Visa petitions across the board are receiving more RFEs with every year. This is particularly the case for education-based RFEs that require the form I-140. Form I-140 visas include EB1, EB2, and EB3, all of which are for foreign nationals seeking a
Green Card to stay in the United States to work on a permanent basis. Form I-140 visa petitions are being met with more RFEs because there are more petitions flooding in every year than there are available to approve annually, and also because there is
much confusion over education when it comes to these particular visas. Often, beneficiaries will be tempted to try for EB2 classification because it takes years off petition processing time, when their education really only meets EB3 standards.

RFEs can be complex and murky in their wording. The reality is, the pathway to successfully answer an RFE is NOT in the wording of the RFE itself. USCIS uses the RFE as a tool to gather more evidence about your client’s case to make a decision, but
also as a shortcut to justify weeding out petitions amidst the vast number of petitions they have to process every year.

Instead of looking to the RFE to discern how to answer it correctly, look to the initial I-140 requirements for the visa.

Do you, or does your employee or client meet the educational criteria of the visa?

First and foremost, make sure that the beneficiary’s education meets the educational criteria for the particular visa preference classification. For example, and EB2 visa requires beneficiaries to hold a US Master’s degree or higher or its foreign
equivalent, or a US bachelor’s degree or its equivalent FOLLOWED BY five years of progressive work experience in the field. If you or your employee or client does not meet these requirements, or cannot meet them with a detailed credential evaluation,
you are petitioning for the wrong visa. . .. . Read More. . .. http://www.thedegreepeople.com/the-answer-to-your-eb2-rfe-is-not-in-the-rfe/

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