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According to Forbes, about two-thirds of annual H-1B cap-subject visas are awarded to beneficiaries in computer occupations.  As of June 2021, there were over 1 million computer positions actively vacant.  However, H-1B applicants working as computer programmers have been hit the hardest by specialty occupation issues in their petitions. A few years back, a H-1B […]

Brilliant, highly skilled professionals often take non-traditional pathways through education combining work experience with formal training.  Sometimes all of the education takes place on the job.  The question is, how do you explain this to USCIS in your H-1B visa petition? The answer is that you must show the US academic value of the work […]

A successful visa petition takes a team effort.  The beneficiary, the employer, and the immigration lawyer all have important rules to play.  Who is the team member that gets often overlooked but performs many of the vital roles?  The paralegal. The bones of a successful petition are ensuring the required forms are submitted in order […]

At CCI TheDegreePeople.com we work with difficult RFEs every year.  These are RFEs that call more than one aspect of the petition into question.  On the simple end, it is wage level and specialty occupation rolled into one complicated issue.  On the other end is the Nightmare RFE that is nearly impossible to answer by […]

If your H-1B petition wasn’t selected for FY2021, you may have another shot.  On June 23, 2021, USCIS announced that it will allow resubmission of certain cap-subject FY2021 petitions before October 1, 2021.  USCIS stated, “If your FY2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during […]

If an RFE arrives instead of approval, that means your H-1B petition did not make the clear case that they job, the employer, and the beneficiary met eligibility requirements.  Someone dropped the ball.  The key to answering this RFE is to find out who it was – not to place blame, but to get the […]

Specialty occupation and wage level issues have become a scourge for H-1B applicants.  Over the past few years, USCIS has changed the way it adjudicates the specialty occupation requirement.  This year the wage level component has become a heated legal issue with the AILA representing five tech and medical nonprofits suing the Biden Administration to […]