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Case Study: EB2 RFE for Education Not Matching PERM Requirement – APPROVED

Credential Evaluation, Immigration, Visa Approvals


Many employees are hired because their bachelor’s or master’s degrees in a field related to their occupation is sufficient for their employers to recognize that they have the specialized skills and knowledge to be successful at their jobs. Even though the degree may not precisely fit the field of employ, the knowledge base is there. This is not the case for the USCIS.

Now, the USCIS has been issuing RFE’s to petitioners whose degree specialization doesn’t exactly match their field of employ. If a foreign degree is deemed to be equivalent to the necessary US degree, if the specialization does not match the field of employ, the USCIS will not recognize that the applicant’s education meets PERM requirements.

This is what happened to our client. He came to us with an education RFE for this very reason. He held a bachelor’s degree in engineering from abroad, which the USCIS agreed was the equivalent of a US bachelor’s degree in engineering. Unfortunately, to meet the USCIS educational standards for his job, the USCIS required a bachelor’s degree in computer science, not engineering. Although the fields are related to the point of much academic overlap, a bachelor’s degree in engineering was not good enough.

We were able to provide the evidence requested in his RFE and his EB2 visa was approved. We did this by supplying extensive research and evidence to show how his bachelor’s degree in engineering degree was functionally equivalent to a bachelor’s degree in computer sciences. Had his degree been a three-year degree, our evaluation would have consisted of a close examination of the course content of his degree, as well as converting years of work experience in the computer sciences field into Carnegie Unit credit hours.

However, since his engineering degree was a four-year degree already, what we needed to do was clearly spell out that our client’s educational experience – both inside and outside of the classroom – had more than equipped him with the specialized skills and knowledge necessary for a successful career in the computer sciences field. Through our examination, we were able to show that his engineering degree was the functional equivalent of a computer sciences degree by giving a host of examples of how his engineering degree would be accepted for admission to a master’s degree program in computer sciences. This clearly proved that the skills and knowledge he gained in his educational experience made him eligible to be successful in a master’s program in his field of employ. The USCIS accepted this and approved his visa.

Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/.

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Case Study: H1B Nightmare RFE – APPROVED

Credential Evaluation, Immigration, Visa Approvals


With this client in 2013, she submitted her credentials for a nursing degree along with an evaluation from another agency. The USCIS responded with a Nightmare RFE and she and her attorney came to us. We were able to answer the RFE with an expert opinion letter and an evaluation by international education experts Professor Kersey, and me. We showed that the client did indeed have the required credentials by US education standards by demonstrating that her bachelor’s degree was the equivalent of a US bachelor’s degree in Nursing. While we cleared up the education situation, our client’s attorney went on to answer the other queries submitted in the RFE.

Rates of RFE responses to H1B petitions have skyrocketed in recent years. Just less than a decade ago, only about 4% of all H1B petitions received an RFE. Now one in every four petitions submitted is met with an RFE. Alongside this increase, we are also seeing a sharp rise in difficult RFE’s like the Kitchen Sink. Attorneys are finding that more and more clients are faced with RFE’s that are near impossible to successfully answer, especially given the time allotted. At CCI, we specialize in difficult RFE’s. It has been a challenge to find creative solutions to seemingly impossible problems, but it’s a challenge we – and the attorneys we work with – rise to time and again.

Sheila Danzig is the director of Career Consulting International at www.TheDegreePeople.com, a foreign credential evaluation agency. They specialize in difficult cases and RFEs, Denials, NOIDs, 3-year degrees, etc. and offer a free review of all H1B, E2, and I140 education at http://www.ccifree.com/.

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Addressing the Education RFE

Credential Evaluation, Visa Approvals

Don’t panic if you get an RFE. This means your petition is under consideration and you get another chance to build a solid case for approving your petition. Take this opportunity by reading over your RFE carefully with your employer and understand exactly what is being asked of you.

The two main education situations require you to submit a detailed credential evaluation with your transcripts. The first stems from a recent change in USCIS standards regarding your degree. In the recent past – as well as in the present when it comes to hiring domestic employees – you can meet the requirements for a specialty occupation by having a degree in a field related to your field of employ. Now, the USCIS requires your degree exactly match your field of employ.

So what if you have the right degree but the wrong major? No problem! A detailed credential evaluation can do two things to remedy the situation. First, we can take a close look at the courses you took to show that you did, in fact, specialize in your field of employ even if your major doesn’t clearly reflect it. Secondly, if you have work experience in your field of employ, we can convert years of work experience into college credit hours.

The second common education-related misunderstanding that can trigger an RFE to come your way is your degree from a different country than the United States. If you earned your degree outside of the United States, this means your bachelor’s degree came from a country with a different academic system. Many of these systems have three-year bachelor’s degrees instead of the US four-year degree. At the USCIS, they look at your three-year degree and all they see is the missing fourth year. You literally need to spell out the value of your education in terms of US equivalence. Again, you can do this with a detailed credential evaluation that can take a close look at the academic content of your degree. In most cases, the only difference between a three-year degree and a US four-year degree is density. You get more classroom contact hours each year with a three-year degree and by converting classroom contact hours into US college credit hours you end up with the academic equivalence of a US four-year degree. No problem. You’ve just got to order a detailed evaluation from an agency with the authority to make these conversions.

For a free consultation on your academic RFE, visit us online at cciFree.com or call any time at 1.800.771.4723. We’re always here to help you.

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Make the Most of Your RFE Response

Credential Evaluation, Immigration, Visa Approvals


First off, don’t panic! This means your visa hasn’t been denied and you get a second chance to build a strong case for its approval.

In that past few years, the USCIS has been issuing more and more RFE’s in response to H-1B petitions. These are “requests for evidence” because they feel they don’t have enough information to approve your petition based on what you submitted.

If you earned your bachelor’s or master’s degree from outside of the United States and you didn’t submit a detailed credential evaluation with your petition, you’re probably staring down an RFE. If your degree is in a related field to your specialty occupation but not in the exact field of your job and you didn’t submit a detailed credential evaluation with your petition, you’re probably staring down an RFE. Maybe you submitted an evaluation but the agency that evaluated your education was questionable. These are all situations that trigger and RFE response.

The first thing you need to do when you receive and RFE is to go over it with your employer and figure out exactly what they are asking you to supply. Then, supply it. Don’t hesitate, submit a detailed credential evaluation and prove that you are qualified for your job and for your H-1B visa.

If you’ve received an RFE on your H-1B petition for an education situation, visit us online at cciFree.com or call anytime at 1.800.771.4723 for a free consultation.]]>

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Some H-4 Spouses Now Eligible to Work in the US

Immigration, News, Visa Approvals

th, 2015, certain H-4 spouses of H-1B visa holders in the United States will be eligible to seek employment in the United States during their stay. These are the spouses of H-1B visa workers who seek lawful permanent resident status based on employment.

A big reason H-1B workers decide to pull out of their jobs in the US and go to work in other countries with more progressive immigration policies is because their spouses can’t work. This puts both economic and emotional strain on H-1B families. Spouses often come to feel isolated and lonely, and the family is forced to survive on a single income. This is a leading cause for H-1B workers to quit, which puts hardship on the companies that hired them. With this new policy, these burdens will be taken off of H-1B families and the companies that sponsor their visas.

Allowing H-4 spouses to work while their family seeks lawful permanent will also help the family integrate into life in the United States.

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Don't Panic, April First is Tomorrow

Credential Evaluation, Immigration, Visa Approvals

But before you send in your petition, you want to ask yourself, “Have I successfully proven that I’m qualified for my H-1B job?”

To qualify for your H-1B job, and thus your visa, you need to clearly show that you possess the body of specialized knowledge required to perform your job.  That means you have a US bachelor’s degree or higher, or its equivalent, in your field of employ.  If your degree is from a different country, or if your degree is generalized or in a field different from your job, your job of proving your qualification to the USCIS is not done.

You will need a to submit a detailed evaluation of your credentials along with your transcript from a credential evaluation agency authorized to make the necessary conversions to bridge the gaps in your degree.  You only get one shot at this.

You have one day.  We can help you.

At CCI, we have international education experts with the authority to convert classroom contact hours and work experience into college credit hours to fill in any gaps in your resume and clearly show that you are qualified by US educational standards to work your H-1B job.  They are on call around the clock and we have rush delivery options that will get your evaluation into your hands in 12 hours.  All we need are emailed copies of your education documents, work documentation, and your resume.

Now it not the time to hesitate.  Call us anytime at 1.800.771.4723 or visit us online at http://www.ccifree.com/?CodeBLG/.

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3 H-1B Details to Remember This Week

Credential Evaluation, Immigration, Visa Approvals

Several details often get overlooked. The best outcome in these cases is the petitioner will receive an RFE response requesting more information. Worst case scenario, your petition gets rejected outright. Even with an RFE, the USCIS views that particular response as a much-needed red flag to get through the massive pile of petitions they have to go through each year. There are only 65,000 visas available annually and last year the USCIS found themselves rummaging through nearly 200,000 petitions.

They’re looking for an excuse to reject yours. Don’t give them one.

Three details to remember before you pop your petition in the mail:

  1. Use a blue pen. You’re going to be submitting original documents and copies of original documents. You’ll have signatures – both of your own and others – from the past and present, sometimes even on the same document. The USCIS worker needs to be able to clearly tell the difference between original signatures and recent signatures. Use a blue pen for new signatures. Make everyone’s life easier.
  2. Double and triple-check for consistency. Is your name spelled the same on every document? If you have a nickname or your name is hard to spell, it’s particularly important that you double and triple-check for this. It’s alarming how many RFE’s are issued simply to check what the petitioner’s name actually is. On the same note, you want to make sure that all of the other information on all of the forms you’ve submitted is consistent.
  3. If you need a credential evaluation, get one! If your degree is from a country that is not the United States, you need a credential evaluation and you need to submit it along with the rest of your petition. The only way to show the person evaluating your petition the value of your foreign degree is with a detailed evaluation from an authorized credential evaluation agency. This is because academic standards and structures vary from country to country, much like currency. The value is not always clear, but someone who understands exchange rates can get you what you need.

At CCI we have international education experts on call twenty-four hours a day, seven days a week. We have rush delivery services available to get your credential evaluation into your hands when you need it. Call or text us anytime at 1.800.771.4723, send us an email, or visit us online at http://www.ccifree.com/?CodeBLG/ for a consultation. We can figure out what you need to complete your H-1B petition and get it to you in time to file on April First.

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