Why did your client or employee get an education RFE? The three-year bachelor’s degree is one of the most common reasons well qualified and even over-qualified candidates receive an RFE instead of an outright approval. The USCIS reasons that a
three-year degree does not equate to a US four-year bachelor’s degree on the grounds of that missing year. Another common reason is a mismatched major. In the recent past, the USCIS would accept that a candidate is qualified for his or her H1b job
because the candidate held the necessary degree in a related field. Now, the major must exactly miss the field of employ.
What does the Matter of Shah have to do with any of this?
The decision to this matter, made in 1977, is the most widely cited reason the USCIS and their evaluation board gives for issuing an RFE or rejecting a visa petition outright. In this decision, it was determined that the candidate, who held a three-year
Indian bachelor’s degree with chemistry as a special subject from Gujarat University and a two-year MBA from the University of Detroit was not academically qualified for a job in the United States as a chemist. Read More . . ..
http://www.
thedegreepeople.com/the-matter-of-shah-and-why-it-should-not-matter/
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