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How You Prepare for a Successful H1B Season with a Three-Year Degree
International education experts agree that duration is not always an accurate reflection of content. Many three-year bachelor’s degree programs have the same – if not greater – number of classroom contact hours as a US four-year bachelor’s degree program. However, CIS requires that missing fourth year to be accounted for, and that’s what matters when it comes to getting an H1B visa approved. If you or your employee or client has a three-year bachelor’s degree and files without accounting for the missing fourth year of education, the best you can expect is to receive an RFE.
Preventing an RFE is always easier than answering one. With so many petitions flowing in, CIS is looking for shortcuts to weed out petitions, and an RFE is a big red flag on the petition. If you or your employee or client receives an RFE for a three-year bachelor’s degree, you can expect that’s not the only thing CIS will inquire about in the RFE. The glaring omission of the missing fourth year triggers a close scrutiny of the petition that can reveal minor errors that would have flown under the radar that you will now have to address alongside the three-year degree.
This can be prevented easily, and here’s how:
While CIS does not accept that a three-year bachelor’s degree is the equivalent of a US four-year bachelors degree, this can be fixed by adding work experience.
CIS accepts a work experience conversion of three years of progressive work experience in the field of employ to one year of college credit in that specialization. Progressive work experience means that you or your employee or client took on more responsibility and complexity in the work as time went on, which serves as evidence that the candidate learned skills and knowledge specialized to the field through this work experience. This conversion can only be done by professors who are authorized to issue college credit for work experience.
Before you file, take your case, or your employee or client’s case to a credential evaluation agency with experience working with H1B visas, H1B RFEs, and three-year degrees that works with professors with the authority to make the work experience conversion you need. The evaluator can review the case to make sure the candidate has the education and work experience necessary to make this conversion. Do NOT make the mistake of filing an H1B petition without making absolutely sure that it meets CIS approval criteria and trends.
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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2017 EB2 Education Trends You Need to Know About
When looking at whether or not EB2 educational requirements are met, carefully read what CIS accepts as equivalencies. Different visas have different parameters around what education and experience combinations are permitted to meet visa requirements. This, alongside CIS approval trends, paves the way to an RFE or worse in a hurry if you rush forward unaware.
The Degree must EXACTLY fit the job title on the PERM
One common mistake in EB2 filing occurs when a candidate’s education does not exactly match the job title on the PERM. In the past, CIS has allowed candidates with degrees in fields related to their job to have their visas approved, but educational standards have tightened. This means if you have, or if your employee or client has a degree in a field that doesn’t exactly fit the field of employ, you cannot simply file as is. EB2 occupations are highly specialized, and you need to clearly show CIS that you have, or your employee or client has the precise skills and knowledge necessary to excel at the job. This means having education specialized to the profession. If this is you situation, or your employee or client’s situation, have a credential evaluator with experience working with EB2 petitions review the education and work experience. With the proper conversions, documentation, and citations, you may be able to get the evaluation needed to account for the proper degree specialization.
The Bachelor’s Degree must be a SINGLE SOURCE
If the bachelor’s or master’s degree is not an exact match for the job title on the PERM, or if you or your employee or client has a three-year bachelor’s degree, or anything other than a straightforward US education that fits the field of employ, DO NOT file without a credential evaluation. The purpose of this is to explain that the candidate holds the educational value equivalency of the education required by CIS to meet EB2 eligibility requirements. However, this leads into another common problem EB2 candidates face: the bachelor’s degree must be a SINGLE SOURCE. Unlike other visas, you cannot combine work experience and college credit to make the bachelor’s degree or master’s degree equivalency in the correct specialization. However, CIS does accept a work experience conversion of ONLY years of work experience in the field into enough years of college credit to meet CIS requirements for bachelor’s degree equivalency. Talk to a credential evaluator with the authority to convert years of work experience into college credit to see if you have, or your employee or client has the background necessary for this solution.
EB2 processing time is years shorter than the time it takes to process EB3 petitions. For this reason, candidates are tempted to try to meet EB2 requirements even if they do not. DO NOT BE TEMPTED BY THIS. It is a waste of time. However, if the EB2 educational requirements can be met, definitely take advantage of this. Before you file, have a credential evaluator with extensive experience working with EB2 cases and EB2 RFEs review your case, or your employee or client’s case and see if you can clearly meet the requirements for this visa. If the education and work experiences fit, congratulations! Go for it.
About the Author
Sheila Danzig
Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723.
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Expert Tips for You To Successfully Answer an H1B RFE
At TheDegreePeople, we specialize in helping our clients overturn their RFEs and get their H1B visas approved. RFEs are tricky business, so here are five tips that we have seen bring our clients success year after year.
- Don’t expect your RFE to tell you how to answer it.
A big mistake candidates and their lawyers make every year is expecting the RFE to be helpful. When you read the RFE, remember that it is a tool CIS uses to weed out petitions. It’s a red flag. There are far too many petitions for the annual H1B visa cap every year and your RFE or your employee or client’s RFE is most likely a documented excuse for denial rather than a tool to help you. Read the RFE, make note of what it’s asking, but don’t get caught up in its wording and specific demands. Remember, some RFEs are virtually impossible to answer based on the directions they provide. This does not mean they’re impossible to answer. You just need to look for the answers in the right places.
- Reference and Understand H1B Requirements.
The initial H1B eligibility requirements are the right place to look for the answers you need to get that RFE overturned. Your RFE, or your employee or client’s RFE was triggered because the evidence provided in the initial petition fell short of clearly proving the initial H1B requirements were met. Find out which requirements CIS is unclear about. When you go over the RFE, first revisit the detailed requirements INCLUDING current CIS educational trends, and then have these requirements on hand while you read through the RFE to discern where evidence was lacking. Then, figure out what documentation you need to fill in the gaps.
- Don’t expect to always be able to provide the specific materials the RFE requests.
You will NOT always be able to get the specific documents CIS requests in the time allotted to answer the RFE. RFEs like The Nightmare are not designed to be answered, they are designed to confuse and justify denying the visa. If you follow the directions in an RFE like this one, you will find yourself out of time, out of money, and nowhere closer to getting your visa, or your employee or client’s visa approved. So don’t expect to in the first place and you will save yourself a whole heap of stress.
- Discern what it is CIS really wants to know.
So you’ve reviewed the initial H1B requirements, you understand that the answer to your RFE does not lie within the RFE itself, and you know that you won’t necessarily be able to provide the exact documentation CIS requests in the RFE. Now it’s time to discern what CIS really wants to know. Sit down together, read the RFE with the initial H1B requirements, and figure out what CIS really wants to know. Where was clarity lacking in the initial petition? In many cases, the shortcomings have to do with CIS approval trends regarding educational equivalencies, or with proving specialization. When you meet with your team, be sure that your team includes a credential evaluator with experience working with H1B RFEs, understands CIS education regulations and approval trends, and has an in-depth understanding of international education. Education requirements and what is and what is not accepted as valid educational equivalencies for H1B visas have changed in recent years, and meeting these requirements can take a creative approach.
- MEET THE DEADLINE.
Don’t miss the deadline. Make sure your RFE answer is filed by the deadline, and includes all of the documentation and evidence you need to strengthen your case, or your employee or client’s case, in order, and easy to read. It is highly unlikely you will get an extension, and missing the deadline will most likely lead to the case getting rejected.
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: How to Overturn an RFE for Generalized Degree
What if you or your employee or client has a US bachelor’s degree in liberal arts? The answer is CIS would issue an RFE because this generalized degree does not show that the candidate has specialized skills and knowledge. For this reason, candidates with generalized degrees often run into trouble come RFE season.
When a client comes to us with this kind of situation, we take a look at the content of his or her education. We look at the course content and identify specific courses taken in the field of their H1B job. We then look at their work experience in the field of their H1B job. Three years of progressive work experience in the field can be equated to one year of college credit towards a US bachelor’s degree in that major. We then write an evaluation taking specific courses and work experience into account and write a very detailed and evidence-fortified evaluation that clearly shows the candidate has the equivalent of a US bachelor’s degree in the field of the H1B job. Through this extra step, CIS can clearly see that the candidate possesses the specialized skills and understanding required to be successful at the H1B job, and eligible for H1B visa status.
If you or your employee or client has received an RFE for a generalized degree, talk to a credential evaluator with experience working with H1B RFEs. Be sure to get a consultation before you order an evaluation to make sure that the candidate has the coursework and work experience necessary to write the evaluation you need to overturn that 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.
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Four Tips to Successfully Answering an H-1B RFE
an RFE is not a roadmap for success. USCIS is NOT trying to help you. Instead of looking at your RFE for answers, focus on H-1B requirements for guidance. If you, or your employee or client has received an RFE, here are four tips to successfully respond:
- Read the RFE thoroughly to understand what is being asked of you.
- Understand that sometimes the RFE materials requested cannot be provided.
- Understand H-1B education requirements.
- MEET THE DEADLINE!
H1B RFE Season: How to Get Through Approved!
If you receive an RFE, respond to it as soon as possible. Once you respond and CIS receives the answer, you may have to wait to find out whether or not your H1B petition was approved. You don’t have to be one of those people left in limbo. Respond ASAP and get the clock ticking.
RFEs have been on the rise for many years now, with around 25% of all H1B petitions receiving one. CIS education trends have grown much more strict, and if your bachelor’s degree is from the United States, or is in a field that is not an exact match for your H1B job, you must submit your transcripts with a credential evaluation. For degrees outside of the United States, this evaluation clearly spells out the value of your education in terms of US academic standards to write an equivalency to the degree you need for your H1B visa. This particular visa requires those who qualify to hold a US bachelor’s degree or its equivalent or higher. If your degree is in the wrong field – even if it is in a field related to your job – CIS is now issuing RFEs. In the past, you could skate on through with an approval with a degree in a related field, but since there are so many visas to sort through CIS has tightened its requirements. Now you must have a degree specialization that is an exact match for your job. If this is not the case, you need to have your degree evaluated for the academic value equivalency of the specialization you need. In both of these cases, progressive work experience – that shows you learned new specialized skills and knowledge through your work experience – can be combined to account for the missing academic content in the field required.
If you fall into one of these two academic categories and you did not submit a credential evaluation with your petition, you are likely staring down an education RFE. Don’t panic, it’s not too late. You made it into the lottery and your petition is still under consideration. Don’t waste time. Talk to a credential evaluation agency that specializes in RFEs and difficult cases. Get the credential evaluation and supporting documentation you need to answer your RFE and get your H1B visa approved.
What to look for in the right credential evaluation agency for your case:
- Easy to communicate with. They should answer when you call, respond to your texts and emails, and answer your questions with confidence.
- Follows CIS approval trends. The person you want writing your evaluation knows what CIS is looking for. CIS trends change, and an evaluation that worked last year may not work again this year. As in any job, the best professionals are the ones who keep on learning and changing with the industry.
- Works with RFEs and Difficult Cases regularly. You got an RFE. You want to work with someone who works with people in your situation and consistently achieves the outcome for others that you want for yourself.
Don’t let RFE season get you down. You are not alone in this, and there are plenty of helpful professionals who are happy to consult with you on your case. Good luck!!
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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Case Study: EB2 RFE for Mismatched Education – APPROVED
For an H-1B candidate, we could have written a credential evaluation that combined work experience in the field with their education and written the equivalency of a US bachelor’s degree in computer sciences that would meet CIS requirements for the visa. For EB2 candidates like our client, it’s not so straightforward.
EB2 educational requirements demand the bachelor’s degree be a single source. That means no combining work experience with college credit, and no combining education from two different colleges. However, the EB2 visa classification requires the candidate to hold a US Master’s degree or its equivalent or higher, so instead of going after the bachelor’s degree equivalency, we focused on our client’s Master’s degree equivalency to answer this RFE.
According to federal precedent and case law, five years of progressive work experience in the field is the equivalent of a Master’s degree in that field. Our client certainly had those five years. We wrote a credential evaluation that converted his five years of work experience in the field of computer sciences into the Master’s degree in computer sciences he needed to fit CIS requirements for his job and his visa. We backed up this equivalency by extensively citing and documenting the precedent decisions and federal case law regarding this work experience conversion for this particular visa.
CIS accepted this equivalency and his EB2 visa was approved.
If you, or your employee or client has a tricky education situation and his or her straightforward credentials do not match PERM requirements, don’t take chances. Talk to a credential evaluator that specializes in difficult cases, RFEs, and Denials, because they know what works and what doesn’t work when it comes to what CIS will and will not accept. Make sure your evaluator is well versed in CIS trends, CIS precedents, federal case law, international trade agreements, and international education.
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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Case Study: Three-Year Bachelor’s Degree Denial Successfully Answered
CIS is notoriously finicky about accepting a three-year bachelor’s degree as the equivalent of a US four-year bachelor’s degree, particularly Indian three-year bachelor’s degrees. Because CIS did not recognize the three-year bachelor’s degree as the equivalent of a US four-year bachelor’s degree, and because that degree was a prerequisite to the master’s program, CIS deemed that the master’s degree was not, in fact, equivalent to a US master’s degree.
When our client filed, he received a Denial. That’s when he came to us. In this situation, the evaluator has two options to show that the three-year bachelor’s degree – and thus the two-year master’s degree – meets its US equivalent.
First, we could break down the classroom contact hours in a three-year bachelor’s degree and apply the Carnegie Unit conversion in which fifteen classroom contact hours is the equivalent of one college credit hour. The standard US four-year bachelor’s degree has 120 college credit hours. Since the vast majority of Indian three-year degrees are comprised of at least 1800 classroom contact hours, the conversion shows that there are more than enough college credit hours in a three-year degree to be the equivalency of a US four-year degree.
In addition to this detailed breakdown of the academic content of the three-year degree, we would also cite binding UNESCO instruments, as well as numerous three-year bachelor’s degrees that can be earned in the United States. In addition, we would provide a list of US master’s degree programs – including programs at Harvard, Columbia, and Wharton – that accept an Indian three-year bachelor’s degree as an adequate prerequisite to these master’s degree programs to prove the functional equivalency of the client’s bachelor’s degree as a step in obtaining a master’s degree. Along with all of this documentation, we would provide 400 more pages of documentation we have gathered showing how a three-year degree is the equivalent of a US four-year bachelor’s degree, and also discuss the Matter of Shah – a case that CIS depends on to invalidate three-year bachelor’s degrees. The Matter of Shah is not an accurate instrument to determine the value of a three-year degree for many reasons.
Our second option has a higher success rate than the first option, and is in most cases the method of approach we will take. Using the method about to be explained, we have seen a 95% approval rate with three-year degrees for EB2 visas.
In this second method is a two-step process. First, we would write an evaluation to show how three years of undergraduate education with and additional two years of graduate school are equivalent to a US bachelor’s degree. We can do this without it being considered combining education. PERM requirements clearly state that the bachelor’s degree must be a single source, and we can meet these requirements with this method by citing appropriate memos. The next step is to show how five years of progressive work experience in our client’s field of employ is equivalent to a US master’s degree. We can do this by citing federal case law.
If the second option works so much better, why would we ever use the first option? The first option is well accepted for EB3 visas, but tends to only work half of the time for EB2. However, if a client does not have a master’s degree, or the client’s attorney specifically requests we go that route, that is the route we will take. Every case is different, and every client and their education is different.
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.]]>
Case Study: Three-Year Bachelor’s Degree Denial Successfully Answered Read More »
Five Questions to Ask to Find the Right Credential Evaluator
- Did they offer a free review of your case, or your employee or client’s case?
- Do they work with RFEs, Denials, and NOIDs often?
- Did they ask about your visa, or your employee or client’s visa?
- Did they ask about your job offer or your employee or client’s job offer?
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