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  • Article: Overturn an H1B Nightmare RFE in Three Steps By Sheila Danzig

    Overturn an H1B Nightmare RFE in Three Steps

    by


    It’s RFE season and the prevalence of the dreaded Nightmare RFE is on the rise right along with the rate of RFE responses. We’re not sure what triggers this RFE, and we’re not even sure CIS has the right to make these requests, but they keep on coming.

    The Nightmare RFE is virtually impossible to answer by following its own guidelines. However, at TheDegreePeople, we work with these RFEs regularly and with a creative approach have a very high rate of success in getting them overturned and our clients’ visas approved.

    Here’s how it works:

    1. Read it.

    Sit down with your team and read through the entire RFE carefully. Look at the documentation and evidence that you are being asked to provide. Don’t panic, you won’t have to provide the virtually impossible amount of evidence in the virtually impossible amount of time the RFE states.

    2. Put it down and go back to the original H1B requirements.

    This RFE will not tell you how to answer it. The second step is to put the RFE down and return to the initial H1B requirements. In looking at the original H1B requirements in light of the evidence and documentation being requested, you can get a sense of what underlying questions CIS is really trying to answer in requesting the evidence indicated. Answer those underlying questions and you won’t need to jump through the impossible amount of hoops the Nightmare seems to require. Remember, the candidate’s job must be a specialty occupation requiring a US bachelor’s degree or higher or its foreign equivalent to perform. The candidate must hold that degree in the exact field of employ or its foreign equivalent. Your client’s employer must be economically viable and pay the H1B worker the prevailing wages for that job for a company of that size in that geographical location. The candidate and the employer must also have an employer-employee relationship in which the employer can hire, fire, promote, pay, supervise, and otherwise control the candidate’s work. Find out which of these requirements were not clearly met, and provide the evidence to fill in the gaps left open in the initial petition.

    3. Go to CCIFREE.COM for a free consultation on how to best proceed.

    Visit us for a free consultation on your education situation, or the situation of your employee or client. Oftentimes, what was missing in the original petition was a credential evaluation – or the RIGHT credential evaluation. If you or your employee or client has a degree from outside of the United States, incomplete college, or a degree in a generalized field or field that does not exactly match the H1B job, a credential evaluation is needed so CIS can clearly see the value of the education. Oftentimes, a credential evaluation agency will write an accurate evaluation, but not take the nuances of the H1B visa into account. If you’re wondering why you, or your employee or client got an RFE even though you submitted a credential evaluation, this may be your situation. Did the agency ask about the job or visa? These are two essential components of writing the RIGHT credential evaluation for the H1B visa.

    Are you staring down a Nightmare RFE? We can help. Simply go to ccifree.com and submit the candidate’s educational documents and a current, accurate resume and we will get back to you within 24 hours with a full pre-evaluation and analysis, and all of your options moving forward.


    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/?CodeLWA/ 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 -
      And also remember, there are plenty of "Nightmare" H-1B RFE's that have nothing to do with a candidate's educational qualifications or academic evaluation, and which even the most skilled and professional evaluation experts on earth will not be able to offer a clue as to how answer since the subject matter of the RFE might be completely outside an academic qualifications evaluator's area of expertise.

      I refer to the RFE's, which may be the most frequently encountered of all, which challenge whether the offered H-1B job qualifies as a specialty occupation at all, because of doubts as to whether it actually requires a bachelor degree in a particular specialty field. If you get this kind of RFE, you will very likely need the help of an experienced H-1B attorney, not a credentials evaluator, to answer it.

      Best of all, it is important to consult with an experienced H-1B lawyer before preparing the job description and filing the H-1B petition. Otherwise, if you receive an RFE relating to the job's educational requirements, as opposed to the H-1B candidate's educational achievements, it may already be too late to do anything about it.

      Roger Algase
      Attorney at Law
      algaselex@gmail.com
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