The Race for H1B Visas: Who are the Winners?
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A PROPOSED SOLUTION TO THE AMERICAN MORTGAGE CRISIS
foreign degree evaluations for EB-2 and EB-3 visas to the United States. After careful analysis, this expert on international education has chosen to support a proposal first presented on the Immigration Voice chat board. This proposal could help to significantly relieve America’s current housing problem while encouraging billions of dollars in economic growth.
Workers holding employment-based visas are already residing within the United States. Those applying for permanent resident status have been living in the United States for more than five years. All have professional degrees in their fields of employment, and a sizable percentage hold Master Degrees or PhDs. None are taking American jobs; these visas are issued precisely because no U.S.workers are available to do the work required by the sponsoring businesses and organizations.
The average income earned by workers holding EB visas is $65,000 yearly. The majority of these individuals have good or excellent credit ratings, and secure incomes. They are highly motivated to purchase homes and settle in family friendly neighborhoods. Unfortunately, however, they remain in limbo while they are waiting for the USCIS to approve their green card applications.
In fact, some workers are forced to wait for up to seven years before receiving a response to their application. They hold foreign credentials U.S. equivalency of professional degrees, and are workers critically needed by our society, yet they wait to learn whether they have the right to remain in this country!
More than 200,000 immigration visa numbers have been lost as workers wait for their application to be processed. This has resulted in millions of lost dollars for the economy. In the meantime, approximately 800,000 wage earners wait to see whether they will be permitted to remain in the United States. Consider, for example, the possibility that half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately 200,000), this would result in a net financial gain of 1.6 billion dollars in immediate gain for American banks!
Immigrants are highly motivated to succeed and make themselves part of the culture that welcomes them to remain in their country. Offer your support for a solution that works for potential immigrants as well as for the U.S. economy today. The 30 years needed to pay off most mortgages will allow these persons to more than demonstrate their commitment to the stability of the U.S. economy. Finally, these stable, risk-free mortgages will help to reverse the downward spiral into which our housing market has slumped and help it to soar upward again.]]>
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Foreign Degree Evaluations: EB visas, H1-B visas, and the Recession
U.S. economy is in a recession, or that that recession has affected financial markets worldwide. This in turn has seriously affected the number of people seeking foreign degree evaluations. More and more people are trying to ensure their job security or explore new employment options after cutbacks and mergers have left many without positions.
People with foreign education credentials, including foreign degrees from college or high school, are usually required to prove the U.S. equivalency of their degrees to potential employers in the United States. This is also true for people seeking work or employment-based (EB visas), as well as for those persons who want to go back to college to earn an advanced degree.
Additionally, the rate at which H1-B visa numbers are filled this year may be affected by the current economic state. Many companies are extremely dependent on the use of temporary foreign workers to meet their labor needs. Because H1-B visas are issued on a first-come, first-serve basis to qualified applicants with sponsors, it is possible that those companies most depended on this source of labor may decide to start filing as soon as possible.
There has been discussion of increasing the cap on the number of H1-B visas issued. Moreover, persons such as Janet Napolitano, whom President Obama has nominated for a cabinet post, are in favor of increasing the number of H1-B visas offered each year. Due to the recession, however, proposals such as these may face a lot of resistance as Americans increasingly protest the presence of foreign workers when U.S. jobs are in short supply and high demand.
These protestors, though, need to remember that employment-based visas such as the EB visas and H1-B visas are offered to foreign workers who fill American jobs that cannot be filled by U.S. workers. These people either have specialized education or experience that U.S. employers require and cannot find in this country. American workers are not in fact being denied jobs because of these non-immigration visas; they lack the qualifications to fill these jobs.
It’s impossible to predict what will happen as President Obama takes office and begins to enact his planned policies. The effect of these policies on EB and H1-B visas remains to be seen. Hopefully, he will introduce policies that increase the availability of U.S. jobs, while maximizing the availability of temporary employment to American companies. The citizens of this country are waiting anxiously to see what will happen.]]>
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TN Visa Applications: Is Immigration Permitted?
NAFTA). These visas are called TN visas, and are issued to people with professional qualifications who want to seek temporary work in the U.S. Citizens of Canada are granted TN-1 Visas, while Mexican citizens may qualify for TN-2 visas.
To obtain a TN visa, professionals must demonstrate that they have foreign degrees that are the U.S. equivalencies of a Bachelor Degree for most fields. In certain areas, such as computer science, an Associate Degree plus two years of work experience equivalency may be substituted for a four-year degree. The equivalency must be determined through the completion of a foreign education credentials evaluation completed by a foreign education credentials evaluation agency accepted or approved by the USCIS.
In addition to a foreign credentials evaluation that demonstrates adequate professional qualifications, however, the applicant has to provide strong documentation that he or she intends to remain in the United States only temporarily. That is because the USCIS presumes that any person who is a citizen of a foreign country who is entering the United States is doing so with the intent to remain there permanently. Although a person may express a possible future intent to immigrate, it must not be during the length of the TN visa.
People can offer many different types of evidence that they do not intend to immigrate permanently to the United States. Some examples of supporting evidence include the ownership of property in one’s country of citizenship or the presence of other family members who are not accompanying the professional to the United States. In addition, the request for a visa of less than 1 year’s duration is usually considered sufficient to indicate temporary, rather than permanent, employment in the U.S.
Interested professionals may apply for TN visas in a variety of professional occupations. Scientists, such as biologists or zoologists, as well as healthcare workers, including Registered Nurses or Physicians, are eligible to apply for TN visas. Individuals who hold foreign degrees in healthcare fields, however, must also possess documentation that they possess government-issued licenses to practice.
Furthermore, four types of workers – nurses, physical therapists, occupational therapists, and medical technologists- must maintain a health care worker certification. This certification must demonstrate that the person’s education and licensure are comparable to the U.S. equivalencies required for that profession, and that the individual submitting the application speaks English to a competent level as determined by a standardized test.
If you are a Canadian or Mexican citizen seeking a TN visa, seek an experienced attorney who handles non-immigrant visa applications regularly. Get a foreign credentials education evaluation from a responsible, experienced agency. Last, make it clear to the immigration official that you understand that this is a temporary, rather than a permanent, work assignment.]]>
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New Requirements for TN Visa Applicants
NAFTA), a special visa qualification was offered to citizens of Canada and Mexico who qualify for temporary employment positions that can be categorized into certain professional classifications as defined by the NAFTA agreement. This immigrant visa is known as the TN visa, and includes a wide variety of positions in diverse fields such as social work, accounting, science, mathematics, and nursing. These visas are issued for one-year durations, but can be extended indefinitely.
In order to qualify for a TN visa, a candidate must have at least the U.S.equivalency of a Bachelor Degree in the professional area for which he or she applies. To prove that the foreign degree is equivalent, a foreign education credentials evaluation must be done by a qualified agency, such as Career Consulting International. These educational evaluations are then submitted, along with other documentation, to USCIS officials to determine whether the visa application will be approved or denied.
Professionals who apply for TN Visas may apply for TD visas to allow spouses or dependents to accompany them and reside with them during their stay in the United States. People who hold TN visas, however, may not seek employment within the United States. Canadian citizens are referred to as TN-1 Visa applicants, while citizens of Mexico are designated as TN-2 applicants. The most recent change in policy directly affects TN-2 visa applicants. The application process differs between Canadian and Mexican citizens, however. TN-1 Visa applicants may apply for this immigrant visa either at a US-Canada border crossing, or at most Canadian international airports. In this case, the TN visa may be granted on the day upon which the candidate submits the visa application, a foreign education credentials evaluation report, and accompanying documentation.
Recently, the procedure has changed for citizens of Mexico applying for TN-2 Visas through the Matamoras, Mexico Consulate. Although this change has not yet been reflected on the consulate’s website, these new changes became effective on September 10, 2008. Visa applicants must now call for an appointment or schedule one online at the consulate website, located athttp://matamoros.usconsulate.gov/matamoros/nafta_visas_tn.html.
Previously, applicants were able to submit their foreign education credentialsand evaluation reports prior to the interview. This is no longer true. Now, applicants are required to submit their foreign credential evaluations and other documents at the time of the interview appointment with the consulate.
The employer is still required to submit the employee’s work credentials to theUSCIS to demonstrate that the employee is qualified for the TN-2 Visa. Only after approval may the employee schedule an appointment to have his or her visa stamped at the consulate. The employee’s start date will only be determined after these steps have been completed.]]>
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Career Consulting International Takes on U.S. Armed Services
www.TheDegreePeople.com, doesn’t care.
In fact, Ms. Danzig has posed a challenge to every foreign-educated member of the United States Army, Air Force, Navy, and all active reservists within those branches. And the foreign education credential evaluators at CCI are daringservice personnel to take Ms. Danzig at her word.
“I’m prepared to offer foreign degree evaluations free to 50 active military people each month.” When asked what she would do for the 51st person, Ms. Danzig responds, “There won’t be 51. I don’t expect 50 military people who were educated outside the U.S. to come forward and take advantage of this offer every month.” She quickly adds, however, “The 51st will be the first evaluation performed on the first day of the next month.”
Individuals who have attended high schools or universities outside the United States require foreign credential evaluations in order to demonstrate evidence of the U.S. equivalency of their foreign degrees or diplomas. People generally need these evaluations for further study at US universities, employment or for immigration purposes. These evaluation reports, however, can be costly, ranging from $70 to hundreds of dollars. This hasn’t deterred Sheila Danzig, however from offering them at no charge to our military.
“Our military goes unnoticed as they work to defend all of us,” Ms. Danzig states. CCI consultants agree. U.S. Military personnel, both domestic and abroad, offer their duty to their country unreservedly. Offering the services of that foreign education credential evaluation agency free of charge is one way Ms. Danzig can demonstrate her support, as well as those of her foreign credential evaluation agency.
CCI has agreed to continually update Armed Services personnel regarding how many soldiers respond to this challenge each month. When asked whether she’s met her match in issuing this challenge to the entire United States Military, Sheila Danzig just laughs. “I’m from Brooklyn,” she says. “I am up for the task!”
For more information about foreign credential evaluation agencies, visitwww.thedegreepeople.com/ The agency specializes in difficult cases such as those that have received RFE’s or Denials from USCIS. However they are happy to do simple evaluations as well.
For a free consultation and to learn whether your foreign diploma is the educational equivalency of a degree at a US accredited college or university:]]>
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THREE-YEAR DEGREES AND I-140 VISAS: AN IMPOSSIBLE COMBINATION?
all 3-year degrees have a high risk of being denied. The MATTER OF SHAH is now being used to question degrees worldwide, rather than primarily for degrees from Indian universities. These degrees are, in fact, being denied much more frequently, and evaluators have been warned that, in all probability, this trend will only continue.
What can we do to help students with 3-year degrees resolve this dilemma?
1. Recently, Ron Wada advised: “This is one situation where the service centers’ case by case policy can work in your favor, because that cuts both ways. They still leave the door open to say, “If you can show us that your three year degree is equivalent to a US 4 year bachelor degree then we will approve your case. But the burden of proof is on you. Alright, so one can visualize that it is possible to do this … ” Furthermore, concerning the evaluation process itself, Wada stated, “I would like to say one thing here, for the future, the way I see the future of credential evaluations, we have to get smarter. We cannot assume that what we’ve used in the past, the cookie cutter, on the cheap, credential evaluation is going to fly. If you have a case that solidly meets the requirements you don’t even need a credential evaluation and it is not useful in that situation. When you need it is when you’ve got facts that aren’t clearly approvable and you need a credential evaluation to back that up. You are going to need a credential evaluation that does something for you, that gives analysis, that provides back up documentation. It cannot be the simple evaluation you’re used to getting.”
At both the 2006 and 2007 AILA conferences with USCIS, this issue was discussed.
USCIS offered this response to a question that arose during the April 19, 2006 AILA liaison’s visit with I-140 product line manager supervisors:
“We are aware that some countries (i.e., many European countries) have educational systems that have the equivalent of 13 years education prior to university, and that education plus a three-year university degree is the equivalent of a Bachelor’s degree in the U.S. However, many other countries’ educational systems have only 12 years of education prior to university, and then only three years of university coursework. With respect to such degree, we need evidence that the beneficiary has the equivalent of the required degree…A simple credential evaluation stating that the degree is equivalent may not be sufficient. It should be supported by a detailed explanation of how that conclusion was made and the transcripts of the beneficiary’s schooling to support the explanation and to document where the evaluator found the coursework equating a four-year degree.”
Furthermore, during this session, the USCIS admitted that a Bachelor Degree awarded to a student who graduates from a 12+3 educational system, such as the one found in India, may be considered to be the U.S. equivalency of a four-year bachelor degree if the recipient can document that the coursework involved is equivalent to that found in a four-year degree program. We offer, in this expert opinion, a detailed explanation that utilizes comprehensive evidence concluding that, based on a comparison of coursework, the Indian 3-year degree is the US equivalency of a 4-year bachelor degree program.
Again, as stated in the April 2007 NSC Liaison Spring Meeting:
“2. We understand that NSC reviews a beneficiary’s educational qualifications on a case by case basis, and considers credential evaluations to be purely advisory in nature. The “case by case” policy makes it difficult for petitioners to understand what documentation is needed to support their case. One member reports receiving multiple RFEs requesting documentation of the “length and complexity” of the academic program; but this type of request in an RFE still does not provide the guidance needed to prepare a response. For the situations listed in Question 1 where documentation beyond the official academic record is needed to establish either bachelor’s degree or master’s degree equivalency, it would be helpful if NSC could provide some basic guidance concerning the minimum content of the supplementary documentation that would be needed to establish foreign degree equivalency with U.S. degrees. For example, for EB2 cases involving beneficiaries with an Indian 3 year bachelor’s degree followed by a 2 year master’s degree, we understand that NSC has approved I-140s where the petitioner has submitted either:
- Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
- Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s programs.
Please confirm whether either or both of these types of documentation can establish equivalency in situations where NSC requires supplementary evidence of degree equivalency.
Answer: In most situations, either of these instances would allow USCIS to determine in facor of educational equivalency. The petition filed must include adequate documentation to establish that the beneficiary is indeed meets the qualification requirements specified in the labor certification. If the requirement of a master’s degree is specified, the petitioner must be able to offer enough documentary evidence that the beneficiary’s education is the functional equivalent of a US master’s degree in the required field.
CCI will review all RFEs and Denials that are based on foreign education credential evaluations wtihout charge. We do this in order to assist clients, as well as their attorneys and employers. Call Toll-Free: 1.800.771.4723 for details.
Sheila Danzig is the executive director of Career Consulting International, a foreign credential evaluation agency that specializes in USCIS education-related RFE’s and Denials. Ms. Danzig is the co-author of an article that offers an in-depth examination of Indian 3-year degrees.]]>
THREE-YEAR DEGREES AND I-140 VISAS: AN IMPOSSIBLE COMBINATION? Read More »
TN Visa Applications: Is Immigration Permitted?
NAFTA). These visas are called TN visas, and are issued to people with professional qualifications who want to seek temporary work in the U.S. Citizens of Canada are granted TN-1 Visas, while Mexican citizens may qualify for TN-2 visas.
To obtain a TN visa, professionals must demonstrate that they have foreign degrees that are the U.S. equivalencies of a Bachelor Degree for most fields. In certain areas, such as computer science, an Associate Degree plus two years of work experience equivalency may be substituted for a four-year degree. The equivalency must be determined through the completion of a foreign education credentials evaluation completed by a foreign education credentials evaluation agency accepted or approved by the USCIS.
In addition to a foreign credentials evaluation that demonstrates adequate professional qualifications, however, the applicant has to provide strong documentation that he or she intends to remain in the United States only temporarily. That is because the USCIS presumes that any person who is a citizen of a foreign country who is entering the United States is doing so with the intent to remain there permanently. Although a person may express a possible future intent to immigrate, it must not be during the length of the TN visa.
People can offer many different types of evidence that they do not intend to immigrate permanently to the United States. Some examples of supporting evidence include the ownership of property in one’s country of citizenship or the presence of other family members who are not accompanying the professional to the United States. In addition, the request for a visa of less than 1 year’s duration is usually considered sufficient to indicate temporary, rather than permanent, employment in the U.S.
Interested professionals may apply for TN visas in a variety of professional occupations. Scientists, such as biologists or zoologists, as well as healthcare workers, including Registered Nurses or Physicians, are eligible to apply for TN visas. Individuals who hold foreign degrees in healthcare fields, however, must also possess documentation that they possess government-issued licenses to practice.
Furthermore, four types of workers – nurses, physical therapists, occupational therapists, and medical technologists- must maintain a health care worker certification. This certification must demonstrate that the person’s education and licensure are comparable to the U.S. equivalencies required for that profession, and that the individual submitting the application speaks English to a competent level as determined by a standardized test.
If you are a Canadian or Mexican citizen seeking a TN visa, seek an experienced attorney who handles non-immigrant visa applications regularly. Get a foreign credentials education evaluation from a responsible, experienced agency. Last, make it clear to the immigration official that you understand that this is a temporary, rather than a permanent, work assignment.]]>
TN Visa Applications: Is Immigration Permitted? Read More »