This is the H1B Request for Evidence (RFE) that runs chills down lawyers' spines. It is called the Nightmare (because is causes horrible anxious nightmares) or Kitchen Sink (because EVERYTHING is in it but the kitchen sink). Brace yourselves, here is
an example of one such RFE.

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Evaluation of Training and/or Experience by a College Official: Submit an evaluation form from an official who has authority to grant college-level credit for training and/or experience in the specialty of a Graphic Designer. The evaluation must be from
an accredited college or university that has a program for granting such credit in the field of study based on an individual's training and/or work experience.

Note: College or university professors writing evaluations as consultants on behalf of private educational credentials evaluation firms with not satisfy this requirement as regulations limit the scope of their evaluation only to foreign education.

The evaluation by an official, preferably the Registrar of a college or university must be on behalf (on the letterhead) of the college or university where they are employed and have authority to grant college credit for training and/or experience. A
private educational credentials evaluation service may not evaluate an alien's work experience or training; because these regulations limit the scope of educational credential evaluators to evaluating only foreign education.

Professors writing evaluations as consultants may, in the alternative, be considered as recognized authorities if they can clearly establish their qualifications as experts; provide specific instances where past opinions have been accepted as
authoritative and by whom; clearly show how conclusions were reached; and show the basis for the conclusions with copies or citations of any research material used.

This evaluation should describe the material evaluated and establish that the areas of experience are related to the specialty. Resumes or Curriculum Vitae alone are usually insufficient to satisfy this requirement. Also, provide a letter from the
Registrar of the institution (on the institution's letterhead) to establish that the particular evaluating official is authorized to grant college-level credit on behalf of their institution, and that the evaluator holds a bachelor's degree in the field
of study he or she is evaluating. Further, provide written verification or other documents or records to clearly substantiate that the evaluator is actually employed by the claimed college or university.

Provide copies of pertinent pages from the college or university catalog to show that it has a program for granting college-level credit based on training and/or experience. Merely stating in a letter that the school has such a program is insufficient.
The program must be clearly substantiated. Further, CLEP and PONSI equivalency exams or special credit programs do not satisfy this requirement because the regulation requires that the beneficiary produce the results of such exams or programs in order
for them to qualify. Also, training or experience derived from internship programs may not satisfy this requirement unless you can establish that the experience or training claimed was gained through enrollment in the particular college or university's
internship program.

Moreover, provide evidence to show the total amount of college credit the Registrar or evaluator may grant for training or experience as part of the program. The evaluator may provide copies of the evaluation made by a school official, preferably the
Registrar, which clearly shows how the alien met the college or university's program requirements and how much possible college credit the alien may be granted for his or her training and experience.

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We at CCI are VERY familiar with this RFE and know how to respond.

Up until 2009 we had seen very few of these. We are now seeing them on a regular basis; as many as FOUR in one day. We do not know what triggers them though most of the time they occur when there are other issues, generally employer-related or when the
education and work do not match the job offer.

USCIS has set conditions the RFE that, even were they possible to meet, would involve the services of so many authorities and individuals they would still be impossible to meet in terms of cost and time. No evaluation agency can offer a service to deal
with these RFEs to our knowledge because of this.

A LONG list of people would be needed - professors, registrars, accrediting agencies and program directors. We cannot meet the requirements listed and we know of NO ONE who can. The request is unreasonable and it is not clear if the USCIS has the right
to make this request.

However, although there are never any guarantees with the USCIS with a new evaluation and a slightly different approach, we have seen almost all of these approved (roughly 95%).

It is always important to remember that we need to fulfill the USCIS H1B requirements and not allow the wording of an RFE to throw us off course. USCIS is not going to give you a road map to success in the RFE. But I WILL based on our experience with
these situations.

If you have a Nightmare RFE or any RFE, Denial, NOID or any H1B, E3, TN or I140 case, we will be happy to review it at no charge at www.cciFree.com.

Sheila Danzig, EdD
Executive Director CCI
1.800.771.4723
www.TheDegreePeople.com

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