There are many pathways through education and they don't all include the classroom. However, USCIS needs a clear quantitative measure of qualitative learning – whether it's on the job, from incomplete college, or from an unaccredited program. H-1B beneficiaries that have the specialized skills and knowledge necessary to perform the specialty occupation but do not have a completed four-year bachelor's degree should not file without taking additional steps. It is essential to find out whether or not the school the degree was earned at is accredited or not. Oddly enough, it is common for H-1B applicants to think their school is accredited only to find out it is not. If either of these three situations applies to your employee or client, the best way to prevent this RFE is to include a credential evaluation with a work experience conversion in the initial petition. This credential evaluation must prove a clear equivalency to a four-year US bachelor's degree in the field of the H-1B job. A professor authorized to grant college credit for work experience can write an evaluation that converts three years of progressive work experience into one year of college credit. Progressive work experience means that education occurred on the job as evidenced by the applicant having taken on progressively more complex work and more responsibility over the duration of the work experience. It may take up to twelve years of progressive work experience to make this equivalency work. Credits earned can also be applied to the equivalency. If your employee or client received an RFE or Denial for any of these three education issues, a customized credential evaluation that takes work experience and earned college credits, along with the job, H-1B eligibility requirements, and USCIS approval trends into consideration can get it overturned. At CCI, TheDegreePeople.com, we work with professors who can issue college credit for work experience to write unique credential evaluations tailored to fill in any gaps between the beneficiary's education and the correct degree and specialization for the H-1B job.
For a free review of your case visit www.ccifree.com. We will respond in 4 hours or less.
We are also starting a new PRIVATE Facebook group of attorneys and employers to discuss RFE strategies with each other.
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