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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:
• 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.
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.