CSC getting really tough (pedantic) with RFEs

[stevphel]

To all EB-2 applicants - something to watch out for,

I am an EB-2 applicant with MBA. PhD, and 5+ years direct work experience in US.

I submitted PhD transcript and credential evaluation per I-140 instructions (evidence of advanced degree in profession) to CSC.

I received RFE 10 months later to provide evidence of ten years college education per ETA 750 (admin assistant just copied a past ETA 750 application that asked for PhD and 10 years education).

I just paid the credential service another $100 to write 2 pages on how my three degrees total ten years college training. Still waiting to hear if that is acceptable (RFE received 12/16/04).

IMHO, these requests are getting way outside the EB-2 requirements. Any thoughts on how to rationalize this as a reasonable request? I am not seeing it. Doesn't the DOL certify that you meet the ETA requirements? Why is USCIS re-inventing the wheel when EB2 only requires evidence of advanced degree?

The credential service actually called me to ask if I had made a mistake on what the RFE was asking for. This was the first time they had been asked to certify ten years of education in an EB2 case!

Bottom line: be very careful what you write in that box!

RFE also asked for employer support - fair enough - I was already on an H1-B and assumed this wasn't a new position and thus did not require evidence of financial support. Of course, I was also swayed by the fact that my employer is a university with 2500 employees and a $400 million budget.

Easy enough to get letter from VP of finance though.

Just my $0.02 worth
Stev

 

[dazzling]

To all EB-2 applicants - something to watch out for,

I am an EB-2 applicant with MBA. PhD, and 5+ years direct work experience in US.

I submitted PhD transcript and credential evaluation per I-140 instructions (evidence of advanced degree in profession) to CSC.

I received RFE 10 months later to provide evidence of ten years college education per ETA 750 (admin assistant just copied a past ETA 750 application that asked for PhD and 10 years education).

I just paid the credential service another $100 to write 2 pages on how my three degrees total ten years college training. Still waiting to hear if that is acceptable (RFE received 12/16/04).

IMHO, these requests are getting way outside the EB-2 requirements. Any thoughts on how to rationalize this as a reasonable request? I am not seeing it. Doesn't the DOL certify that you meet the ETA requirements? Why is USCIS re-inventing the wheel when EB2 only requires evidence of advanced degree?

The credential service actually called me to ask if I had made a mistake on what the RFE was asking for. This was the first time they had been asked to certify ten years of education in an EB2 case!

Bottom line: be very careful what you write in that box!

RFE also asked for employer support - fair enough - I was already on an H1-B and assumed this wasn't a new position and thus did not require evidence of financial support. Of course, I was also swayed by the fact that my employer is a university with 2500 employees and a $400 million budget.

Easy enough to get letter from VP of finance though.

Just my $0.02 worth
Stev

I can understand your frustration. I know why this is happening. With the Y2K business a lot of graduates from countries like India have come to US who have 3 year degrees in their BS. A lot of these people have spent about 5-6 years in this country and are now trying to immigrate. Some of these people have fraudalent degrees issued by organizations that are not even authorized to issue such degrees. A lot of these folks would go to any extent to get documents that fit the USCIS requirements. USCIS is getting too many complaints for this happening and they have become cautionary. They expect evidence of everything to be available when you file.

You are correct that it is DOL who has to look into this, but unfortunately with the booming business for labor certs, USCIS has to control this at 140 stage. Just my 2 cents

 

[stevphel]

Interesting perspective

Interesting perspective, dazzling. I guess I fit the "profile". Arrived in US 1998, H1-B expiring May 2005.

Just not sure how asking for my masters and bachelors credentials makes my PhD transcript any more official or more advanced for EB2 requirements. Either it is a genuine advanced degree or it isn't.

Stev

P.S. I am Australian with three Australian degrees. Luckily, I have a 4 year honours degree which "solves" the 3 year BS degree problem and enables my education to sum to 10 years.

BSc(Hons)=4, MBA=2, PhD=4