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Your H1B Checklist for FY 2019

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.

How to Use the Level 1 Wages RFE as a Tool

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.

Don’t Get Distracted by the Level 1 Wages RFE!

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:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job

• RFE

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.

Approved! The Feared Level 1 Wage RFE!

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 predocs@cci123.com/

• LCA

• 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.

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.

Overturn an H1B Nightmare RFE in Three Steps

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:

  1. 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.

  1. 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.

  1. 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

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.

What is a Degree? – Find out Before You File!

RFEs are on the rise across the board for visa candidates. Education RFEs are particularly common for visas like H1B and EB2, which are contingent on the candidate’s advanced degree and skill specialization. Candidates who earned their degrees from outside of the United States run into trouble because educational systems vary across borders, and academic value does not always translate along with the language.

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.

Fall into an H-1B Education Trap? Fix that RFE!

The H-1B visa is a dual-purpose visa that allows foreign nationals to come work highly skilled jobs in the United States for long periods of time. This visa is highly desirable and laden with sneaky education traps that can tank your case, or your employee or client’s case in a hurry. H-1B eligibility requirements state that a beneficiary must hold a US bachelor’s degree or higher or its foreign equivalent, and to be a specialized occupation, the job must require such a degree as a minimum. Educational requirements as well as what constitutes sufficient evidence to prove US equivalence for a foreign degree vary from visa to visa. At the same time, CIS trends regarding what they will approve in terms of education, and what they will not approve change.

If you’ve received an RFE for an education situation, it means you’ve already fallen into an H-1B education trap. Don’t panic! The situation may be salvageable. Here is what may have happened:

The degree came from a college or university that is not government accredited.

Many institutions that provide a rigorous, quality education that fully prepare you or your employee or client for the specialty occupation he or she has been hired for are not actually government accredited. Two common examples of this situation are NIIT and Aptech. CIS will not approve unaccredited education.

The “college” degree is actually a high school diploma.

Yes, this happens. Attorneys: don’t listen to your clients when they insist that their high school diploma is a college degree. This tends to be an honest mistake that gets taken too far. Mistranslations, misunderstandings, and different educational systems from one country to the next cause a lot of confusion in this area. Different degrees are often called by the same name, which becomes a problem when transcripts and credentials are translated but not evaluated for academic equivalence. The H-1B visa requires a US bachelor’s degree or higher. A high school diploma does NOT meet these requirements.

If your degree, or your employee or client has a degree from an unaccredited college or university, or no bachelor’s degree equivalence at all, talk to a credential evaluator with the authority to convert years of work experience into college credit. You may be able to salvage your case.

The degree was not evaluated correctly. 

If your degree, or your employee or client’s degree is from a different country with a different language, the transcripts must be translated into English and evaluated for US academic equivalence. Sometimes, documents do not get translated correctly, or they are only translated but never evaluated. Sometimes, they are evaluated, but incorrectly. Sometimes they are evaluated correctly, but not for the H-1B visa. This H-1B trap is becoming increasingly common because some translation agencies now offer a sort of one-stop-shop for translation and evaluation. Just like document translation, evaluation is a highly specialized field that requires extensive knowledge of international education, international trade agreements, CIS precedent decisions, federal case law, and various visa requirements. This is because some visas allow education and experience from different sources to be combined to show equivalence while others do not accept that combination but require others. This is also because some degrees exist in one country but not in another, and others don’t have a direct English translation. Some degrees don’t call themselves degrees but are actually the equivalent of post-secondary education. Simply translating documents from one language to another means understanding of the academic content is lost. A credential evaluator can identify where this occurs and fix it. Each evaluation must be conducted on a case-by-case basis.

Before you file your case, or your employee or client’s case, be aware that it may not be as straightforward as you think. Educational systems vary from country to country, and your degree or your employee or client’s degree may not be what you think it is in terms of US academic value.   At the same time, the right degree may be in the wrong field, or difficult to find a US equivalent degree for. Talk to a credential evaluator with experience working with H-1B visas and their RFEs. The evaluator you want understands the specific requirements of H-1B visas as well as CIS trends regarding these much sought-after visas.

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.

Who is at Fault for Your RFE?

About one in every four H-1B petitions receive an RFE. The first step to answering an RFE is to understand what CIS is asking, who dropped the ball, and who can provide that information. Just because someone is at fault for your RFE, or your employee or client’s RFE does not mean you should fire them or find someone else. At this stage, it is often unwise to find a new attorney, evaluator, or employer for that matter. Sometimes it’s the candidate’s fault. Sometimes, CIS is at fault. Sometimes it’s no one’s fault. CIS trends change every year and it’s impossible to keep up with all of them. Sometimes, you do need to find someone else for the job.

Regardless, the first step to successfully answering your RFE, or your employee or client’s RFE is to discover why it was issued in the first place and who is to blame. Remain calm, refrain from pointing fingers, and ALWAYS remain solution-oriented through this process.

Sometimes No One is to Blame

In many cases, this is exactly the situation. CIS visa approval trends change every year and it is practically impossible for everyone to keep up on them – even CIS. The best you can do is to work with a team that follows CIS trends as closely as possible and do your best. Working with a credential evaluation agency that specializes in RFEs and difficult cases is advised because they understand what works and what does not. This will not always prevent an RFE, but you’ll know you are in good hands in any case.

Sometimes it’s The Candidate’s Fault

This is a hard but true fact. Oftentimes, a candidate will make a mistake, and if this is your situation, it’s time to eat some humble pie and move forward towards a solution. Candidates, did you make a mistake about the value of your degree, certificate, license or diploma? Did you provide poorly or even fraudulently translated documents? Did you provide poorly evaluated documents? Did you receive your degree from an unaccredited institution? Educational document errors and inconsistencies, as well as mistranslations can be picked up by a skilled credential evaluator, but sometimes that’s not the first agency you work with. Be honest with yourself and your team about your credentials, and find honest, well-trained translation and evaluation agencies to work with from the beginning. At the end of the day, candidates, your petition is your responsibility.

Sometimes it’s The Attorney’s Fault

Attorneys, did you file the petition incorrectly? Sometimes this happens. Find out what went wrong and what you need to do to fix it. At this point, it’s probably not worth it to fire the attorney unless a horrible mistake was made. Oftentimes, when the attorney is at fault it’s for the same reason that candidates may have been at fault: they worked with the wrong translation or evaluation agency and ended up submitting inaccurate documents. These problems can be addressed by working with credible translation and evaluation agencies. Just make sure you work with TWO SEPARATE agencies – one for translation and one for credential evaluation – as these are two highly specialized services that require very different and very specific sets of skills.

Sometimes it’s CIS’s Fault

It’s no secret that CIS makes mistakes. Sometimes an RFE may be factually incorrect. Your petition, or your employee or client’s petition could be absolutely spotless, filed perfectly, and filed on time, and CIS will still issue an RFE. While these RFEs are frustrating, they are also easy fixes because you already have all of the documentation and information you need at your fingertips.

Sometimes Your Evaluator – or the Evaluation itself – is at fault

Maybe it was your evaluator’s error that triggered the RFE. Maybe it was the evaluation that your evaluator wrote but not your evaluator. This may sound confusing, but it’s actually a fairly simple differentiation. The candidate’s visa requires a very specific evaluation to write the equivalency to the US degree that you, your employee, or your client needs to meet H-1B visa requirements, and in the field that matches the H-1B job. If your degree, or your client or employee’s degree was earned outside of the United States, or with a major that is not an exact match to the job, you need an evaluation written that converts years of progressive work experience into college credit to fill in the gaps between the degree and the job, or the degree and the degree CIS requires you, or your client or employee to have.

Not every evaluation agency can provide this. Some do not specialize in immigration and visa evaluations, and some don’t have the authority or cannot provide the evidence needed to back up a work experience conversion. Talk to potential credential evaluation agencies. They may be able to write an accurate evaluation, but it may be the wrong evaluation for the H-1B petition. If an agency does not ask about the job or the visa, look elsewhere. The agency you want is one that specializes in immigration and visa evaluations, and specializes in RFEs and difficult cases.

An RFE is a chance to strengthen your case, or the case of your client or employee. Sit down with your team to find out who – if anyone – dropped the ball, who can solve the problem, and how to best proceed.

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.

 

FY2017 H-1B Predictions and Requirements

The past decade has seen a significant annual increase in H-1b petitions, and this year the trend is projected to continue. Experts estimate that more than 200,000 H-1b petitions will be filed this year before CIS closes its doors after the mandatory five days of accepting petitions. For cap-subjected H-1b jobs, there are only 65,000 visas available for candidates with US bachelor’s degrees or it’s equivalent or higher, and an additional 20,000 H-1b visas with candidates with US master’s degrees or its equivalent or higher available. There will most definitely be a lottery, and that means you and your client need to have your petition ready, spotless, and filed on April First of this year.

But what does a spotless petition look like?

Your client’s petition must meet H-1b requirements as well as current CIS trends to be approved. CIS has been issuing more and more RFE’s every year, up from around 4% less than a decade ago to 25% in recent years as responses to H-1b petitions. That means your client has a one in four chance of receiving an RFE that the two of you will have to address. Your client doesn’t have to be a statistic so long as you clearly show that your client and his or her job and employer meet H-1b requirements in adherence to current CIS trends.

What are the H-1b requirements and how do trends affect how to properly evidence these requirements?

  1. Your client’s job must be a specialty occupation. This means that to perform the duties of the job, your client must hold a US bachelor’s degree or higher or its equivalent in a related field. In recent years however, CIS has issued RFE’s for degrees that do not exactly match candidates’ job titles. If your client’s major is not an exact match for his or her job title, you need to find a credential evaluation agency that can take a close look at your client’s education to count classroom contact hours in classes matching your client’s job towards a degree equivalency. The evaluator can also convert years of progressive work experience in the field to years of college credit in the major of your client’s job offer. To show that your client’s job is a specialty occupation, you need to provide evidence that your client’s employer requires this degree for this job, and that similar positions in similar companies also require an advanced degree. If this is not the case, you need to provide evidence as to why your client’s particular job is so specifically complex as to require an advanced degree to carry out its duties.
  1. Your client must hold a US bachelor’s degree or higher or its equivalent. H-1b visas are for specialty occupations that require a bachelor’s degree or higher to perform. If your client has a US bachelor’s degree or higher or its equivalent, and the degree matches the job, all you have to do is submit the educational documents with the petition. However, if your client’s degree is from a different country – particularly a country with a three-year bachelor’s degree – you need to have your client’s education evaluated for US equivalence. This is because educational systems vary from country to country, and CIS must clearly see the value of your client’s education in terms of US educational value. Some post-secondary degrees from other countries are the equivalent of US bachelor’s degrees even though the word “degree” is not in the title. Others are not. A detailed evaluation from a credential evaluator with expert understanding of international education is needed to meet this requirement. For three-year degrees, a progressive work experience conversion is needed to fill in the missing fourth year. Although three-year degrees, like the Indian three-year degree, have the same if not more number of classroom contact hours as a US four-year degree, CIS does not accept this equivalency on face without a detailed credential evaluation.
  1. There must be an employer-employee relationship. This means that your client’s employer can hire, fire, promote, pay, and otherwise control the work your client does. You can show this by submitting a copy of the employee contract or providing other documentation regarding your client’s job.
  1. Your client must be paid the prevailing wage for his or her job. Prevailing wage is determined based on the job, the company, the geographic location, and other factors. To prove that your client will be paid the prevailing wage for his or her job, you need to provide evidence that states common salaries for your client’s occupation in similar companies in similar locations, as well as proof that your client’s employer will be paying that wage. At the same time, you also have to show that your client’s employer is economically viable to pay your client the prevailing wage without affecting the salaries of other employees, operating costs, or other aspects of the business.

Before you file your client’s H-1b petition, have a credential evaluator review his or her education to make sure all your ducks are in a row. If you submit a petition without an evaluation where one is needed, you can expect an RFE. While an RFE is not the end of the world, it is a big red flag on your client’s petition, and will trigger CIS to comb over the petition and find misplaced details that would otherwise have gone by unnoticed. CIS has a big job to do when it comes to cap-subject H-1b visa selection. Make their job easier by making sure your client’s visa is easy to approve, not by giving them a big red flag to look at.

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.