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Received an RFE on my H1B Petition for: BENEFICIARY QUALIFICATIONS: "It appears that the beneficiary may be qualified to perform services in a specialtity occupation through a combination of eductaion, specialzed trainign and/or work experience in areas related to the speciality, Please submit an evaluation from an official who has the authority to grant college-level cedirt for traning and/or experience in the speciality at an accredited college or university, which has a program for granting such credit based on an individual training and/or work experience. With the evaluation, the official must include a letter from the dean or provost of the official's affiliated educational instituion, stating that the evaluating official has the authority to grant college-level credit for training and/or experience. the deam or provost must also state in the letter whether the affiliated educational institution has a program for granting credit based on an individual's traning and/or work experience. If you wish USCIS to make a determination on the equivalence of the beneficiary's work experience, provide documentation to demostrate that: 1. The beneficiary's work experience included the theoretical and practical application of specialized knowledge required by the speciality; 2. The claimed experience was gained while wokring with peers, supervisors, and/or subordinates who hve a degree or equivalent in the speciality; and 3. The beneficiary has recognition of expertise in the speciality evidenced by at least one type of documentation such as; (A) Recognition of expertise in the speciality occupation by atleast two recognized authorities in the same speciality occupation; (B) Membership in a recognized foreign or US association or society in the speciality occupation. © Published material by or about the alien in professional publications, trade journals, or major newspapers; (D) Licensure or registration to practice the speciality occupation in a foreign country: or (E) Achievement that a recognized authority has determined to be significant contributions to the field of the speciality occupation. Documentation should be submitted to support the evaluation, such a letter from peers, supervisors and/or subordinates who worked with the beneficiary and can attest to his claimed experience, awards issued to the beneficiary; license or registration of the beneficiary to practice the speciality occupation etc." Please reply what is the best way to respond to this kind of RFE. Is it just referrring to educational evaluations? or something else too? What are the documents or evaluations to be sent? Where can I get the evaluation done? Is this a common RFE or too complicated? What are the possibilities of approval?
asked Apr 14, 2014 in Degree Evaluations by anonymous | 2,192 views

1 Answer

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While it is impossible to really explain how to respond without seeing your education and work experience paperwork I can say that this is not common but is becoming more common. Up until 2011 we saw very very few and now we see them weekly (but remember we see more RFEs than anyone because that is our specialty). We call it a Kitchen Sink or Nightmare RFE because it has everything in it but the kitchen sink and yes, it can be a nightmare if not treated properly. You could always take the option of CIS providing the determination – but you are not wise to do that if elsewhere in the RFE CIS has indicated it does not accept that the client qualifies. Then you still need to file a persuasive brief and evaluation in support of the client. In practice, you have to remember this is a boilerplate response. Many attorneys have told me that it is like a filibuster – it is designed to stop a response. When responding, they tell me that you need to look beyond the RFE and pin CIS down to the letter of the statute – because they will interpose their own non-statutory criteria if given the chance. Much of what CIS asks for is not doable and there are ways to handle that as well. But each case must be reiewed on a case by case basis. A cookie cutter response may simply increase your chances of a denial. Sheila Danzig, Executive Director, CCI Free Review of RFEs and Denials http://www.CCIFree.com
answered Apr 14, 2014 by anonymous

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