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TODAY MONDAY APRIL 2nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days.
For the past few years, the cap has been met before the mandatory five business days is up, so that means you have to file THIS WEEK for you, or your employee or client to have a shot at making the H-1B lottery for FY2019.
Last year, we saw an unprecedented number of RFEs, especially targeting computer programmers. This year, make sure you take steps to preempt an RFE or rejection. Don’t fall into common RFE traps by taking these precautions:
- Consistent Answers – make sure what is entered on the LCA matches the petition, including the job title and description.
- Start Date is NO EARLIER THAN October 1st 2019.
- Borderline jobs that don’t necessarily require a US Bachelors degree or higher according to the Department of Labor’s Occupational Outlook Handbook are accompanied by a detailed job description and expert opinion letter to prove specialization.
- The beneficiary’s degree or degree equivalency specialization matches the job title or is accompanied by a credential evaluation.
- Degrees earned outside of the US, incomplete college, or mismatched degree specialization is accompanied by a credential evaluation.
If you, or your employee or client needs a credential evaluation or expert opinion letter, don’t file the petition without one. We have credential evaluators and experts on hand 24/7 ready to write the evaluation or expert opinion letter you need, or your employee or client needs for visa approval. Time is of the essence. Simply visit evaluationcredentials.com to get started now!
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.