Need Help?
Message Sheila D, Executive Director with any questions
9544450107

Visa Approvals

Your H1B Job and Education: Tips for Proving Specialization

Credential Evaluation, Immigration, Visa Approvals

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

 

 ]]>

Your H1B Job and Education: Tips for Proving Specialization Read More »

How You Prepare for a Successful H1B Season with a Three-Year Degree

Credential Evaluation, Immigration, Visa Approvals


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.

 

 ]]>

How You Prepare for a Successful H1B Season with a Three-Year Degree Read More »

2017 EB2 Education Trends You Need to Know About

Credential Evaluation, Immigration, Visa Approvals


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.

 ]]>

2017 EB2 Education Trends You Need to Know About Read More »

2017 H1B Education Trends You Need to Know Before Your File

Credential Evaluation, Visa Approvals


Before you file in 2017, be aware of CIS approval trends and common mistakes candidates make when filing.

Three-Year Bachelor’s Degrees

CIS has not been approving candidates with three-year bachelor’s degrees, PARTICULARLY the Indian three-year bachelor’s degree. International education experts understand that in most cases the academic content is the same if not greater than a US four-year bachelor’s degree just condensed into three years. CIS still requires the missing fourth year be accounted for, and that’s what really matters in this situation.

If you or your employee or client has a three-year bachelor’s degree, DO NOT make the mistake of submitting an H1B petition without making sure the missing fourth year is CLEARLY accounted for. This requires a detailed credential evaluation written by an evaluator with the authority to convert years of work experience into college credit. CIS allows for three years of work experience in the field in which the candidate took on progressively more roles, duties, and responsibilities of increasing complexity to be evaluated as the equivalent of one year of college credit. Talk to a credential evaluator with experience working with H1B cases involving three-year bachelor’s degrees.

Degree Specialization does not match the Job Offer

In the not-too-distant past, CIS would approve candidates with degrees in fields related to their industry. However, the past six or seven years has shown that CIS will ONLY approve petitions in which the degree specialization exactly matches the job offer, and we don’t predict that this trend will change any time soon.

If you or your employee or client has a degree in a major that is different from his or her field of employ, or has a generalized degree, or has an job that doesn’t have many exact majors like Computer Systems Analysis, DO NOT make the mistake of filing with the transcripts alone. The H1B visa is for workers in highly specialized occupations and a highly specialized skill set. If your education or if your employee or client’s education alone does not show that he or she possesses the specialized skills and knowledge necessary for the field of employ, the H1B requirements are not CLEARLY met. This doesn’t mean that the candidate isn’t qualified, especially since the employer clearly seems to think so. What you need to do in this case is send your or your employee or client’s transcripts and work history to a credential evaluator who can write a detailed evaluation that explains the equivalency of your experience, or your employee or client’s experience to a Bachelor’s degree in the right specialization. This means looking at the course content, as well as years of progressive work experience in the field, and writing a thorough evaluation backed by evidence, precedent decisions, and documentation.

Degree that Doesn’t Call itself a “Degree”

Some certifications from countries outside of the US are the functional equivalent of US bachelor’s degrees. This means that while these degrees don’t call themselves “degrees,” the steps required to earn these certifications are the equivalent of the US academic value of a bachelor’s degree. One such certification is the Indian Chartered Accountancy. While the Canadian Chartered Accountancy and the US CPA are do not contain the steps required for a bachelor’s degree equivalency, the Indian Chartered Accountancy does.

If you or your employee or client has a degree that doesn’t call itself a degree like the Indian Chartered Accountancy, DO NOT make the mistake of filing without a credential evaluation that explains the functional equivalency of your education or your employee or client’s education. This is a very detailed process that requires a lot of CIS hand-holding, taking them through the steps of education of the degree step by step.

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.]]>

2017 H1B Education Trends You Need to Know Before Your File Read More »

Your Most Common H1B RFE for 2017

Credential Evaluation, Visa Approvals


This occupation receives the very most H1B RFEs every year because CIS education trends have required candidates to hold a degree in the exact field of their specialty occupation. Computer Systems Analysis is an EXTREMELY rare degree. In fact, the only schools in the United States in which a student can earn a bachelor’s degree in Computer Systems Analysis allow for self-designed majors. In India, there is a BCA in Computer Systems Analysis, but this degree will not work for H1B eligibility on its own because it is a three-year bachelor’s degree. CIS requires the fourth year included in a US bachelor’s degree to be accounted for. The only degree we have not seen trigger an RFE in this case is a US Master’s degree for Computer Analysis.

If you hold, or if your employee or client holds one of the few US bachelor’s degrees in Computer Systems Analysis, or a US Master’s in Computer Analysis, you probably don’t have to worry about an education RFE. However, if this isn’t the case, it’s always easier to prevent an RFE in the first place than to have to answer one.

If you have, or if your employee or client has an Indian BCA in Computer Systems Analysis, you need to account for the missing fourth year of education to meet the US equivalency requirements. To do this, talk to a credential evaluator with the authority to convert years of progressive work experience into college credit. Three years working in the field of Computer Systems Analysis in which it can be shown that you or your employee or client took on more responsibility and complexity in their work can be converted into the missing year of college credit towards the degree specialization of Computer Systems Analysis. If you or your employee or client does not have this degree, the same progressive work experience conversion along with a detailed evaluation that includes college coursework in the field of Computer Systems Analysis can be employed to write an equivalency to a US Bachelor’s or Master’s of Computer Systems Analysis.

Before you file, talk to a credential evaluator who can review your case, or your employee or client’s case and see that the college credit and work experience necessary to write the evaluation you or your employee or client needs is there. When there is high risk of RFE, it is necessary to consult with someone experienced in working with H1B RFEs.

From all of us at TheDegreePeople.com, Happy New Year!

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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

Your Most Common H1B RFE for 2017 Read More »

Expert Tips for You To Successfully Answer an H1B RFE

Credential Evaluation, Immigration, Visa Approvals


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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.]]>

Expert Tips for You To Successfully Answer an H1B RFE Read More »

H1B Case Study: How to Overturn an RFE for Generalized Degree

Credential Evaluation, Immigration, Visa Approvals


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.

 ]]>

H1B Case Study: How to Overturn an RFE for Generalized Degree Read More »

H1B Case Study: Nightmare RFE OVERTURNED!

Credential Evaluation, Immigration, Visa Approvals


This RFE is also called the Kitchen Sink because absolutely everything is in it, even the kitchen sink. This RFE is virtually impossible to answer, we don’t know exactly what triggers it or if CIS even has the right to issue it, and we know that it is virtually impossible to answer by following its own directions. If you were to try to follow the directions set out in the RFE to answer it, you would have to involve the services of so many individuals and authorities to collect all of the evidence and information requested that it would cost an enormous amount of money and take way more time to complete than you have to respond.

If you or your employee or client received a Nightmare RFE, try not to panic. These RFEs are common, and they are NOT actually impossible to answer so long as you don’t get caught up in the wording. The roadmap to successfully answering the Nightmare RFE is not in the RFE itself, it takes a creative approach and guidance from a credential evaluator with experience working with difficult cases and RFEs. These evaluators understand H1B requirements, international education and commerce agreements, and CIS approval trends.

At TheDegreePeople, we have a very high success rate for getting Nightmare RFEs overturned. It just takes a very detailed, and somewhat creative approach. Instead of following the directions stated in the RFE, we go back to the initial H1B requirements and see where our client’s initial petition was lacking in evidence and clarity. We work from there.

Oftentimes, what is lacking is the right credential evaluation. We have found time and again that candidates will submit a petition without an evaluation, or with an evaluation that doesn’t address the requirements of the H1B petition. An H1B candidate needs to hold a US bachelor’s degree or higher or it’s foreign equivalent in the EXACT field of their job offer. If these educational requirements are not clearly met, CIS issues an RFE, and what starts off as a simple RFE can quickly escalate into a Nightmare. Again, these kinds of RFEs have become increasingly common in the past few years and this trend is unlikely to change.

It’s always better to avoid a Nightmare RFE in the first place than to find yourself faced with one, but even if you are staring at one right now, you can still get it overturned.

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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723.]]>

H1B Case Study: Nightmare RFE OVERTURNED! Read More »

EB2 Case Study: RFE for Indian Chartered Accountancy Certificate OVERTURNED!

Case Studies, Credential Evaluation, Visa Approvals


The EB2 visa requires a candidate to hold a US Master’s degree or its foreign equivalent or higher, OR a US bachelor’s degree or its foreign equivalent FOLLOWED BY at least five years of work experience in their current field of employ. The RFE in this case arises when a candidate has an Indian Chartered Accountancy certificate and submits the petition without an accompanying credential evaluation that clearly spells out the steps of education required to earn this degree, and backs this up with international commerce and education decisions.

The AAO states in their 2007 decision:

“Passage of the Institute of Chartered Accountants of India (ICAI) final examination and obtaining an associate membership in the ICAI is the foreign equivalent to a US bachelor’s degree in Accounting.”

In order to be eligible to even take this examination, a candidate must first pass the PE-II Intermediate examination. The prerequisite to this examination is to have either completed an Indian bachelor’s degree or passed the PE-I. Therefore, by following the steps of education required to be eligible to take, and to pass the ICAI final examination and earn the Indian Chartered Accountancy certificate, the candidate must have completed the functional equivalent of an Indian bachelor’s degree, and THEN taken and passed the ICAI final examination.

Yours or your employee or client client’s credential evaluation must clearly show these steps of education.

Another reason this particular degree is so complicated is because both the Canadian Chartered Accountancy certification and the US CPA are NOT the functional equivalents of a US bachelor’s degree in accounting. The Indian Chartered Accountancy certification carries the same name, but very different in terms of academic content.

If you or your employee or client has an Indian Chartered Accountancy certificate, do NOT submit the EB2 petition without a credential evaluation clearly explaining and justifying this degree’s functional equivalency to a US bachelor’s degree in Accounting. If you or your employee or client received an RFE for his or her Indian Chartered Accountancy certificate, talk to a credential evaluation agency with experience working with EB2 RFEs and difficult degrees.

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 Case Study: RFE for Indian Chartered Accountancy Certificate OVERTURNED! Read More »

How to Answer and H-1B RFE with NO DEGREE

Credential Evaluation, Visa Approvals


Sometimes an H-1B candidate will have SOME college or university education but no degree completed. Sometimes there will be no college education at all. CIS does have a solution for this, but you or your employee or client will need a very specific kind of work experience for this to work, and a VERY specific and detailed credential evaluation accompanying the answer to the RFE.

CIS generally accepts that three years of progressive work experience in the field of your or your employee or client’s H-1B job is the equivalency of one year of college credit towards a bachelor’s degree in that field. PROGRESSIVE work experience means that the job duties expanded in scope and responsibility as employment went on, implying that you or your employee or client learned increasingly specialized skills on the job.

If you or your employee or client has some education – or no education – and enough years of progressive work experience, an evaluator with the authority to convert years of this work experience into college credit can write the evaluation you or your employee or client needs to prove to CIS that there is a legitimate US bachelor’s degree equivalency. Remember, the degree specialization must exactly match the job, so the progressive work experience MUST be in the field of employ.

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.]]>

How to Answer and H-1B RFE with NO DEGREE Read More »

Scroll to Top