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H1B RFE Season 2017 is Here! Are You Ready?


If you or your employee or client receives an RFE, don’t panic! This is frustrating, but not the end of the world. You can make the most of the RFE to strengthen the case and turn that maybe into a resounding approval.

Here’s the trick: First, sit down with your team and go over the RFE. Then, put the RFE aside and go back to the initial H1B requirements. Oftentimes, the RFE will not tell you how to answer it. In fact, some RFEs are virtually impossible to answer by their own guidelines. The secret to successfully answering an RFE is to discern which of the initial H1B requirements were not clearly met in the original filing, and then do what you can to fill in the gaps.

To qualify for an H1B visa, a candidate’s job must be a specialty occupation. That means the minimum requirements for the job include holding a US bachelor’s degree or higher to perform the tasks of that job. The candidate and employer must have an employer-employee relationship, meaning the employer can hire, fire, pay, promote, and otherwise control the work the employee does. The employer must be economically viable and pay the candidate the prevailing wages and benefits for the job without cutting into operating costs. Finally, the employee must hold the proper degree or degree equivalency in the exact field of the job.

If these requirements are clearly met, CIS will almost always approve the visa. However, CIS does have approval trends that change from year to year, and are specific when it comes to employee education.

If you or your employee or client has a degree from outside of the United States, a generalized degree, or a degree that is not an exact match for their H1B job, you will need to provide a credential evaluation that fills in the gaps between the candidate’s education and the education CIS requires. This is a highly specialized process. The credential evaluation agency you want works regularly with H1B RFE cases and follows CIS approval trends.

Before you get to far on your RFE response, let us provide a pre-evaluation with all of your options to help prevent or overturn an educational RFE. Simply go to ccifree.com and submit the educational documents and a current accurate resume along with the candidate’s job title or desired equivalence. We will get back to you within 24 hours with the pre-evaluation, a full analysis, and all of your options.

About the Author 

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

H1B RFE Season 2017 is Here! Are You Ready? Read More »

EB2 or EB3? Know which one before you file!

Oftentimes, candidates are tempted to file for EB2 instead of EB3 because the processing time can be years shorter. However, EB2 is scrutinized VERY carefully and requirements surrounding educational equivalencies for this particular visa are very strict and different from EB2. This can sometimes motivate candidates to say that the education is more than it actually is. Sometimes the misunderstanding is a mistake. Don’t take anything for granted, be 100% certain of the education you’re working with. Filing for EB2 with EB3 education successfully is a long shot and should only be done once EB3 is secured.

Before you get too far on the petition, let us review provide a pre-evaluation with all of your options so you can make the right decision about which classification to file for. Simply hit visit ccifree.com and attach the candidate’s resume and educational documents along with the job title or desired academic equivalency. We will get back to you within 24 hours with the pre-evaluation and a full analysis of all of your options.

One major difference between EB2 and EB3 is that EB3 allows for education to be combined, if, and only if it is so stated on the PERM. EB2 requires a single source degree. However, there are some interesting ways “around” it that have worked.

Both EB2 and EB3 visas are Green Card (permanent residency) visas, and the requirements are education-based for academics and skilled professionals. CIS takes two key aspects into account when assessing eligibility for these visas:

  1. The candidate’s job.
  2. The candidate’s education.

For both EB2 and EB3, the job must hold as a minimum requirement the visa’s education requirements, and the candidate must meet these requirements within CIS guidelines for equivalency. That means the candidate must hold the required degree or training for the job, and the degree must be in the exact field of the job.

EB3 is for skilled, unskilled, or professional workers. These requirements are different for the different kinds of jobs. If the job is classified as skilled work, to meet EB3 requirements the job must require at least two years of training or job experience, and the candidate must have this education or experience. For jobs classified as professional, the job must require and the candidate must hold a US bachelor’s degree or its foreign equivalent in that field. If the job is classified as “other” or unskilled, the job must require and the candidate require less than two years of training, and the job must be permanent to meet CIS requirements for EB3.

As you can see, EB3 is a broad classification that most candidates can meet. EB2 visa requirements are much more strict and have very specific requirements surrounding equivalencies for candidate with degrees from outside of the United States.

To meet EB2 requirements, candidates must either have:

  1. A US bachelor’s degree or a SINGLE SOURCE equivalent FOLLOWED BY five years of progressive work experience in the field, or
  2. A US Master’s Degree or higher or its foreign equivalent.

For candidates with education outside of the United States, meeting EB2 education requirements can be difficult because of the single source equivalency rule. The Bachelor’s degree equivalency must be a single source, so when it comes writing equivalencies for three-year bachelor’s degrees, you or your employee or client may not be able to meet EB2 standards. For example, when we work with H1B visas, when candidates have three-year degrees and at least three years of progressive work experience in the field, we can write a credential evaluation that converts the three years of progressive work experience into one year of college credit in the field, signed off by a professor authorized to issue college credit for work experience. We can then add that additional year to the three-year degree and have what CIS would accept as the equivalency of a US four-year Bachelor’s degree. The does NOT work for EB2 because the Bachelor’s degree must be a single source, so combining years of education with work experience will just result in an RFE or Denial.

If you or your employee or client has a three-year Bachelor’s degree and no additional education, their best option is to file for EB3 as a skilled worker with an Associate’s degree and work experience. Filing for EB2 would be a waste of time.

However, there are situations where a candidate DOES qualify for EB2 with a detailed credential evaluation. Before you get too far on your case or your employee or client’s case, visit ccifree.com and submit the candidate’s educational documents and a current, accurate resume, along with the job or desired equivalency. We will get back to you within 24 hours with a pre-evaluation of the candidate’s education, a full analysis, and an overview of all of your options.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.

EB2 or EB3? Know which one before you file! Read More »

The difference between an evaluation for college study, for H1B, and for I140, and why you need to know.


For example, let’s take a look at the three-year degree. Many US universities will accept an evaluation that shows the three-year degree is equivalent to a US bachelor’s degree for admission into US Master’s programs. No problem.

However, try taking that same three-year degree to CIS for H1B eligibility and you will run into trouble in a hurry. Regardless of what the evaluation says, the three-year bachelor’s degree will not be accepted for the H1B on its own. However, with a different evaluation in which work experience is added to the three-year degree by a professor authorized to issue college credit for work experience, this degree equivalency is allowed for H1B eligibility because it accounts for the missing fourth year of college through work experience.

Now comes I140. Will the same evaluation you used for H1B work for I140? No. CIS regulations surrounding combining education and work experience vary greatly between these visas. Will that same evaluation used to gain entrance into a US Master’s program work for I140? Not necessarily. For EB3, the answer is almost always yes. For EB2, if there is only a three-year degree, the answer is sometimes but not very often. But if you have a two-year Master’s and some work experience for EB2, we can provide a solution that is always approved!

Confusing? Yes.

How do you know what to do? You don’t. But the right evaluator does. If you need an evaluation for CIS, be sure you use an evaluator who understands the regulations. Otherwise, you may end up with an evaluation that is technically correct, but still results in a Denial.

At TheDegreePeople, we keep one eye on the education, and one eye on CIS. We ask questions about the visa to make sure we provide you with the best possible match based on the visa you, or your employee or client is filing.

Come to us before you file. We can review everything at no charge and eliminate any situations that simply won’t work. This will save you a great deal of time, money, and peace of mind.

For a full analysis and pre-evaluation of any case, simply visit www.ccifree.com, fill out the short form, and attach all required documents. We will get back to you in less than 24 hours at absolutely no charge with all of your options.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

The difference between an evaluation for college study, for H1B, and for I140, and why you need to know. Read More »

RFE Solutions: Your RFE Won’t Help You Answer It!


Here’s a hint: The answer to the RFE is NOT in the RFE itself.

CIS will not help you and the RFE will not tell you how to answer it. Looking to the wording of an RFE for your answer is a roadmap to failure. Some RFEs, like the Nightmare RFE, are virtually impossible to answer based on its own wording. Does this mean it’s impossible to answer? Absolutely not! You’ve just got to look elsewhere.

So when the RFE arrives, read it over with your team, then put it away and go back to the initial H1b requirements. See which requirements the initial petition was incomplete in providing evidence for having been met. Then, meet these requirements in a way that CIS can clearly assess.

  1. The job must be a specialty occupation.
  2. The candidate must hold a US bachelor’s degree or its equivalent or higher in the field of this specialty occupation.
  3. The candidate and the employer must have an employer-employee relationship.
  4. The candidate must be paid prevailing wages and benefits for the job for companies of that size in that geographical location.

Which of these four requirements is lacking? For qualifications 3 and 4, you can provide the employee contract that shows the nature of the duties you or your employee or client will be performing and the requirements and codes of conduct of the work place. Provide paystubs and W2 information along with documentation about similar jobs for similar companies in that geographic location to show that you or your employee or client is receiving the prevailing wages and benefits.

If the petition is lacking in the first qualification, you need to show that the job requires an advanced degree, and specialized skills and knowledge to perform. To meet this requirement, you can provide the advertisement for the job that includes minimum qualifications for the job. You should also provide ads for similar jobs in the same industry for companies of a similar size and scope. If this particular job has higher requirements than similar jobs because this situation uniquely requires specialized knowledge, include an expert opinion letter clearly explaining why this is the case.

Requirement 2 has become trickier every year. In the past, CIS has approved the visas of candidates with degrees in fields related to their specialty occupation. Now, candidates must have a degree that is an exact match for their job. Before you get bogged down in the wording of your RFE, find out what the education situation is and what you can do about it to answer the RFE. Simply go to ccifree.com and submit a current resume and the candidate’s educational documents. Indicate the job and desired degree equivalency and specialization, and we will get back to you within 24 hours with a pre-evaluation and analysis of your options.

If the degree is not an exact match for the specialty occupation, a credential evaluation that converts years of work experience in the field into college credit towards a US bachelor’s degree in that major is needed.

Candidates with degrees from outside of the US also run into trouble with this requirement, particularly candidates with 3-year bachelor’s degrees from India. If you or your employee or client earned the degree from outside of the US, do not submit it without a credential evaluation. Transcripts must be translated and evaluated. These are two very different, and VERY specialized services that cannot be grouped into a one-stop shop. The value of a degree gets lost in translation, and sometimes there is no direct translation for a degree from abroad. Sometimes, degrees do not have the word “degree” in the title but are the functional equivalent of a US bachelor’s degree. Be sure this is a two-step process that first utilizes the services of a translation agency, and THEN utilizes the services of a credential evaluation agency.

Before you get too far into answering the RFE, let us provide a pre-evaluation of the candidate’s education to help overturn an educational RFE. Simply go to ccifree.com and attach the candidate’s educational documents and a current resume, along with the job title and desired degree specialization. We will get back to you within 24 hours with a full analysis and all of your options.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

RFE Solutions: Your RFE Won’t Help You Answer It! Read More »

What is a Degree? – Find out Before You File!


Before you file, make sure you know what education you’re working with. All you have to do is go to ccifree.com, let us know the visa and job, and attach the candidate’s educational documents and resume. Within 24 hours, we will send you a pre-evaluation and full analysis of all of your options. You will know what you’re working with, and be able to move forward accordingly.

It’s not uncommon for candidates to insist that their high school diploma is a college degree, or for a translated document to report a false academic equivalency.

This happens for two main reasons. First, many degrees don’t actually have the word “degree” in the title. When this is translated, it is unclear whether or not the candidate actually has earned the postsecondary education necessary to meet the academic qualifications for their visa. On the same note, some credentials that do have the word degree in the title are not the academic equivalent of US postsecondary education, and some credentials don’t have the word “degree” in the title and are not degrees, period. Some countries have the same titles for different education. For example, the Indian Chartered Accountancy certification is the equivalent of a US bachelor’s degree in accounting while the Canadian Chartered Accountancy certification is not.

The second reason this happens is because when documents are translated from their original language into English, some degree titles don’t actually have a direct linguistic translation into English. Others do, but the academic value is different. It’s easy for translators to accidentally insert misinformed judgment into the academic value of a degree through translation. It is always best for translators to simply perform a direct translation and then have the documents passed onto a credential evaluator for the next step.

Understanding the value of a foreign degree requires a complex, specialized understanding of international education. Understanding the structures of education and the educational steps required to earn each credential, as well as international trade agreements, graduate program admissions trends, CIS trends and precedents, and federal case law is required to write an accurate evaluation that CIS will understand and accept.

Before you file, make sure you, or your employee or client has the right education for the visa. If you’ve already received an RFE, it’s not too late! Simply go to ccifree.com and submit the educational documents and a current resume, and indicate the visa and job. We will get back to you within 24 hours with a pre-evaluation of your case and all of your options for evaluation.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

What is a Degree? – Find out Before You File! Read More »

EB2 RFE OVERTURNED for Mismatched Education


A common RFE for this visa is that the education does not match the job on the PERM. But what if you or your employee or client DOES have a post-graduate degree in their field? Turns out, oftentimes a candidate will have post-graduate degree from an unaccredited institution. CIS only accepts degrees from accredited institutions. There are many unaccredited STEM industry programs that offer high-quality education and prepare graduates for jobs requiring highly specialized skills. However, unless these institutions are government accredited, CIS cannot approve these applicants’ visas with the education alone.

To make matters more complex for the EB2 classification, candidates may have a US bachelor’s degree or its equivalency in a field that does not match their EB2 job, and a post-graduate degree from an unaccredited institution that matches the job on the PERM. However, since the post-graduate degree is from an unaccredited institution, candidates are left with only a bachelor’s degree in an unrelated field. That’s when CIS issues an RFE.

The first step to overturning this RFE is to avoid it in the first place. Go to ccifree.com and attach your or your employee or client’s education and resume, and tell us the EB2 job and we will let you know if the education will work or not within 24 hours, along with a full analysis of your options. If you or your employee or client has education from an unaccredited institution, you need to know about that before you file because it will NOT go unnoticed by CIS when they review the petition.

If it’s too late and you’ve already received an RFE, simply go to ccifree.com and attach the candidate’s resume and educational documents, along with the job title. We will get back to you within 24 hours with a full pre-evaluation and analysis of your options.

There is federal case law that allows work experience to be used to meet EB2 educational requirements. It is highly complex and requires very detailed credential evaluation including a lot of documentation, analysis, and CIS handholding.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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H1B Case Study: Approved with NO College Credit!


The question isn’t can an H1B candidate be approved without any college credit, but rather how much progressive work experience is needed.

As an equivalency, CIS accepts three years of progressive work experience as the equivalent of one year of college credit. This equivalency must be written by a professor with the authority to grant college credit for work experience. Progressive work experience means the candidate took on more responsibility and complexity with time, indicating that the nature of the work experience was educational and increasingly specialized. This work experience must be in the candidate’s EXACT field of employ to meet CIS specialization requirements for H1B visa approval.

If you or your employee or client has no college credit or no degree from a government accredited institution, twelve years of progressive work experience in the field is needed to make this equivalency work.

Sometimes, candidates say that their high school diploma is a college degree. Other times, candidates hold credentials from programs that are not government accredited. If this is the case, you need to know about it before you file the H1B petition. Take your transcripts, or your employee or client’s transcripts to a credential evaluator who can identify what kind of educational background you or your employee or client has, and whether or not the institutions are accredited. Evaluators with experience working with H1B cases can also identify whether or not work experience is “progressive” and will count towards a college credit equivalency.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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You Can Sidestep the Most Common H1B RFEs


At TheDegreePeople, we help our clients answer H1B RFEs every year. Sometimes you can’t control whether or not you or your employee or client receives an RFE because CIS makes mistakes. However, there are a handful of common RFEs that can and should be avoided. Based on recent years, here are two of the most common RFEs that can be easily avoided by anticipating the evidence CIS requires in the initial filing.

Degree does not match the job title

We expect this CIS approval trend that emerged about six or seven years ago to hold strong. Your degree, or your employee client’s degree must be an exact match for the job. H1B visa holders must work specialty jobs and have the specialized skills and expertise required to perform the duties of these jobs. To prove specialization, you or your employee or client must either hold a degree in that exact field, or have the individual credits and work experience to write an equivalency to that exact field. For example, if you or your employee or client has a job in finance and a Bachelor’s degree in business, you need to include a credential evaluation that takes a close look at the candidate’s courses taken in finance, as well as work experience in the field of finance. Work experience – so long as the candidate took on progressively more responsibility through this work – can be converted into years of college credit with three years of work experience equating to one year of college credit in the field. This evaluation is necessary to sidestep this VERY common RFE.

Three-year bachelor’s degree

At TheDegreePeople, we work with many clients with Indian three-year Bachelor’s degrees. Every year, we see that without a credential evaluation, virtually all of these clients receive an RFE. In the past, we’ve been able to answer these RFEs by showing that the course content of three-year degrees is the equivalent to a US four-year bachelor degree by converting classroom contact hours into college credit hours using the Carnegie Unit conversion of fifteen classroom contact hours to one hour of college credit. However, last year it did not work. Luckily, we always have a plan B.

This year, if you or your employee or client has a three-year bachelor’s degree, you should understand right off the bat that your client will need a work experience conversion to get the H1B visa approved. CIS is hung up on that missing fourth year, and at the end of the day, it’s up to them whether or not to approve your visa, or your employee or client’s visa. Consult with a credential evaluation agency about the candidate’s education and work experience and include a credential evaluation with a work experience conversion in the initial H1B filing on April 1st.

If either or both of these situation matches that of you or your employee or client, do not file without the appropriate work experience conversion. It’s important to remember that not all credential evaluation agencies are authorized to make this work experience conversion. Only a college or university professor is authorized to issue college credit for years of progressive work experience. The credential evaluation agency you want to work with has these professors on staff or on contract to write the evaluation you or your employee or client needs to sidestep an education RFE.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

You Can Sidestep the Most Common H1B RFEs Read More »

How Can You Avoid that H1B RFE?


st is right around the corner and you want to make sure you have the time you need to file a petition that’s going to be approved.

In the haste of preparation, it’s important to keep in mind that the rate of RFEs is high and climbing, and submitting a petition that doesn’t meet H1B requirements is a costly waste of time. Meeting H1B educational requirements clearly and initially is the key to visa approval. Successful H1B candidates must hold a US bachelor’s degree or higher or its foreign equivalent in their field of employ. This sounds simple enough, but matters get tricky when a candidate holds a degree or vocational certificate from outside of the United States.

Many candidates are misinformed about their US educational equivalent. This leads to submitting petitions that are doomed to failure. For example, some candidates have earned diplomas and certificates that are not the equivalent of degrees in the United States. Sometimes, the value of the degree gets lost in translation into English. Some vocational certifications from other countries ARE the equivalent of a US bachelor’s degree even though the US vocational certification is not. Foreign credential evaluation is a highly nuanced process that encompasses international education, college and graduate program admissions policies, international trade and commerce agreements, federal case law, and CIS precedent decisions. All of these factors come into play when discerning whether or not you education, or your employee or client’s education meets H1B requirements, and does so with respect to CIS approval trends.

Before you get too far on the H1B petition, take the candidate’s education and work experience to a credential evaluation agency. The right agency for you works regularly with H1B cases and their RFEs. When you call or email, they will respond promptly and ask about your or your employee or client’s job and visa. If the agency does not ask about the job and visa, look elsewhere.

Don’t file an H1B petition with the wrong education. If a candidate does not meet CIS educational requirements with their foreign degree, they may be able to meet equivalency requirements by including a work experience conversion with a detailed credential evaluation.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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Your H1B Job and Education: Tips for Proving Specialization

Specialization, H1B visa status is for foreign workers with advanced degrees working specialty occupations. These jobs require a US bachelor’s degree or higher or its foreign equivalent as a minimum requirement. Additionally, CIS requires the degree to be in the exact specialization of the job, as has been proven by recurrent CIS approval trends over the past five plus years.

If you or your employee or client is applying for H1B visa status, you have two jobs:

  1. Clearly show that the job is a specialty occupation.
  2. Clearly show that the candidate has the specialized skills and knowledge necessary to perform the duties of this occupation.

You can do this by providing evidence and documentation about the nature of the beneficiary’s job and education.

Proving Occupational Specialization

To do this, you must clearly show that the job requires the minimum H1B educational requirements to perform. In the petition, include the ad for the job showing with the minimum requirements are. Also include ads for similar jobs in the same industry to show that this level of specialization is standard for this specific occupation, and not just tailored to meet the needs of you or your employee or client’s visa.

If the job does require unique specialization that similar jobs for similar companies do not, include an expert opinion letter about why this is the case. Industry experts, a detailed explanation from the employer, and other reputable professionals are necessary to prove that the job meets H1B specialization requirements.

Proving Educational Specialization

Once you have clearly shown that the job is a specialty occupation, now you must show that you or your employee or client meets the educational requirements for the job, H1B requirements, and CIS approval trends.

To do this, you or your employee or client must hold a US bachelor’s degree or higher or its foreign equivalent in the exact field of the specialty occupation. That means if the job is in Computer Systems Analysis, the degree must be in Computer Systems Analysis. If the job is in Chemistry, the degree must be in Chemistry.

If you or your employee or client holds a degree in a related field, this will not work for CIS. What also won’t work for CIS is having a degree from outside of the US. Both of these situations require an extra step when organizing the petition: credential evaluation.

Take the beneficiary’s education and work experience to a foreign credential evaluator with experience working with H1B visas and their RFEs. These evaluators know what CIS is looking for and what tends to trigger an RFE. They understand what CIS needs to evidence equivalency, and these needs change. For example, if you or your employee or client has a three-year bachelor’s degree from India, CIS will not accept that this is the equivalency of a US four-year bachelor’s degree even if it has the same or greater number of college credit hours. CIS needs a work experience conversion, wherein three years of progressive work experience in the field can be converted to one year of college credit in the field by a professor with the authority to do this. Many credential evaluation agencies work with professors with this authority for this very reason. This conversion can also be used to write an equivalency to the degree in the correct field to prove that you have, or your employee or client has the specialized skills and knowledge necessary for the specific H1B job.

If you or your employee or client has a degree from outside of the United States, or a degree in the wrong specialization, do NOT submit the petition without a credential evaluation. Without one, you have not proven specialization, which is the key aspect of this visa.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800 771 4723

 

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