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Your Best Solution to the EB2 Education Puzzle

For other visas, as well as for entrance to graduate programs in the US, candidates can combine education with work experience to meet equivalency requirements for a US Bachelors degree. This is not the case for EB2.

If you or your employee or client does not have the education or work experience to meet EB2 education requirements right off the bat, they may still qualify for this classification. There are ways a credential evaluator with in-depth understanding of CIS precedents, federal case law, international education, and international trade agreements can write the evaluation needed to get the visa approved. However, this is NOT a judgment call you can make on your own.

Your best solution to the EB2 education puzzle is to ask for help.

Before you get too far on the petition, let us review the case. Simply go to ccifree.com and submit the candidate’s educational documents and a current, accurate resume, along with the job and desired educational equivalency. We will get back to you within 24 hours with a pre-evaluation and full analysis, and consult with you on your options.

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.

Your Best Solution to the EB2 Education Puzzle 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 »

H1B Mystery Solved. The Job with Mismatched Education


This is the most common H1B qualified job with little, if any, exact matching education. Therefore, this is the #1 job offer that gets RFEs. No job title has as bad a track record with CIS.

At TheDegreePeople.com, we work with H1B cases and their RFEs on a regular basis. We have overturned virtually every education RFE for Computer Systems Analysis that has come to us. While the education on its own in invariably turned down by CIS, we can change the major to one that CIS accepts by adding work experience.

Since there are few, if any, actual degrees that match the job Computer Systems Analysis close enough to avoid an RFE, the evaluation needed must take a different approach. We have rarely seen a Bachelor’s degree program that offers a specialization in Computer Systems Analysis, and for the ones that do, it tends to be a self-designed major.

Computer Systems Analysis may be the most common mismatch, but it’s not the only one. If you or your employee or client has a degree that does not match the H1B job, simply go to ccifree.com and submit a current, accurate resume and educational documents, and let us know the candidate’s job. We will get back to you within 24 hours with a pre-evaluation and full analysis of your situation and your evaluation options.

CIS accepts that three years of progressive work experience in the candidate’s field of employ is the equivalent of one year of college credit towards a US Bachelor’s degree in that major, but only when signed off on by a professor who is authorized to issue college credit for work experience. Throughout this work, the candidate must have taken on progressively more responsibility and specialized skills and expertise on the job, proving that specialized education occurred o the job. This is naturally occurring in virtually any job. If you or your employee or client has years of progressive work experience in the field of Computer Systems Analysis, or whatever job title is offered, a credential evaluation that converts work experience into college credit to combine with the education the candidate already has will fill in the gap between the degree and the job offer.

This conversion must be written by a college or university professor with the authority to grant college credit for work experience. At TheDegreePeople.com, we ALWAYS have professors who can do this on hand for these kinds of situation.

If you or your employee or client has a degree that does not match the H1B job, simply go to ccifree.com and submit a current, accurate resume and educational documents, and let us know your client’s job. We will get back to you within 24 hours with a pre-evaluation and full analysis of your situation and your evaluation 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.

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H1B Mystery Solved. The Job with Mismatched Education 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 »

Preempt an RFE: Beware of False Translations


When a candidate files a petition with USCIS, every document must be translated into English. Educational documents must be translated into English and THEN evaluated for US academic equivalency.

This causes a common problem because some degrees simply don’t have English translations. Sometimes, a translator will make an academic judgment call beyond their scope of practice, interjecting or interchanging a word. A common mistranslation is Baccalaureate, which is often translated into Bachelor’s degree. These are NOT the same. Postgraduate degree is often mistranslated into Master’s degree. This is the result of the interjection of an academic value judgment. The Russian kandidat naouk is generally evaluated to be the equivalent of a US doctorate, but it cannot be TRANSLATED into this equivalency.

Don’t get too far on your petition, or your employee or client’s petition before without an accurate account of their education. Simply go to ccifree.com and attach the academic documents and a current resume, and indicate the visa, and job or desired equivalency. Within 24 hours, we will get back to your with a pre-evaluation and full analysis of your options.

Translation and evaluation are very different, highly specialized services. A good evaluator can spot and correct when academic value gets lost in translation. Foreign credential evaluators typically have significant experience with international credentials from working in university admissions or similar work environments, or have earned graduate level degrees in international education. Because of the complex nature of international education, evaluators must have a firm grasp of education structures across the world, as well as USCIS statutes and precedent decisions, international trade agreements, and more. Evaluations must be performed on a case-by-case basis because every candidate’s path through learning – both in institutions and on-the-job – is unique. Therefore, evaluators must have the experience and insight to pass judgment with integrity.

Do not file an H1B or EB2 petition with falsely translated educational documents. Both of these visas rely heavily on academic eligibility and filing with the wrong education will result in an RFE at best, and a lot of extra work.

Before you get too far on the petition, 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 attach all educational documents and a current, accurate resume, and indicate the visa, and job or desired academic equivalency. 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.]]>

Preempt an RFE: Beware of False Translations 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.]]>

EB2 RFE OVERTURNED for Mismatched Education Read More »

Avoid that EB2 RFE: Sidestep Education Traps


Although it is tempting for candidates to try to meet EB2 qualifications when really their education and employment is a fit for EB3, trying to make education that simply does not work for EB2 fit is a waste of time. Sometimes, the candidate’s education simply does not work for EB2.

However, EB2 education requirements are very specific and equivalencies can be complex. If you or your employee or client DOES meet EB2 educational qualifications, you need to know, and you need to know how to justify this to CIS. Filing for EB2 with the RIGHT education will save you or your employee or client years in limbo. Before you file, take the candidate’s education to a credential evaluation agency that works extensively with EB2 cases and their RFEs and Denials. These agencies understand EB2 education requirements and CIS approval trends for this particular visa. Simply having an expert review your credentials, or your employee or client’s credentials before you file will go leaps and bounds to help you sidestep EB2 education traps.

Here are the main ones to be aware of:

  1. Mismatched Education

If the candidate’s degree is in a field that is not an exact fit for the job offer on the PERM, you can expect an RFE at best. This is a major EB2 education trap because employers will hire candidates with degrees in related fields and work experience in the field, but CIS will not approve their visas. If this is your situation, or your employee or client’s situation, you will need a very detailed and specific credential evaluation to write the US academic equivalency of the right degree in the right specialization. CIS has very strict requirements about how you can meet these equivalency requirements when it comes to EB2. Talk to a credential evaluator to see if you can make this equivalency work with your, or your employee or client’s education and work experience. The answer may be no. If this is the case, don’t be tempted to pull one over on CIS. This will not work.

  1. Bachelor’s Degree Equivalency is not a Single Source

EB2 education requirements state that to qualify a candidate must hold a US bachelor’s degree FOLLOWED BY at least five years of progressive work experience in the field, OR a US Master’s degree or higher in the field. If you or your employee or client has a bachelor’s degree from outside of the United States, or a US degree in the wrong field, you will need an equivalency that is a SINGLE SOURCE. CIS accepts three years of progressive work experience in the field as the equivalent of one year of US college credit towards a degree in that specialization. Likewise, following having earned a bachelor’s degree, CIS counts fives years of progressive work experience in your client’s field of employ as the equivalent of a US Master’s degree in the field provided that a bachelor’s degree was a minimum requirement for the job itself.

This gets tricky real fast. We always recommend taking your or your employee or client’s education and a current, accurate resume to a credential evaluation agency that works regularly with EB2 visas and their RFEs, and that also works with college professors with the authority to grant college credit for work experience. Your will need to have the work experience necessary to provide a SINGLE SOURCE bachelor’s degree equivalency. This requirement is complex and requires expertise to determine whether you or your employee or client can qualify, and to provide the evidence, analysis, and documentation necessary to explain this to CIS in the petition.

  1. Poorly Translated Documents

Candidates fall into EB2 education traps when they provide mistranslated or misevaluated documents. Some degrees simply don’t translate into English and retain their academic value. Some translation agencies have begun to provide evaluation services that are attractive to candidates wanting to save time and money. However, evaluation is a completely different, highly specialized service because of the complex nature of foreign academic differentiations and the fact that degrees with the same name hold different academic values between countries. Some degrees with different names hold the same equivalency. For example, Indian Chartered Accountancy is the foreign equivalent of a US bachelor’s degree in Accounting while the Canadian Chartered Accountancy and US CPA are not the equivalent of that advanced degree. This sort of problem comes up when academic value gets lost in translation, or when a translator takes credential evaluation liberties without the knowledge to assure accuracy.

To sidestep this EB2 education trap, if your or your employee or client’s educational documents need to be translated and evaluated, make this a two-step process. Do NOT compromise on this. You would never take credentials to an evaluation agency for translation! Get them translated into English first, then take them to a credential evaluation agency. Agencies that work regularly with EB2 visas can identify common translation errors and make academic value judgments accordingly.

To avoid these EB2 education traps, simply visit ccifree.com and attach all educational documents and a current, accurate resume, along with the job title. We will get back to you within 24 hours with a pre-evaluation of your case, or your employee or client’s case, and a full analysis of all of your options.

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.]]>

Avoid that EB2 RFE: Sidestep Education Traps Read More »

Your Very Very Last Minute H1B Checklist


Before you file, go through this H1B checklist and make sure you have EVERYTHING checked off.

  1. Consistent dates, locations, spellings and other answers.

Double-check all of the documents and applications included in the petition to make sure all of the answers are consistent. Inconsistencies between applications, educational documents, and resumes can trigger a pretty serious RFE as CIS is cracking down on visa fraud. Inconsistent dates and locations for where the candidate has lived, worked, and gone to school are big red flags, as are misspellings.

  1. Education clearly meets CIS requirements for H1B eligibility.

Find out right now. Simply go to ccifree.com and attach the candidate’s educational documents and an accurate, current resume, along with the job title and we will respond within 24 hours with a full pre-evaluation of your case. We will include all of your options for writing the evaluation for the educational equivalency needed to get the H1B visa approved. We offer rush delivery options to get your credential evaluation to you in as fast as three hours.

Educational requirements for CIS are tricky. If the candidate has a degree from outside of the United States, do NOT file without a credential evaluation. The candidate may have a degree earned in the United States that is not H1B qualified. The degree must be an exact match for the job or CIS will not approve the visa.

  1. Documentation clearly shows the job is specialized.

H1B requirements state the job must require a US bachelor’s degree or higher or its foreign equivalent to be considered specialized. The H1B visa program’s purpose is to bring highly skilled workers to the US to fill these highly specialized jobs that the US workforce cannot fill on its own. That means you have to show that the job requires a specialized skillset, which means an advanced degree in the exact field of employ. To prove this, provide a copy of the ad for the job that includes duties and minimum requirements, as well as the official job description itself. Also include ads and descriptions for similar jobs in the same field to show that this job is specialized across the board and not just to accommodate the candidate’s visa. If the job is particularly specialized for this particular company, include an expert opinion letter as to why this is the case.

  1. Organized and in order!

Make sure your petition is in order with all of the paperwork where CIS expects it to be. A disorganized petition is not pleasant to read and this will impact approval. File for the audience and it will pay off in the end.

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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