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H1B Alert: Don’t Submit the Right Evaluation for the Wrong Visa
If you or your client or employee has a degree from outside of the United States, or a degree that is generalized, incomplete, or doesn’t exactly match the specialty occupation, you need to submit a credential evaluation with the H1B petition to prove that the beneficiary meets H1B educational requirements.
However, not all evaluations will do the job. The right evaluation for you or your client or employee needs to take into consideration H1B requirements – as different visas have different regulations for combining education – as well as the beneficiary’s education, work experience, and job, and CIS approval trends.
It’s important to make sure you choose the right evaluation agency to work with because the industry is not well-regulated by a central governing body, so you could end up with an agency that is not up to quality standards. You could also choose an agency that writes a perfectly accurate evaluation that does not work for your client or employee’s situation. Not all agencies know how to work with visa cases.
When you contact a credential evaluation agency to write your evaluation, or your client or employee’s evaluation, here are three questions to keep in mind:
- Did they ask about the visa?
- Did they ask about the job?
- Do they work with H1B cases and their RFEs on a regular basis?
The right evaluation agency for you case, or your client or employee’s case is the one that asks about the visa and the job, and works regularly with H1B cases and H1B RFE cases.
We follow CIS approval trends, and work regularly with H1B cases and their RFEs. We know what triggers common RFEs, and we know how to prevent them. For a free review of your case, or your client or employee’s case, visit evaluationcredentials.com.
Right Education, Wrong Evaluation: Get that H1B RFE Overturned
Did you or your employee or client file with a credential evaluation only to receive an RFE anyway?
The problem is, many credential evaluators don’t understand how to work with visa cases. Think back to when you ordered. Did they ask about the job? Did they ask about the visa? Do they regularly work with RFEs and difficult cases? If the answer is no, then you probably filed with the right education and the wrong evaluation.
Why does this happen?
There are a variety of rcircumstances in which people need credential evaluations. These circumstances require different evaluations. For example, if you or your employee or client is applying for a graduate program in the United States with a high school diploma and college degree from outside of the United States, the credential evaluation will need to cater to the program’s admissions requirements. In most cases, graduate programs will accept a three-year bachelor’s degree as the equivalent of a US four-year bachelor’s degree as meeting program prerequisite requirements with a simple credential evaluation. This will not work for an H1B visa.
With H1B, candidates must have a work experience conversion in their evaluation to account for the missing fourth year of their bachelor’s degree. This can be done only by a professor with the authority to grant college credit for work experience. Three years of progressive work experience in the candidate’s field of employ in which their work became more complex and specialized can be converted into one year of college credit towards a major in that specialization. This is a complex evaluation.
The same kind of conversion is necessary if you or your employee or client has a degree that is not an exact fit for the H1B job. With graduate program admissions, in most cases a degree in a related field is acceptable. This is not the case for H1B approval. Work experience conversion is required for CIS to approve the H1B visa.
Will this conversion work for other visas. No. For example, say you or your employee or client is applying for EB2 status rather than H1B because the ultimate goal is a Green Card. EB2 requirements don’t allow the bachelor’s degree equivalency to be anything but a single source, so combining work experience will not be acceptable in the eyes of CIS.
In essence, it’s easy to end up with the wrong evaluation for the right education. If the candidate has been hired for the job, it’s because they believe she is qualified based on her education, work experience, and expertise. The RFE is your second chance to prove this to CIS as well.
At TheDegreePeople.com, we work with all kinds of visa cases and their RFEs. We know what works and what doesn’t when it comes to CIS approval and overturning even the most difficult RFEs. Before you file your response, let us review your case for free. Simply go to ccifree.com/ and submit the candidate’s educational documents along with a current, accurate resume, and indicate the H1B job. We will get back to your within 24 hours with a pre-evaluation and full analysis of your case and how to best move forward in successfully answering the RFE.
Your H1B Solutions for the Generalized Degree
H1B visa eligibility boils down to two things:
- Specialized Job
- Specialized Education
Successful candidates meet both of these requirements by having a job that requires an advanced degree – a US bachelor’s degree or higher or its foreign equivalent – to perform, and the accompanying education required to perform it. CIS requires this education to be specialized precisely to the field. That’s where candidates run into trouble come filing season.
Do you, or does your employee or client have a generalized degree or a degree specialization is a field other than the job? Then you need a credential evaluation. Even if the degree is from a US institution, CIS requires a degree equivalency in the exact specialization of the candidate’s job. For example, a business degree will not cut it for a job in finance. A sociology degree will not cut it for a job in psychology. A job in biology requires a bachelor’s degree or higher in biology – not chemistry, geology, or physics.
If you or your employee or client has a generalized degree or a degree mismatched to their job, take the transcripts and work experience to a credential evaluator who works regularly with H1B visas and their RFEs. Evaluators who work regularly with RFEs understand what triggers them and how to prevent them. CIS approval trends regarding education have changed in the past six or seven years, and one of those changes is that the degree specialization must be an EXACT match for the job offer. The evaluator can take a close look at the course content of the candidate’s education, and combine that with progressive work experience in the field to write the evaluation you need to prove educational specialization.
Be sure that the evaluation agency you work with has professors on hand who are authorized to issue college credit for work experience. This way, the candidate’s years of work experience in the field can be converted into college credit counting towards their specialized major equivalency. CIS accepts a three years of progressive work experience to one year of college credit in the field equivalency for the H1B visa. Consult with your evaluator to make sure you or your employee or client has the right kind of work experience – and enough of it – before you order your evaluation.
About the Author
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.