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  • Article: Fall into an H-1B Education Trap? Fix that RFE! By Sheila Danzig

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

    by


    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 clientís case in a hurry. H-1B eligibility requirements state that a beneficiary must hold a US bachelorís 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 youíve received an RFE for an education situation, it means youíve already fallen into an H-1B education trap. Donít 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 ďcollegeĒ degree is actually a high school diploma.

    Yes, this happens. Attorneys: donít 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 bachelorís 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 bachelorís 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 clientís 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 donít have a direct English translation. Some degrees donít 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 clientís 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 clientís 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.

    Reprinted with permission.


    About The Author

    Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency.


    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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