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  • Article: Your Most Common H1B RFE for 2017 By Sheila Danzig

    Your Most Common H1B RFE for 2017


    Looking back on the past few years, we see one occupation that stands out for getting the most H1B RFEs year after year. In 2017, we predict that this trend will remain intact. The answer is Ė Computer Systems Analysis.

    This occupation receives the very most H1B RFEs every year because CIS education trends have required candidates to hold a degree in the exact field of their specialty occupation. Computer Systems Analysis is an EXTREMELY rare degree. In fact, the only schools in the United States in which a student can earn a bachelorís degree in Computer Systems Analysis allow for self-designed majors. In India, there is a BCA in Computer Systems Analysis, but this degree will not work for H1B eligibility on its own because it is a three-year bachelorís degree. CIS requires the fourth year included in a US bachelorís degree to be accounted for. The only degree we have not seen trigger an RFE in this case is a US Masterís degree for Computer Analysis.

    If you hold, or if your employee or client holds one of the few US bachelorís degrees in Computer Systems Analysis, or a US Masterís in Computer Analysis, you probably donít have to worry about an education RFE. However, if this isnít the case, itís always easier to prevent an RFE in the first place than to have to answer one.

    If you have, or if your employee or client has an Indian BCA in Computer Systems Analysis, you need to account for the missing fourth year of education to meet the US equivalency requirements. To do this, talk to a credential evaluator with the authority to convert years of progressive work experience into college credit. Three years working in the field of Computer Systems Analysis in which it can be shown that you or your employee or client took on more responsibility and complexity in their work can be converted into the missing year of college credit towards the degree specialization of Computer Systems Analysis. If you or your employee or client does not have this degree, the same progressive work experience conversion along with a detailed evaluation that includes college coursework in the field of Computer Systems Analysis can be employed to write an equivalency to a US Bachelorís or Masterís of Computer Systems Analysis.

    Before you file, talk to a credential evaluator who can review your case, or your employee or clientís case and see that the college credit and work experience necessary to write the evaluation you or your employee or client needs is there. When there is high risk of RFE, it is necessary to consult with someone experienced in working with H1B RFEs.

    From all of us at TheDegreePeople.com, Happy New Year!

    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 -
      Evidently, the USCIS examiners sending the RFE's mentioned in this article had never heard of the 2012 federal district court decision in Residential Finance Corporation v. USCIS, (S.D. Ohio, Eastern Division, 2012) This very important leading case overturned a USCIS denial of a Market Research Analyst H-1B petition because, according to the OOH, the position itself could be performed by someone with a bachelor degree in a variety of specialties, not just one specialty.

      The US District Court held that for H-1B purposes, it is not the title of the employee's degree or major field of study that is important, but the knowledge that the employee (beneficiary) has acquired during the course of study. The court held:

      Diplomas rarely come bearing occupation-specific majors.

      The RFE's that Ms. Danzig is describing would appear to be in direct conflict with the above decision, and therefore the legal authority (not to mention reasoning) supporting the RFE's that she mentions, even though they happen to deal with a different occupation, which is immaterial, is highly questionable.

      When an RFE or a decision, in an H-1B or any other case, clearly goes against a controlling regulation or decision (AAO or federal court, as the case may be), the issuer of the RFE should be directly confronted and challenged in the RFE reply about his or her failure to follow the law.

      My experience has been that this is much more likely to lead to a successful result than looking around for rarely issued degrees in a narrowly-defined field, or some other evidence which RFE's often demand with the examiner's full knowledge that the requested evidence may be impossible to produce or may not even exist.

      Taking an RFE at face value and trying to come up with evidence which an examiner should have known is unreasonable or inappropriate to ask for can be the royal road to defeat in H-1B or any other employment based cases.

      The first thing to do with any RFE is to look at it carefully to see if the request for a particular piece of evidence is justified or reasonable. If it is not, as is very often the case with H-1B and other employment-based RFE's, then running around trying to comply with the request, as opposed to challenging its validity or legal basis, may be nothing more than a fool's errand.

      Roger Algase
      Attorney at Law
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