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Last year, we saw an unprecedented number of RFEs targeting computer programmers making level 1 wages. These RFEs questioned whether this job met H1B specialization requirements, which states a specialty occupation requires a minimum of a US bachelors degree or higher or its equivalent for entry into the position.
- CIS assumes that because the job is set at level 1 wages it is entry level.
- According to the US Department of Labor’s Occupational Outlook Handbook entry level computer programmers are sometimes hired with only a US associates degree, which falls short of H1B educational requirements for a specialty occupation.
This RFE was based on two misconceptions. First, just because a job is set at level 1 wages doesn’t mean it’s entry level. Determining the wage level for any given position is complex, involving a great number of factors. Second, while some employers will hire entry level programmers with only an associate’s degree, this is the exception for the position, not the norm. The exception should not make the rule for determining whether an entire occupation meets specialization requirements.
While this job got the most grief last season, any job can be met with a specialty occupation RFE. To answer this RFE, you need to know the job in question inside and out, far better than CIS does. That means knowing the passage in the Occupational Outlook Handbook, having the ad for the job documented that shows its minimum educational requirements, and having documentation of the requirements for similar jobs in similar companies in the industry. You also need documentation of the employer’s past hiring practices with regards to educational requirements for this job.
If this job is uniquely specialized and requires an advanced degree to perform its duties even though similar jobs in similar companies in the industry don’t require an advanced degree, you will need to clearly and thoroughly explain why this is the case. Both the employer and an expert who can add weight to the argument with an expert opinion letter need to offer detailed explanations.
If you, or your employee or client receives a specialty occupation RFE, you will need an expert opinion letter to fortify your case. We have experts on hand with the highest rate of success in answering these RFEs. For a free review of your case, visit evaluationcredentials.com. We will get back to you in 48 hours or less.
The short answer is, you will need expert help.
The triple RFE combines the Nightmare RFE – which is virtually impossible to answer in time by its own instructions – the level 1 wages RFE, and the specialty occupation RFE all into one big giant headache.
To answer this, you will need to first justify that the wage level is correct for the job, meaning that the H1B employee will be paid the prevailing wages and benefits for that position, in that industry, in similar sized companies in that geographical area. Second, you will need to show that the job meets H1B specialization requirements, and third, you will need to show that the beneficiary meets the educational requirements for the specialty occupation.
To answer the first two, you will need to include an expert opinion letter that explains how wage levels work for that position, and that explains why this particular position meets specialty occupation requirements. You don’t need to order two separate letters for this, at Evaluation Credentials we have experts available 24/7 with the highest rate of success in answering these RFEs, and they can do it in just one letter.
For the third component, you, or your client or employee will need a credential evaluation that clearly shows that they meet educational requirements for the H1B job. For a job to be a specialty occupation, entry into that position must require a minimum of a US bachelor’s degree in the field. That means you need to show that you have, or your employee or client has a US bachelor’s degree in that exact field, or its equivalent. At Evaluation Credentials, we keep one eye on the education and the other on CIS approval trends, which change every year. Writing the correct evaluation means knowing the education, the job, and what CIS will and will not accept as proof of equivalency.
In answering any difficult RFE, the answer is to not get bogged down in the wording, but rather go back to the original eligibility requirements and see where your case, or your client or employee’s case is lacking in meeting them, and to seek expert help.
For a no-charge and no-obligation review of your case, or your employee or client’s case, visit EvaluationCredentials.com. We will get back to you in 48 hours or less with a full analysis and our recommendations.
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!
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.
April 1st is coming up fast and that means it’s time to get started on H1B petitions for fiscal year 2019.
For the past few years, the H1B quota of 65,000 visas and an additional 20,000 for candidates with US Masters degrees or higher or their equivalency has been met within the mandatory five business days that CIS must continue to accept petitions, causing the H1B lottery. This year, we predict the same situation. That means you need to be ready to file right on April 1st.
Before you file, make sure your petition, or your employee or client’s petition is seamless. With so many petitions and so few annual cap-subject visas available, CIS is on the lookout for shortcuts to make their job easier. Don’t let your petition, or your employee or client’s petition raise any red flags. Make sure the requirements are met, and always be aware of common RFEs and CIS approval trends. We work with difficult cases and RFEs every year and we keep a close eye on what CIS is doing. Based on what we’ve seen over the past few years, here are some things to keep in mind when organizing the petition:
1. Does the job meet H1B requirements for specialization?
To qualify for H1B eligibility, the job must have a minimum requirement of a US bachelors degree or higher or its equivalent. To prove this, include the ad for the job that specifies its requirements, and include evidence that similar jobs in the industry require the same credentials. If this job requires a unique level of specialization that is unusual to the typical occupation, include a detailed description of the job and its duties and an expert opinion letter explaining why this job requires an advanced degree to perform.
Last year, CIS used this H1B requirement to issue the Level 1 Wages RFE to an unprecedented number of computer programmers petitioning for H1B status. Their reasoning was that according to the Occupational Outlook Handbook by the US Department of Labor, entry level computer programmers are sometimes hired with only a US associates degree, which does not meet the H1B requirement of a US bachelors degree or higher. This RFE caught everyone off guard and we won’t know until RFEs come out for the FY 2019 round of petitions whether or not measures to prevent this RFE will work. However, if you, or your employee or client has this job at this wage level, here are our recommendations: If you can, set the job at Level 2 Wages, or indicate a different occupation if you can. The second option gets tricky because the job on the LCA must match the job on the H1B petition. Before you try to fit your job, or your employee or client’s job into a different category, consult with us to make sure the job title fits the description, and that the job indicated also meets H1B requirements. If you cannot take either of these measures, include an expert opinion letter that explains why this job meets H1B requirements. We have experts on hand 24/7 to help you with this, and we have had great success in answering these RFEs.
2. Does the beneficiary and the employer have an employer-employee relationship?
To meet H1B requirements, the employer must be able to hire, fire, promote and demote, pay, and otherwise control the work the employee does. Along with this relationship comes the H1B requirement to pay the H1B employee the prevailing wages and benefits for similar jobs in that industry in that geographical location. To prove this, include a copy of the employment contract and documentation that details the nature of the employee’s work.
This is another area that CIS came down on H1B candidates last year with the Level I Wages RFE. This issue can be addressed through the means mentioned above. More importantly, it is important to explain the CIS in the expert opinion letter that just because a job is set at Level 1 Wages doesn’t mean it is entry level, and if it is not entry level, it does not mean that the employee is being underpaid. That’s not how wage levels work; there are many factors to be taken into consideration that must be detailed in the expert opinion letter. Including this with the initial H1B petition may be the key to preventing this difficult new RFE.
3. Does the beneficiary clearly meet H1B educational requirements for the job?
H1B educational requirements state that to be eligible the beneficiary must have a US bachelors degree or higher or its foreign equivalent. You, or your employee or client must hold an advanced degree that meets the requirements for the H1B job. For the better part of the past decade, CIS approval trends have shown that the degree specialization must be an exact match for the job title. This is where things get tricky.
If the degree specialization is not an EXACT match for the field of employment, the beneficiary will need a credential evaluation that utilizes years of progressive work experience and a close examination of the courses taken within the degree program to write an evaluation that solidifies the equivalency to the correct degree in the correct field.
If the degree was earned outside of the United States, you will need to include a credential evaluation that clearly spells out the academic value of the degree in terms of US educational standards. Some degrees, like the Indian three-year bachelors degree, are RFE magnets because CIS is hung up on the missing fourth year even if there are an equal or greater number of actual classroom contact hours in the three-year degree. Some jobs like Computer Systems Analysis are RFE targets because there are very few colleges and universities that offer that specific major track.
For these two circumstances, you will need a professor with the authority to issue college credit for work experience to write an evaluation that converts years of progressive work experience in the field of the job into years of college credit. Progressive work experience means that the nature of the work became more complex and specialized, and the beneficiary took on more responsibility as the work experience progressed. This indicates that skills and knowledge specialized to the field were learned on the job. We have professors on hand with the authority to write these evaluations.
The final hangup with regards to education that tends to trigger an RFE happens when a beneficiary has a degree that doesn’t have the word “degree” in the title. For example, the Indian Chartered Accountancy certification is actually the equivalent of a US bachelors degree in accounting. The Canadian Chartered Accountancy and the US CPA are not bachelors degree equivalents. If you or your client or employee has earned an Indian Chartered Accountancy certification, this credential DOES meet H1B eligibility requirements. You will need to submit a credential evaluation with the H1B petition that clearly describes the steps of education and exams – matriculation structure – required to earn this certification to show that the steps involved are equivalent to a US bachelors degree in accountancy.
Before you file, let us review your client’s entire case to make sure there are no red flags, missing documentation or analysis, or gaps between the beneficiary’s job and education, and H1B eligibility requirements. Simply visit evaluationcredentials.com and submit the educational documents, resume, and job description and we will respond within 48 hours with a full analysis and pre-evaluation of the case, and our recommendations for how to preempt an RFE for the FY 2019 filing season.
It seems like every year CIS is coming out with a new difficult RFE to throw H1B beneficiaries and their employers and attorneys a curve ball.
This year, we were all caught off guard by the Level 1 Wages RFE that targets computer programmers. As with all other years, this RFE is an opportunity to strengthen your case, or your client or employee’s case when you respond to it. In fact, your response to this RFE should be viewed as a tool to do this, and to preempt a second round of RFEs.
When you respond to the Level 1 Wages RFE, it’s important to be aware of other risks involved in your case, or your client or employee’s case. Some jobs, like Computer Systems Analyst, are RFE magnets. Some degrees, like generalized degrees or the Indian three-year Bachelors degree, also attract a disproportionate number of RFEs. If a candidate’s degree is not an exact match for their H1B job, CIS is likely to issue another RFE about that issue when you answer the first. That’s why when we answer the Level 1 Wages RFE, we review our clients’ entire case and write a credential evaluation that preempts these situations.
Don’t let the Level 1 Wages RFE catch you off guard or distract you from the classic RFEs we’ve seen year after year, because they haven’t gone away.
For a no charge and no obligation review of your case, or your employee or client’s entire case, please contact us.
While the Level 1 Wages RFE has been this year’s hot new horrible H1B RFE, all of the classic RFEs we see year after year are still out there.
Candidates who received an RFE for Level 1 Wages and answered it perfectly are now getting hit with another round of RFEs. In fact, this year we’ve seen round two of RFEs bring up some old favorites like the three-year bachelor’s degree RFE, and the occupational specialization RFE, and the mismatched education RFE.
While RFEs are common, they are not desirable because they give CIS an opportunity to closely scrutinize the candidate’s petition and pick up on minute inconsistencies, mistakes, or details that would otherwise fly under the radar. The silver lining to an RFE is it gives candidates a chance to strengthen their case, but only if it’s done correctly.
When we answer one RFE, we take that opportunity to prevent more by reviewing the candidate’s entire case. If you or your employee or client has a three-year bachelor’s degree, or a degree with a major that is not an exact match for the H1B job, we can include a credential evaluation that uses progressive work experience to fill in the gaps between the candidate’s education and job. If you or your employee or client holds a degree or a job that tends to be an RFE magnet, we address the specific issues involved in the initial RFE response along with the expert opinion letter for Level 1 Wages.
Don’t wait for a second RFE to address it. Have us review the entire case before you file a response to make sure you pre-empt any future hindrances to H1B visa approval.
To have us review your case, or your employee or client’s case at no charge and no obligation, please contact us and send the following documents:
• Beneficiary Resume and Educational Documents
• Employer Support Letter
• Detailed Description of the Job
We will get back to you in 48 hours or less with a full review of the case, our recommendations, and information on how to move forward.
This year, CIS has come up with a creative new way to come down on computer programmers petitioning for H1B visa status: Level 1 Wages.
Here’s how they’re justifying this new RFE:
The US Department of Labor’s Occupational Outlook Handbook (OOH) is what CIS uses as a references to determine whether or not a job is specialized to meet H1B criteria. For a job to meet these criteria, the candidate must hold a US bachelor’s degree or higher or its equivalentas a minimum requirement to perform the duties of the job. When it comes to the job of computer programmer, the OOH states that some employers will hire computer programmers for entry level positions with only a US Associate’s degree. CIS is using this as evidence that computer programmers making Level 1 Wages are entry level and therefore do not meet specialization requirements, as some employers only require an Associates, rather than a Bachelor’s degree to perform the duties of this job.
There are two main problems with this RFE:
1. Level 1 Wage does not mean entry level job.
Many jobs that require more education than an entry level job would – including computer programming – require a lot of supervision and training on the part of the employer. Recent college graduates coming into the workforce with a Bachelor’s degree but little to no work experience need to be supervised and trained to apply the specialized skills and knowledge they learned in school to the work environment. That’s why jobs that meet H1B education requirements can be met at Level 1 Wages: employers need to do extra work to help new hires make the transition from college into the work force.
2. The OOH also states most employers require a US Bachelor’s degree for entry level computer programmers.
That’s right, the same source that CIS uses to justify this RFE also states that the norm is for employers to meet H1B requirements for entry level computer programming positions anyway. Although it does state that some employers will hire to this position with only a US Associate’s degree, it also states that in most cases a US Bachelor’s degree is required, even for jobs at entry level.
We can use these problems with this RFE to help you or your employee or client gain ground in the RFE response to strengthen their case. When it comes to this employment issue RFE, CIS is simply wrong. However, CIS is still the gatekeeper to H1B visa status, and it’s up to us to overturn these RFEs and set the record straight. This is not an easy task, but at TheDegreePeople.com we have a 90% success rate when answering these RFEs.
To have us review your case, or your employee or client’s case at no charge or obligation, please send the following documents to email@example.com/
• Beneficiary’s resume and educational documents
• Employer support letter
• A detailed job description outlining the duties of the position
• The RFE
We will get back to you in 48 hours or less with a full analysis and, if we can help you, details on pricing and directions on how to order.
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.
It’s RFE season and the prevalence of the dreaded Nightmare RFE is on the rise right along with the rate of RFE responses. We’re not sure what triggers this RFE, and we’re not even sure CIS has the right to make these requests, but they keep on coming.
The Nightmare RFE is virtually impossible to answer by following its own guidelines. However, at TheDegreePeople, we work with these RFEs regularly and with a creative approach have a very high rate of success in getting them overturned and our clients’ visas approved.
Here’s how it works:
- Read it.
Sit down with your team and read through the entire RFE carefully. Look at the documentation and evidence that you are being asked to provide. Don’t panic, you won’t have to provide the virtually impossible amount of evidence in the virtually impossible amount of time the RFE states.
- Put it down and go back to the original H1B requirements.
This RFE will not tell you how to answer it. The second step is to put the RFE down and return to the initial H1B requirements. In looking at the original H1B requirements in light of the evidence and documentation being requested, you can get a sense of what underlying questions CIS is really trying to answer in requesting the evidence indicated. Answer those underlying questions and you won’t need to jump through the impossible amount of hoops the Nightmare seems to require. Remember, the candidate’s job must be a specialty occupation requiring a US bachelor’s degree or higher or its foreign equivalent to perform. The candidate must hold that degree in the exact field of employ or its foreign equivalent. Your client’s employer must be economically viable and pay the H1B worker the prevailing wages for that job for a company of that size in that geographical location. The candidate and the employer must also have an employer-employee relationship in which the employer can hire, fire, promote, pay, supervise, and otherwise control the candidate’s work. Find out which of these requirements were not clearly met, and provide the evidence to fill in the gaps left open in the initial petition.
- Go to CCIFREE.COM for a free consultation on how to best proceed.
Visit us for a free consultation on your education situation, or the situation of your employee or client. Oftentimes, what was missing in the original petition was a credential evaluation – or the RIGHT credential evaluation. If you or your employee or client has a degree from outside of the United States, incomplete college, or a degree in a generalized field or field that does not exactly match the H1B job, a credential evaluation is needed so CIS can clearly see the value of the education. Oftentimes, a credential evaluation agency will write an accurate evaluation, but not take the nuances of the H1B visa into account. If you’re wondering why you, or your employee or client got an RFE even though you submitted a credential evaluation, this may be your situation. Did the agency ask about the job or visa? These are two essential components of writing the RIGHT credential evaluation for the H1B visa.
Are you staring down a Nightmare RFE? We can help. Simply go to ccifree.com and submit the candidate’s educational documents and a current, accurate resume and we will get back to you within 24 hours with a full pre-evaluation and analysis, and all of your options moving forward.
About the Author
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.