers making Level 1 Wages. H-1B status is for jobs that require a minimum of a US bachelors degree or its equivalent, and for candidates who meet this degree requirement. CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine whether or not a job meets H-1B eligibility requirements. Entry level computer programmer is a borderline occupation, meaning that according to the handbook, employers sometimes hire entry level programmers with only a US associates degree, making this job ineligible for H-1B consideration.

There were two main problems with this reasoning: The first is that just because a job is set at level 1 wages doesn’t mean it’s an entry level position. Determining wage levels is a complex process that takes many factors into consideration, including how much supervision, guidance, and training a worker will need. Since many H-1B beneficiaries are just coming out of college and into the workforce, even though they have the right education, they may not have the on-the-job experience necessary to work without a high level of supervision at first. This factors into the decision to set non-entry level jobs at level 1 wages.

The second problem with CIS’ reasoning for this RFE is that in the same passage of the Occupational Outlook Handbook, the US Department of Labor states that employers will usually require a minimum of a US bachelors degree for the position of entry level computer programmer, indicating that it does meet CIS requirements for specialization.

If you hold, or your employee or client holds this position at level 1 wages, they are at a high risk of RFE. In this situation, you need to include an expert opinion letter along with documentation that this job is specialized to meet CIS requirements for H-1B status.

At TheDegreePeople, we have experts and evaluators on hand to help you. We are RFE experts and work with difficult cases and RFEs every year, and we get them overturned. For a free consultation, visit ccifree.com.

RFE Magnets: 2 H-1B Jobs that Top the RFE Chart Read More »

Degree Equivalency or False Translation? – Find Out Now!

Credential Evaluation, Immigration, Visa Approvals

When a beneficiary files for EB2 status with credentials from outside of the United States – especially if the transcripts are in a language other than English – educational documentation can get tricky really fast.

That’s because it’s easy to accidentally insert academic value judgment on a credential when translating it into English.

Preparing educational documents in order to understand whether or not the beneficiary actually meets the educational requirements for the visa in question – or can meet them through including the right credential evaluation – is a two-step process. The first is translation, and the second is academic evaluation. You would never send documents to an evaluator for translation, and so you should never expect your translator to complete the evaluation. These are two very different and very specialized services, and expecting these steps to be a one-stop shop is a recipe for an RFE at best.

Beneficiary educational documents are especially vulnerable to false translations when the credential doesn’t have the word “degree” in the title, or a word that translates into it. For example, the Indian Chartered Accountancy credential is the academic equivalent of a US bachelors degree in accounting even though the word “degree” is not in the credential. However, the Canadian Chartered Accountancy and US CPA credentials do not meet equivalency requirements for a bachelors degree in accounting and don’t have the word “degree” in them either.

Some credentials simply don’t have a direct English translation. For example, “postgraduate” degree is often mistranslated into a masters degree even though they are not the academic equivalent. The Russian credential kandidat naouk is generally the academic equivalent of a US doctorate degree, but the words do not translate into this academic value by simply translating the language into English. Another very common translation that inserts a false academic value judgment is the translation of Baccalaureate into bachelors degree. These two credentials are NOT the same.

The best practice for avoiding problems stemming from false translation of academic documents is to first have the documents translated into English word for word without any academic value judgment. The second step is to take these translated documents to a credential evaluator to determine the US academic value. At TheDegreePeople, our evaluators know how to spot common translation errors, or when a credential without the word “degree” in it is actually a degree equivalency.

For a free review of your case, or your client or employees case, visit ccifree.com. We will get back to you in 48 hours or less with a full pre-evaluation of your case, or your employee or client’s case, and our recommendations for how to best proceed.

Degree Equivalency or False Translation? – Find Out Now! Read More »

Attention: H1B Filing Opens TODAY!!!

Credential Evaluation, Immigration, Visa Approvals

TODAY MONDAY APRIL 2nd 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!

Attention: H1B Filing Opens TODAY!!! Read More »

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