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  • Article: What H1B Job Title is an RFE Magnet? By Sheila Danzig

    What H1B Job Title is an RFE Magnet?


    The answer is Computer Systems Analysis and the reason it is such an RFE magnet is not the fault of the job itself. While this is a common H1B job, Computer Systems Analysis is a very rare degree.

    US Bachelor’s degrees in Computer Systems Analysis is only available at universities with self-designed degrees. In India, there is a BCA in Computer Systems Analysis, but this degree triggers an RFE because it is a three-year Bachelor’s degree. The only degree we have seen not trigger an RFE for this job is a US Masters of Computer Systems Analysis. Again, this is also a relatively rare degree.

    So what’s the problem?

    Until about seven years ago, CIS approved the H1B visas of candidates with US Bachelor’s degrees in fields related to their H1B job without question. Now, the degree must be an EXACT match for the job title. With such an unusual degree, it is hard for anyone with a job in Computer Systems Analysis to have a US Bachelor’s degree that is an exact match.

    If your or your employee or client’s H1B job is Computer Systems Analysis, chances are you will need a credential evaluation to preempt or to answer an RFE. If you or your employee or client has an Indian BCA in Computer Systems Analysis, a professor authorized to issue college credit for work experience can write a work experience conversion that turns three years of progressive work experience in the field of Computer Systems Analysis into one year of college credit to account for the missing fourth year. If you or your employee or client has a degree in a related field, a work experience conversion of this kind, along with a close examination of the coursework involved in the degree to emphasize classwork in Computer Systems Analysis is needed.

    Unless you or your employee or client has a US Masters of Computer Systems Analysis, don’t chance it. An RFE is not the end of the world, but it makes visa approval a whole lot harder, more expensive, more time-consuming, and more stressful.

    Before you file or answer an RFE, let us provide a pre-evaluation with all of your options for free. Simply go to ccifree.com and submit all educational documents, a current, accurate resume, and indicate the job title or desired equivalency. We will get back to you within 24 hours with your pre-evaluation, a full analysis, and all of your options.

    About The Author

    Sheila Danzig is the Executive Director of CCI, TheDegreePeople.com, a foreign credentials evaluation agency. For a free 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 -
      I have certainly received my fair share of H-1B RFE's over the years, and have, fortunately, been able to answer the overwhelming majority of them successfully, but very few, if any, of them have raised questions about the employee's level of education or type of degree, whether in Computer Science or any other field.

      In my three decades of experience with H-1B cases, the main reason for RFE's has usually been concerns over whether the offered job is a specialty occupation. This has nothing to do with the particular H-1B candidate's degree, but only with the issue of whether a specialty bachelor degree or equivalent is required for the job.

      So far as I can recall, I have never received a single RFE or denial notice in any H-1B case claiming that the employee must have a degree with the exact title as the title of the job description. This may sometimes happen with PERM Labor Certification green card cases, especially if the job requirements are not drafted carefully, but I have never known it to be the case with an H-1B petition.

      To the contrary, I have had at least some H-1B petitions approved where the candidate's bachelor degree major was in a totally different field from the offered H-1B position, but the course work toward the degree was related to the job. In many of my approved cases, the H-1B candidate did not have a bachelor degree at all, but had a combination of education and work experience instead.

      Roger Algase
      Attorney at Law
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