Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE





The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

  • Article: H1B Case Study: How to Overturn an RFE for Generalized Degree By Sheila Danzig

    H1B Case Study: How to Overturn an RFE for Generalized Degree

    by


    Education is a central component of H1B eligibility. This visa is for foreign nationals who work in specialty occupations that require advanced degrees and skills and understanding specialized to their position. If the job does not require a US bachelorís degree or higher or its equivalent, the job is not considered specialized enough to qualify. Likewise, if a candidate does not hold a US bachelorís degree or higher or its equivalent, their qualifications are not considered specialized enough to qualify.

    What if you or your employee or client has a US bachelorís degree in liberal arts? The answer is CIS would issue an RFE because this generalized degree does not show that the candidate has specialized skills and knowledge. For this reason, candidates with generalized degrees often run into trouble come RFE season.

    When a client comes to us with this kind of situation, we take a look at the content of his or her education. We look at the course content and identify specific courses taken in the field of their H1B job. We then look at their work experience in the field of their H1B job. Three years of progressive work experience in the field can be equated to one year of college credit towards a US bachelorís degree in that major. We then write an evaluation taking specific courses and work experience into account and write a very detailed and evidence-fortified evaluation that clearly shows the candidate has the equivalent of a US bachelorís degree in the field of the H1B job. Through this extra step, CIS can clearly see that the candidate possesses the specialized skills and understanding required to be successful at the H1B job, and eligible for H1B visa status.

    If you or your employee or client has received an RFE for a generalized degree, talk to a credential evaluator with experience working with H1B RFEs. Be sure to get a consultation before you order an evaluation to make sure that the candidate has the coursework and work experience necessary to write the evaluation you need to overturn that RFE.

    Reprinted with permission.


    About The Author

    Sheila Danzig is the Executive Director of CCI, 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.


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

    Comments 1 Comment
    1. ImmigrationLawBlogs's Avatar
      ImmigrationLawBlogs -
      How much longer will our current H-1B system last in the face of white nationalist pressure from within the new administration to roll back or abolish the 1965 reform law which opened up our legal immigration system to qualified people from every part of the world?

      Will America soon revert back to an immigration system based on: "First show me your white, European ancestry. Then we will look at your academic credentials"?

      Roger Algase
      Attorney at Law
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: