What happens when you, or when your employee or client receives an H-1B RFE that calls into question the wage level, the specialty occupation, and the H-1B employee’s education? This Triple Threat RFE is virtually impossible to answer within the time constraints by its own guidelines set forth in the RFE.
Coming up on this H-1B application season, it is essential to remember that many RFEs cannot be answered by their own instructions. Then how does one answer the Triple Threat RFE? By going back to the original H-1B requirements to make sure they are clearly met, explained, documented, and fortified with expert opinion
To meet H-1B eligibility requirements, the job must be a specialty occupation, meaning as a minimum requirement the H-1B employee must hold a US bachelor’s degree or higher, or its equivalency in the exact field of the H-1B job. The employer must pay the employee the prevailing wage and provide the prevailing benefits for the H-1B position for companies of that size, in that industry, in that geographical location.
The first step is to address specialty occupation and wage level issues. This can be done in just one expert opinion letter. The trick with this is, you need to provide adequate documentation for the expert to write a detailed letter that clearly and validly answers all of USCIS’ questions regarding the job, and the expert must have extensive experience working in the field of the H-1B job, not simply be an instructor.
Second, to address any educational questions USCIS has, you need, or if your employee or client needs a detailed credential evaluation uniquely written for your situation, or for your employee or client’s situation, taking into consideration the education completed, progressive work experience in the field, the H-1B job, the H-1B visa, and USCIS approval trends and precedents. Any gaps between your education, or your employee or client’s degree and the H-1B job must be closed, and if the degree was earned outside of the United States, a credential evaluation is virtually required to prevent or answer an RFE.
At CCI TheDegreePeople.com, we have worked with Triple Threat RFE cases over the past few years with the highest rate of success in overturning them. However, the best way to answer any RFE is to prevent it in the first place. Make sure all possible vulnerabilities in your case are addressed before you file.
For a no-charge and no-obligation review of your case by our visa experts at CCI TheDegreePeople.com visit ccifree.com or simply reply to this email. We will get back to you within 48 hours.