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There are many educational pathways that lead to skill attainment.  Some of them are entirely academic. Some begin in college and then end in the workplace rather than with degree completion.  Some are entirely experiential.  However, USCIS needs to see the US academic equivalency to circuitous educational journeys. Last year, an H-1B beneficiary came to […]

The most common RFE reported by H-1B applicants has been Specialty Occupation issues.  However, this issue often arrives in tandem with Wage Level issues, creating the Double RFE.  Applicants for computer programmer jobs, entry level positions, and those making level one wages are at highest risk of this complex RFE. Here’s how it works: USCIS […]

Complex RFEs occur when USCIS finds one red flag in an H-1B petition, triggering a deeper scrutiny of the case.  This is when the chaos of USCIS approval trends kicks in and wreaks havoc on an otherwise unremarkable petition.  Instead of approval, or even a simple RFE, applicants are met with an RFE that calls […]

This is the second year of USCIS’ new two-step H-1B visa application process, and USCIS discovered a major issue.  Over 400 duplicate registrations were discovered in this year’s H-1B lottery.  This is when multiple employers file H-1B registrations for the same beneficiary for the same position.  In some cases, companies worked together to improve the […]

The best way to prevent or address education issue RFEs for H-1B petition filing is to include a credential evaluation that closes any gaps between the education the beneficiary has and the education USCIS will approve.  If any of the following situations apply to your case, you need a credential evaluation: An effective credential evaluation […]

H-1B beneficiaries with education credentials earned outside of the United States need to include a credential evaluation in their initial petition.  This document shows USCIS the educational value of the foreign credential in terms of US academic value.  Since possessing a bachelor’s degree or higher is a central eligibility requirement for this visa, it is […]

The notorious Specialty Occupation RFE has become a perennial roadblock to H-1B approval for applicants in positions that normally but NOT ALWAYS require a bachelor’s degree minimum.  Often, this issue grows into a Double RFE when the job is set at Level 1 Wages, causing applicants to revisit both specialty occupation and wage level requirements. […]

To meet H-1B eligibility requirements, a job situation must entail an employer-employee relationship.  This essentially means that the employer has the right and ability to control the work of the employee.  Specifically, the employer may, “hire, pay, supervise, or otherwise control the work of any such employee.” Although this seems like a straightforward requirement, petitioners […]

To meet H-1B eligibility requirements, a job situation must entail an employer-employee relationship.  This essentially means that the employer has the right and ability to control the work of the employee.  Specifically, the employer may, “hire, pay, supervise, or otherwise control the work of any such employee.” Although this seems like a straightforward requirement, petitioners […]