Is studying for a test cheating? No! Is editing a book necessary? Always! The same goes for an H-1B petition. Reviewing the case for potential adjudication problems is an essential step to preventing an H-1B RFE. RFEs are time-consuming, costly, and can lead to a second or third round of RFEs, delaying the work start date and throwing a monkey wrench in the sponsor’s workflow. The best step to answering one is to avoid getting one in the first place.
A big red flag that triggers closer scrutiny of the rest of the case. This is where Double RFEs, the Nightmare RFE, and other difficult RFEs that are virtually impossible to answer by their guidelines in the timeline required. Common educational issues often boil down to filing without a credential evaluation to fill in gaps between the education a beneficiary has, and the exact degree major of the H-1B job. For example, applicants with degrees in fields that do not match the H-1B job title run into trouble.
Applicants with degrees earned outside of the United States run into trouble, especially with three-year bachelor’s degrees. A unique credential evaluation that takes years of education and progressive work experience into account to write a valid equivalency for a degree that is an exact match for the job title will prevent an H-1B RFE.
Sometimes, applicants have education from unaccredited universities, or through no fault of their own, have forged documents. These problems will most definitely raise red flags. A review of your case will expose these problems to you before USCIS sees them.
In these circumstances, a work experience conversion combined with any accredited education, the applicant can address the issue before it becomes an RFE trigger.
Other issues include specialty occupation issues for borderline jobs that usually – but not always – require a bachelor’s degree or higher, wage level one, or there is not a complete itinerary of work for the three-year duration of the H-1B visa.
These issues can be addressed before they become RFEs if caught in a review of your case. That is why we offer free surveys and consultations for H-1B visa cases.
For a free review of your case, visit www.ccifree.com. We will respond in 48 hours or less.
Sheila Danzig is the executive director of CCI, TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.